6.Waldo Mesa Nunez — Direct/Cross
273 linesJUDGE HANKINSON: JI didn't hear what you said, Ms. Norris.
MS. NORRIS: We call waldo Nunez.
JUDGE HANKINSON: Okay. Come on up here, please, sir.
All right. If you'd face the clerk and raise right hand, please, sir.
whereupon, WALDO NUNEZ was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat, and slide up to the microphone, please, sir.
DIRECT EXAMINATION BY MS. NORRIS:
MS. NORRIS: All right. Good afternoon.
WALDO MESA NUNEZ: Good afternoon.
MS. NORRIS: Can you introduce yourself to the jurors, and spell your first name and your last name.
WALDO MESA NUNEZ: Yes. First name is Waldo Mesa Nunez. Spell it?
MS. NORRIS: Yes, sir.
WALDO MESA NUNEZ: W-A-L-D-O, M-E-S-A, N-U-N-E-Z.
MS. NORRIS: Okay. And how are you currently employed?
WALDO MESA NUNEZ: I'm employed for Miami-Dade County.
MS. NORRIS: Did you previously work at Comfort Rent A Car?
WALDO MESA NUNEZ: Yes, ma'am, I did.
MS. NORRIS: what was your position there?
WALDO MESA NUNEZ: I was a sales representative.
MS. NORRIS: And is that located in Miami, Florida?
WALDO MESA NUNEZ: Yes, it is.
MS. NORRIS: How long did you work there?
WALDO MESA NUNEZ: I worked there from 2014 -- since 2014 until 2017.
MS. NORRIS: Okay. Were you working there in June of 2014?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: And do you recall what shift you worked, like, which hours you worked?
WALDO MESA NUNEZ: I used to work from 4:00 p.m. until 10:00 p.m.
MS. NORRIS: So the evening shift?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: And whenever a person came into the rental car -- the Comfort Rent A Car and wanted to rent a vehicle, would they have to fill out, like, a rental agreement or a contract --
WALDO MESA NUNEZ: Yes.
MS. NORRIS: -- with the company?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: would that contract include things like what kind of car they were renting, for example?
WALDO MESA NUNEZ: Yes, it would.
MS. NORRIS: The length of the car rental?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: The person renting the car?
WALDO MESA NUNEZ: Of course.
MS. NORRIS: May I approach, Your Honor?
JUDGE HANKINSON: You may.
BY MS. NORRIS:
MS. NORRIS: I'm going to start by showing you, if I can get it out, what I have marked for identification as State's 89A. Do you recognize this document?
WALDO MESA NUNEZ: Yes, I do.
MS. NORRIS: And how did you recognize it?
WALDO MESA NUNEZ: Because of the handwriting.
MS. NORRIS: whose hand- --
WALDO MESA NUNEZ: It's my handwriting.
MS. NORRIS: You recognize the handwriting?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: And what is the document?
WALDO MESA NUNEZ: It's a contract from the rent a car.
MS. NORRIS: And were these the rental agreements -- how they looked back in June of 2014?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: And is this an accurate copy of the rental agreement that you filed out in this particular case to Sigfredo Garcia.
WALDO MESA NUNEZ: Yes, it is.
MS. NORRIS: Okay. And I'm also showing you what I have marked as 89B. Is this the corresponding receipt that goes along with the rental agreement in 89A?
WALDO MESA NUNEZ: Yes, it is.
MS. NORRIS: And is your name also on State's Exhibit 89B?
WALDO MESA NUNEZ: Yes, it is.
MS. NORRIS: Your Honor, at this time, I'd offer State's Exhibit 89A and B.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: I'd just like to review the original, please.
MR. DECOSTE: No objection from Magbanua, Your Honor.
MR. ZANGENEH: No objection, Judge.
JUDGE HANKINSON: 89A and B will be admitted.
(State's Exhibit No. 89A - 89B received in evidence.)
BY MS. NORRIS:
MS. NORRIS: The next document I'm going to show you is State's Exhibit 90. Do you recognize this rental agreement as well?
WALDO MESA NUNEZ: Yes, I do.
MS. NORRIS: And how do you recognize it?
WALDO MESA NUNEZ: That's the same handwriting and the same format of the contract.
MS. NORRIS: Okay. And these are the types of documents just like State's Exhibit 89 that Comfort would --
WALDO MESA NUNEZ: Have at the time, yes.
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?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: Okay. And is this an accurate copy of that Comfort rental agreement?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: At this time, I'd offer into evidence State's Exhibit 90.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: No objection.
MR. DECOSTE: No objection.
MS. NORRIS: Can I publish them, Judge?
JUDGE HANKINSON: They'll be admitted.
(State's Exhibit No. 90 received in evidence.)
MS. NORRIS: Did you say I could publish?
JUDGE HANKINSON: Yeah, you may.
BY MS. NORRIS:
MS. NORRIS: So I'm going to start by showing you State's Exhibit 89. This name up here, Garcia -- I guess it's last name first -- Garcia, Sigfredo, was that the name of the person who's renting the vehicle?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: And what about the information to the right here, the silver Nissan Altima? Is that the description of the vehicle that's being rented?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: what is this number here, the CKBI85, I think that says?
WALDO MESA NUNEZ: That would be the tag number.
MS. NORRIS: For the vehicle rented?
WALDO MESA NUNEZ: For the vehicle.
MS. NORRIS: And the date here, June 2nd, 2014, what date does =that indicate?
WALDO MESA NUNEZ: That would be for the date that the person rented =the vehicle.
MS. NORRIS: Okay. Now, this $500 amount, what's that?
WALDO MESA NUNEZ: That is to be a deposit that they would take whenever someone rented with cash.
MS. NORRIS: Okay. And then it indicates the number of days being rented and the price per day; is that correct?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: That receipt that I showed you, State's Exhibit 89B, is that the corresponding receipt for the $500 deposit given by the customer, Sigfredo Garcia?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: And that's your name right there?
WALDO MESA NUNEZ: Yes, it is.
MS. NORRIS: Based on this contract, can you tell when the vehicle was due?
WALDO MESA NUNEZ: It was due on June 5th.
MS. NORRIS: Of 2014; right?
WALDO MESA NUNEZ: 2014, yes.
MS. NORRIS: why does this contract say that the vehicle is due at 8:50 p.m. on June 5th of 2014?
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.
MS. NORRIS: And you mentioned earlier this was your handwriting. You were the one filling out the rental agreement?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: what time would you indicate the vehicle had to -- due back? when you started writing the contract? At the end of the contract? when?
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.
MS. NORRIS: So however many days they want to rent it, you would do it in that -- 24-hour increments starting from the time you began drafting the rental agreement?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: Is that right? Okay.
Next I want to show you State's Exhibit 90. Is this your handwriting again?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: And what type of vehicle was being rented in this agreement?
WALDO MESA NUNEZ: It would be a Hyundai Sonata, blue.
MS. NORRIS: And what date was that vehicle rented?
WALDO MESA NUNEZ: On the 3rd of June 2014.
MS. NORRIS: And who was the person renting this vehicle?
WALDO MESA NUNEZ: Sigfredo Garcia.
MS. NORRIS: Can you explain why it is we have two different cars being rented back to back, one on June 2nd, 2014, and one on June 3rd, 2014, based on your review of these two rental agreements?
WALDO MESA NUNEZ: It could be because he was just changing the vehicle.
MR. ZANGENEH: Objection, Judge. He's speculating.
MS. NORRIS: I can lay some more foundation, Your Honor.
JUDGE HANKINSON: Yeah. Clarify that.
BY MS. NORRIS:
MS. NORRIS: You've examined these two rental agreements --
WALDO MESA NUNEZ: Yes.
MS. NORRIS: -- right?
And was the same amount due for both rental agreements?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: was the deposit amount the same?
WALDO MESA NUNEZ: Yes.
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?
WALDO MESA NUNEZ: Yes.
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?
MR. ZANGENEH: Same objection, Judge.
JUDGE HANKINSON: Overruled.
WALDO MESA NUNEZ: Yes.
JUDGE HANKINSON: Did you answer?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: Yes.
BY MS. NORRIS:
MS. NORRIS: Okay. Was it common in your experience for people += to trade --
WALDO MESA NUNEZ: Yes.
MS. NORRIS: -- rental vehicles?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: when you're renting to someone, for example, Sigfredo Garcia here, would you take a photocopy of their driver's license?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: And why would you do that?
WALDO MESA NUNEZ: Because we always kept information of whoever was renting the vehicle.
MS. NORRIS: And you did that in this case?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: And when you take that identification card, do you make a comparison to the person to whom you're renting to make sure they are the --
WALDO MESA NUNEZ: Yes.
MS. NORRIS: -- one and the same?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: At the time of these rental agreements back in 2014, did comfort Rent A Car have, like, GPS things on their cars?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: And what was the purpose of that?
WALDO MESA NUNEZ: It was in order to track the vehicles to see where the vehicles were.
MS. NORRIS: And the -- whichever company y'all contracted with for GPS location information would provide that back to the rental company?
WALDO MESA NUNEZ: Yes.
MS. NORRIS: If I may have one moment, Judge?
JUDGE HANKINSON: You may.
MS. NORRIS: Thank you, Mr. Mesa Nunez. TI don't have any more questions for you.
JUDGE HANKINSON: Garcia?
CROSS EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Is it Mr. Mesa Nunez or --
WALDO MESA NUNEZ: Mesa is fine, or Nunez, whatever, yes.
MR. ZANGENEH: Let me go ahead and do this: So I'm directing your attention to Government's Exhibit 89A.
The Government was just showing you this; right? You recall it?
WALDO MESA NUNEZ: Yeah.
MR. ZANGENEH: There's a provision in there that says "Days" and there's the number three; correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: And then there's a rate, $49 an hour; correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: And that's for a Nissan Altima, silver in color; correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: The next contract does not have an amount of days; correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: And there's no daily rate; correct? Correct? There's no --
WALDO MESA NUNEZ: Yes. Yes. There's no date there.
MR. ZANGENEH: The license plate here is CSHD78; is that correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: So again, CSHD78; correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: Now I'm referring to Government's Exhibit 81. well, let's just go ahead -- why don't we do this side by side.
Mr. Mesa, you still see that; correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: This is your rental agreement that you've testified to about today; correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: Now, to the right of it is Government Exhibit's 81, which is a traffic citation. Can you -- let me go ahead and zoom in here.
what is that license plate number?
WALDO MESA NUNEZ: What? You want me to read it?
MR. ZANGENEH: Yes.
WALDO MESA NUNEZ: CSHD78.
MR. ZANGENEH: And you'll agree with me that that is the same license plate as the car that you rented that day; correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: And the Government showed you a driver's license of a gentleman by the name of Sigfredo Garcia that rented that car; correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: what name do you see on this citation? Starts right there.
WALDO MESA NUNEZ: Luis Manuel Rivera.
MR. ZANGENEH: And the Hyundai was rented -- it started on June 3rd, 2014; correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: And, I'm sorry, the return date was 6/5/2014 at 8:50 p.m.; correct?
WALDO MESA NUNEZ: Yes, sir.
MR. ZANGENEH: And you testified that that would be consistent with somebody renting it at 8:50 p.m. the day before; correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: Let's go ahead -- do you see what the day is there? Right there. what month that is?
WALDO MESA NUNEZ: June.
MR. ZANGENEH: June. What's the date next to it?
WALDO MESA NUNEZ: Fourth.
MR. ZANGENEH: what's the year, sir?
WALDO MESA NUNEZ: 2014.
MR. ZANGENEH: So a day after the car was rented; is that correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: Okay. And you see a time right next to it, sir?
WALDO MESA NUNEZ: Time, 9 p.m. or -- 9 a.m., 9:12 a.m.
MR. ZANGENEH: 9:12 in the morning; correct?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: Now, the Government asked you -- the Government asked you was it common for certain aspects in the car rental business? Do you recall that? People return cars or exchanging them under the same contract?
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: You'll agree with me that it's common for certain people to rent cars for other people?
WALDO MESA NUNEZ: Rent cars for other people?
MR. ZANGENEH: Right. So, is it uncommon for a person to go and rent a car and somebody else use it?
MS. NORRIS: I object to lack of foundation.
JUDGE HANKINSON: I'm sorry. Your legal objection?
MS. NORRIS: Lack of foundation and speculation.
JUDGE HANKINSON: Overruled.
BY MR. ZANGENEH:
MR. ZANGENEH: Mr. Mesa?
WALDO MESA NUNEZ: Can you repeat the question?
MR. ZANGENEH: Sure. No problem.
Is it uncommon for someone to go and rent a car and then somebody else to drive it?
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.
MR. ZANGENEH: But I'm not --
JUDGE HANKINSON: He's answered the question. Move on, Mr. Zangeneh.
BY MR. ZANGENEH:
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?
WALDO MESA NUNEZ: I wouldn't know if someone else drove it, because when you take the car out, the person who's in the contract is the only person who can drive the car.
MR. ZANGENEH: well, let me give you an exact example.
WALDO MESA NUNEZ: Okay.
MR. ZANGENEH: This car Sigfredo Garcia rented, the Hyundai Sonata on June 3rd, 2014; correct?
WALDO MESA NUNEZ: June what?
MR. ZANGENEH: June 3rd, 2014. That's the contract --
WALDO MESA NUNEZ: Yes.
MR. ZANGENEH: -- we're looking for.
Now, we have a citation here the following morning, 9:12 a.m., written by a Florida Highway Patrol officer with the make and model, year, consistent with the car that you rented with the license plate exactly the same as the car you rented with somebody else's name.
JUDGE HANKINSON: Is there a question there?
MR. ZANGENEH: Have you ever heard --
JUDGE HANKINSON: Let's --
BY MR. ZANGENEH:
MR. ZANGENEH: Is this an uncommon occurrence?
WALDO MESA NUNEZ: I don't know.
MR. ZANGENEH: No further questions from me, Your Honor.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: No questions, Your Honor.
JUDGE HANKINSON: Redirect?
MS. NORRIS: No, Your Honor.
JUDGE HANKINSON: Any juror have a question of this witness? All right.
You can step down.
Do we need to keep him any further?
MS. NORRIS: No, sir.
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: All right. You can step down. You're excused. Thank you.
Let me see the lawyers sidebar.
(Discussion held off the record).
JUDGE HANKINSON: Let's take a quick break. Let's make it as quick as you can. We're going to do two witnesses and then -- before we break for the evening. They're -- they've said they'll be relatively short. we may not be done right at 5:00 o'clock, but go ahead and let's take a break as quick as we can.
(jury out).
JUDGE HANKINSON: Either side need anything?
MR. ZANGENEH: No, Your Honor.
MS. CAPPLEMAN: No, Your Honor.
(Recess.)
JUDGE HANKINSON: Let's have the jury, please.
(Jury in).
JUDGE HANKINSON: All right. Everybody but the witness be seated, please.
If you would face the clerk and raise your right hand, please, sir.