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Garcia–Magbanuatrial-daytrial-dayGeorgia CapplemanAnna NorrisChristopher DeCosteTara KawassSaam ZangenehChristopher CorbittErika JohnsonClariza LebredoYindra Velazquez MascaroJune Umchindadirectcrossredirectjury_questionrecrossDay 5 - October 3, 2019The court settled key jury-instruction issues as relationship, dental-office, and phone-record testimony continued.
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Day 5 - October 3, 2019

Jury Instructions, Relationship Testimony, and Phone Records

Judge James C. Hankinson
29Proceedings
5Pages
5Witnesses
4,434Lines
Day 5 of 11
Appearing:

The court settled key jury-instruction issues as relationship, dental-office, and phone-record testimony continued.

Full day summary

The court addressed jury instructions, ruling that second-degree murder and manslaughter lesser-included instructions would be given over defense objections, while reserving further discussion of principal liability and voluntary intoxication. June Umchinda and Yindra Velazquez Mascaro testified about their relationships and observations involving Charles Adelson, Katherine Magbanua, Sigfredo Garcia, and Luis Rivera. Dental-office employees described payroll, records, phone systems, and contacts concerning Magbanua's records. Christopher Corbitt mapped phone, rental, GPS, toll, video, bank, and call records concerning June and July 2014 travel and communications; cross-examination addressed the limits of cell-site analysis and handset attribution. The court also allowed the defense to use additional portions of iCloud records after the State had relied on portions of them.

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1. June Umchinda — Direct/Cross/Redirect

The court addressed opening-statement limits and jury instructions before the jury entered, then June Umchinda testified about Charlie Adelson, her 2018 interview with law enforcement, and her limited knowledge of Katherine Magbanua.

Procedural
Evidentiary Rulings and Jury-Instruction Conference
138 lines

The court limited the evidentiary ruling to drug dealing, approved lesser-included homicide instructions, tailored the firearm instruction to Garcia, and deferred other instruction questions.

Direct
June Umchinda - Direct June Umchinda Georgia Cappleman
196 lines

June Umchinda described Charlie Adelson's behavior and cash at his residence, then acknowledged a prior interview discussion of stapled money.

Cross
June Umchinda - Cross June Umchinda Saam Zangeneh
116 lines

Garcia's counsel tested the limits of Umchinda's recorded interview and her firsthand knowledge of Charlie Adelson before 2015.

Cross
June Umchinda - Cross June Umchinda Christopher DeCoste
116 lines

Magbanua's counsel questioned Umchinda about her law-enforcement interview, emotions toward Charles Adelson, media exposure, and knowledge of Magbanua's work.

Redirect
June Umchinda - Redirect June Umchinda Georgia Cappleman
22 lines

June Umchinda clarified that she did not believe prosecutors personally came to her door and addressed her understanding of the recorded interview.

Jury Questions
June Umchinda - Juror Questions June Umchinda James C. Hankinson
35 lines

June Umchinda said she recently exchanged text messages with Charlie Adelson before traveling to court.

Highlights

2. Yindra Velazquez Mascaro — Direct/Cross/Redirect

Yindra Velazquez Mascaro testified about Katherine Magbanua's relationships, a reported July 2014 call about an accident, and Magbanua's use of a Lexus. Cross-examination and juror questions addressed the limits of her knowledge and the reported timeline.

Direct
Yindra Velazquez Mascaro - Direct Yindra Velazquez Mascaro Anna Norris
470 lines

A friend described Magbanua's relationships, employment history, a July 2014 reported accident, and a Lexus she said Charlie Adelson gave Magbanua.

Cross
Yindra Velazquez Mascaro - Cross Yindra Velazquez Mascaro Saam Zangeneh
187 lines

Cross-examination focused on Mascaro's limited knowledge of Rivera and Magbanua's relationships with Adelson and Garcia.

Cross
Yindra Velazquez Mascaro - Cross Yindra Velazquez Mascaro Tara Kawass
372 lines

Cross-examination tested Mascaro's prior affidavit and her memory of a July 2014 car-accident call while eliciting relationship and employment context about Magbanua.

Redirect
Yindra Velazquez Mascaro - Redirect Yindra Velazquez Mascaro Anna Norris
76 lines

Mascaro clarified the accuracy of a law-enforcement report, relationship timing, the reported-accident call, and employment details.

Jury Questions
Yindra Velazquez Mascaro - Juror Questions Yindra Velazquez Mascaro James C. Hankinson
40 lines

Mascaro said she lacked knowledge about Magbanua's pay, relationship timing, and Garcia's whereabouts during an overnight childcare incident.

Jury Questions
Yindra Velazquez Mascaro - Juror Question Follow-up by Magbanua Yindra Velazquez Mascaro Tara Kawass
17 lines

Mascaro said she rarely watched Katherine's children before the court excused her.

Highlights

3. Clariza Lebredo — Direct/Cross

Clariza Lebredo described Adelson Institute operations and answered counsel and juror questions about remote work, voice mail, and office calls.

Direct
Clariza Lebredo - Direct Clariza Lebredo Anna Norris
217 lines

Lebredo described Adelson Institute staffing and payroll practices and said Magbanua was known to her only as a patient.

Cross
Clariza Lebredo - Cross Clariza Lebredo Christopher DeCoste
24 lines

Lebredo said she did not know of any Adelson Institute employees working by phone.

Jury Questions
Clariza Lebredo - Juror Questions (Resumed) Clariza Lebredo James C. Hankinson
20 lines

Lebredo said Erika might also check voice mail, though Lebredo usually checked it first.

Jury Questions
Clariza Lebredo - Juror Question Follow-up by Garcia Clariza Lebredo Saam Zangeneh
55 lines

Lebredo described limits on access to the earlier office voice-mail system and said she did not know whether calls could be forwarded to Dr. Harvey Adelson.

4. Erika Johnson — Direct/Cross/Redirect/Recross

Erika Johnson testified about Adelson Institute records and her call to Charlie Adelson when investigators sought Katherine Magbanua's personnel file.

Direct
Erika Johnson - Direct Erika Johnson Anna Norris
351 lines

Erika Johnson described Adelson Institute operations and a recorded call with Charlie Adelson after law enforcement sought Katherine Magbanua's personnel records.

Cross
Erika Johnson - Cross Erika Johnson Saam Zangeneh
15 lines

Johnson agreed Harvey Adelson could have Adelson Institute calls forwarded to his cell phone.

Cross
Erika Johnson - Cross Erika Johnson Christopher DeCoste
71 lines

Johnson said she was unsure whether Magbanua worked at the Adelson Institute and described remote record access and cash-payment discounts.

Redirect
Erika Johnson - Redirect Erika Johnson Anna Norris
84 lines

Johnson explained why she called Charlie Adelson about requested records as the court admitted and published State's Exhibit 180.

Recross
Erika Johnson - Recross Erika Johnson Christopher DeCoste
18 lines

Johnson agreed that subpoenaed records existed and were provided within 20 days.

Jury Questions
Erika Johnson - Juror Questions Erika Johnson James C. Hankinson
17 lines

The judge excused Erika Johnson and explained that a records subpoena does not provide immunity.

5. Christopher Corbitt — Direct/Cross (Recall 1)

Christopher Corbitt's phone-record testimony continued, followed by cross-examination on the limits of the location evidence and related court rulings.

Direct
Christopher Corbitt - Direct Christopher Corbitt Anna Norris
405 lines

Corbitt mapped June and July phone, rental, and GPS records, while the court addressed defense complaints about late-disclosed demonstrative material.

Procedural
Garcia Traffic Citation Discovery Inquiry
13 lines

The court directed further research into whether the image of Garcia's traffic citation had been disclosed.

Direct
Christopher Corbitt - Direct (Recall, Part 2) Christopher Corbitt Anna Norris
439 lines

Corbitt mapped July travel, handset locations, and call activity through phone, GPS, bank, and video records, while explaining limits in the available data.

Procedural
Traffic Citation and Cell-Site Demonstrative Rulings
72 lines

The court withheld a late-disclosed traffic citation from admission and marked cell-site demonstratives as court exhibits for the record only.

Cross
Christopher Corbitt - Cross Christopher Corbitt Saam Zangeneh
168 lines

Corbitt acknowledged limits on cell-site precision and handset attribution, while agreeing Rivera's listed Miami Beach address differed from a North Miami map label.

Cross
Christopher Corbitt - Cross Christopher Corbitt Christopher DeCoste
656 lines

Corbitt acknowledged limits in the State's cell-site analysis and phone-record summaries as the defense introduced call-record exhibits and disputed several communication inferences.

Procedural
iCloud Evidence, Sequestration, and Wiretap Rulings
24 lines

The court allowed defense use of iCloud-record material, ordered an inquiry into reported sequestration violations, and explained its earlier recording ruling.

Highlights

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