Christopher Corbitt — Direct/Cross (Recall 1)
1,491 linesJUDGE HANKINSON: Call your next witness.
MS. NORRIS: The State recalls Sergeant Chris Corbitt.
MS. NORRIS: Yes. Just for the record purposes, state your name again, please.
CHRISTOPHER CORBITT: Certainly. It's Christopher Corbitt, and that's C-O-R-B-I-T-T.
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: I'm sorry, that's a change from last time. It was awake. We've been trying to get a little bit better sound, and so we put a new microphone in, and we may need to adjust the placement of it a little bit. Anyway — anyway, are y'all ready?
JUDGE HANKINSON: Is it ready?
MR. DECOSTE: Your Honor, unfortunately, can we go sidebar?
JUDGE HANKINSON: Okay.
MS. NORRIS: Are we ready?
JUDGE HANKINSON: Yes, ma'am. Have you sent them the document?
MS. NORRIS: Yes, sir, I just did.
MS. NORRIS: Can I inquire?
MS. NORRIS: If y'all have received the document.
MR. ZANGENEH: I have, and I'm refreshing my email every two seconds.
MR. DECOSTE: I have it now.
JUDGE HANKINSON: So, in Florida, we have pretty broad discovery rules. Things are supposed to be shared with the other side before they're presented, so this is a little bit last minute, but they're being shown some documents they should have been given before. Anyway, that's the slight delay. Sorry. You can proceed.
MS. NORRIS: Thank you. Sergeant Corbitt, where we left off from there last time he testified, we had discussed the location information in July of 2014 for Sigfredo Garcia and Luis Rivera. Is that about right?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: Did you do further analysis of those phone records for all the parties involved in this case? Did that provide additional information about potential prior trips to Tallahassee from Miami?
CHRISTOPHER CORBITT: Yes, it did.
MS. NORRIS: And what was that additional information?
CHRISTOPHER CORBITT: Based on Mr. Rivera's phone records, they showed that there was a trip from Miami to Tallahassee in June of 2014.
MS. NORRIS: And again, in preparation for explaining or showing the phone records that you relied on in this case, did you prepare a demonstrative showing on a map the location of the cell phone data that was introduced previously?
CHRISTOPHER CORBITT: Yes, I did.
MS. NORRIS: And would that assist the jury in visually understanding the dates and times and locations about the communication events you're going to testify about today?
CHRISTOPHER CORBITT: I believe so, yes.
MS. NORRIS: May I use the demonstrative, Judge?
JUDGE HANKINSON: You may.
MS. NORRIS: If you could start by showing us the phone records that we relied upon for your statement that there was a trip in June by Mr. Rivera's handset.
CHRISTOPHER CORBITT: Yes. Again, going back to the call detail records and that section of the records that gives us the location information.
CHRISTOPHER CORBITT: We're simply able to take those cell sites and plot those on the map to get an idea of dates and times and travel.
CHRISTOPHER CORBITT: And what we saw was that, again, looking at kind of the chronology of the cell sites that were utilized here, we can see a travel from Miami north to the Tallahassee area.
CHRISTOPHER CORBITT: Arriving in Tallahassee sometime a little after noon on June 4th.
MS. NORRIS: And are these records in blue only for Rivera?
CHRISTOPHER CORBITT: That is correct.
MS. NORRIS: As we see this path going up towards Tallahassee on June 4th, do we also see from Rivera's phone records a return trip down to Miami on another date?
CHRISTOPHER CORBITT: Yes, we do. We see that on June 5th in the afternoon we start seeing cell sites utilized that would indicate travel away from Tallahassee and south back towards the Miami area.
MS. NORRIS: Can you explain to us why it is that we do not have, or whether we do have, any records for Sigfredo Garcia for this time frame?
CHRISTOPHER CORBITT: Yes. Actually, I can't answer the question.
CHRISTOPHER CORBITT: We do not have records with location information for Mr. Garcia for this time frame.
CHRISTOPHER CORBITT: We do have records, and we are able to see some activity, things like that with a phone, but we do not have locations. And we made many, many, many requests of the phone company that powered, or that provided for, that phone number, and we were never able to obtain those records. They were in the process — it was a MetroPCS —
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: MetroPCS was in the process of being taken over by T-Mobile. We served legal demands on both companies and obtained results from both of them, and neither had that location information that we were looking for for this June trip.
MS. NORRIS: And was that a broader period of time that they didn't have any location information, or just June 4th and 5th?
CHRISTOPHER CORBITT: It was a broader period of time, yes.
MS. NORRIS: May I approach — well, may I approach, Ron?
MS. NORRIS: I'm showing you what I marked.
MS. NORRIS: Do you recognize that map?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: And does that accurately summarize the location information for Luis Rivera's handset, going from Miami to Tallahassee on June 4th, 2014?
CHRISTOPHER CORBITT: Yes, it does.
MS. NORRIS: I'm also showing you State's Exhibit 94.
MS. NORRIS: Does this map accurately reflect the location information from Luis Rivera's handset on June 5th, returning from Tallahassee, going from Tallahassee to Miami?
CHRISTOPHER CORBITT: Yes, it does.
MS. NORRIS: Your Honor, at this time, I'd offer in evidence what's been pre-noticed as a summary of the State's Exhibit.
JUDGE HANKINSON: Any objection?
JUDGE HANKINSON: Right. 93 and 94 will be admitted.
MS. NORRIS: Despite the lack of location information from Mr. Garcia's handset for this time period, did law enforcement develop any other information indicating that Mr. Rivera did not take this trip to Tallahassee alone?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: What type of information?
CHRISTOPHER CORBITT: Well, I believe there was some witness information that indicated the two were together.
JUDGE HANKINSON: We're not going into the substance what each witness said, sir.
CHRISTOPHER CORBITT: Absolutely.
MR. DECOSTE: I'd like to move for a Richardson hearing.
JUDGE HANKINSON: Move for what?
MR. DECOSTE: A Richardson hearing. In review of the documents.
JUDGE HANKINSON: What documents are you talking about?
MR. DECOSTE: The hands we were just handed.
CHRISTOPHER CORBITT: The ones that we were just handling. Yes, sir.
MR. ZANGENEH: Yes, Judge. I'm going to join in on that request.
JUDGE HANKINSON: Deny that request. Move on.
MS. NORRIS: Did you locate a rental vehicle or a rental car agreement that appeared to indicate Mr. Garcia attended this June trip?
CHRISTOPHER CORBITT: Yes, we did.
MR. ZANGENEH: Objection, Judge. Calls for speculation.
JUDGE HANKINSON: Ask your question again, and answer it for me.
CHRISTOPHER CORBITT: Yes, sir.
MS. NORRIS: Did law enforcement recover a rental agreement from Comfort Rent-a-Car from June of 2014?
JUDGE HANKINSON: I'll overrule the objection. Go ahead.
CHRISTOPHER CORBITT: Yes, we did.
MS. NORRIS: And can we look at the information in detail on that Comfort Rent-a-Car agreement?
JUDGE HANKINSON: What is the question?
MS. NORRIS: Sorry, for the record, this is in evidence as State's Exhibit 89.
MS. NORRIS: That rental agreement — was it dated on June 2nd, 2014?
CHRISTOPHER CORBITT: Yes, it was.
MS. NORRIS: And — yeah, if you could go back one. Sorry.
CHRISTOPHER CORBITT: It's okay.
MS. NORRIS: So it's for Comfort Rent-a-Car. And were you able to ascertain the location of the Comfort Rent-a-Car company based on the contract?
CHRISTOPHER CORBITT: Yes, the contract has an address and a contact number for them.
MS. NORRIS: And if you go to the next slide, does it also have the time indicating at what time it was rented?
CHRISTOPHER CORBITT: Well, we have the time that it was due in, and it was a three-day rental.
MS. NORRIS: And it was due in on June 5th, 2014, at 8:50 p.m.
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Which would have meant it was rented June 2nd at 8:50 p.m.
CHRISTOPHER CORBITT: Correct.
MS. NORRIS: Okay. Do you have the vehicle information from that contract that's in evidence?
CHRISTOPHER CORBITT: We do. It was a silver Nissan Altima.
MS. NORRIS: Now, anywhere — have you reviewed that rental contract from Comfort?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Anywhere on that contract, did Luis Rivera's name appear?
CHRISTOPHER CORBITT: It did not.
MS. NORRIS: Is there any phone evidence or communication records in this case that would shed light on how this rental vehicle was picked up from Comfort Rent-a-Car?
CHRISTOPHER CORBITT: I believe so, yes. Yes.
MS. NORRIS: And whose communication records did that information come from?
CHRISTOPHER CORBITT: Well, we looked at Ms. Magbanua's records around the time that rental would have been picked up, and her records do have location information.
CHRISTOPHER CORBITT: So we looked at those, and what possible locations her handset may have been in.
MS. NORRIS: And these records that you're showing us on the slide all come directly from the Katherine Magbanua phone records that we showed the disc of the other day, and that are in evidence in this case?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Were you able to plot those locations for the date of the rental, June 2nd, 2014, for Ms. Magbanua?
CHRISTOPHER CORBITT: We were.
MS. NORRIS: And what did it reveal?
CHRISTOPHER CORBITT: What we see, again, just looking at merely the cell sites that were communicated with, they will be consistent with some travel west and towards the area of the Comfort Rent-a-Car.
MS. NORRIS: So you have indicated up here some different times — 8:25 p.m. to the far right.
MS. NORRIS: Was that event consistent with Ms. Magbanua's residence at the time?
CHRISTOPHER CORBITT: It would be, yes.
MS. NORRIS: And then I see a red dot for 8:34. Is that another event?
CHRISTOPHER CORBITT: Yes, it is.
MS. NORRIS: Her handset is communicating with the tower consistent with Comfort Rent-a-Car?
CHRISTOPHER CORBITT: It is, yes. We look at the actual sector that was utilized versus the location of the rental car company.
MS. NORRIS: And was the time that Katherine Magbanua's handset was communicating with that tower consistent with Comfort Rent-a-Car — is that consistent with the time, the 8:50 p.m. time of the rental contract?
CHRISTOPHER CORBITT: It is, yes.
MS. NORRIS: Were you able to look at who specifically Ms. Magbanua was communicating with during this time period?
CHRISTOPHER CORBITT: Yes. Again, going back to the call detail records, it's fairly easy for us to identify known phone numbers and then simply replace those known phone numbers with names, so that it makes a little more sense for us as we're looking at stuff.
MS. NORRIS: Go back, please. I'm sorry.
MS. NORRIS: So again, these records that we're looking at here come directly from the CD in evidence of her records?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Right. And okay, so were you able to make it a little more readable for the jury?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: And can you show us that demonstratively?
MS. NORRIS: What timeframe of events are we looking at here?
CHRISTOPHER CORBITT: Again, we're still looking in this 8:25 p.m. to 10:01 p.m. timeframe for any activity that was in the records.
MS. NORRIS: One of the previous location slides showed Ms. Magbanua's handset — excuse me — leaving the area of her residence around 8:25 and getting to the Comfort Rental area around 8:53 p.m. During that time, so 8:25 to 8:54, were there any communications between Katherine Magbanua and Sigfredo Garcia?
CHRISTOPHER CORBITT: There was, just at the 10 o'clock timeframe.
MS. NORRIS: That's not the timeframe.
CHRISTOPHER CORBITT: Yeah. Yes, I'm sorry. If you're asking specifically during the travel time, no.
MS. NORRIS: No. Would that be consistent with them being together?
CHRISTOPHER CORBITT: It could be.
MR. DECOSTE: Objection. Speculation.
JUDGE HANKINSON: Sustained.
MS. NORRIS: Was one of the events that Katherine Magbanua had on her phone during the time period consistent with Comfort Rent-a-Car a communication with Charlie Adelson?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Which one?
CHRISTOPHER CORBITT: The 9:17 call. It's a little over 25-minute phone call.
MS. NORRIS: Wait — is there one before that?
CHRISTOPHER CORBITT: Oh, I'm sorry. The 8:57 is Mr. Adelson attempting to reach Ms. Magbanua.
MS. NORRIS: Yes. Okay. And then is there another phone call involving Mr. Adelson?
CHRISTOPHER CORBITT: Yes, at 9:17.
MS. NORRIS: And how long was that call?
CHRISTOPHER CORBITT: Just over 25 minutes.
MS. NORRIS: Do you have location — do you have location information for the event with Charlie Adelson, for the 25-minute phone call?
CHRISTOPHER CORBITT: We do.
MS. NORRIS: And what does it show? Can you show us a demonstrative of that on the map?
CHRISTOPHER CORBITT: Yes. And these are the remainder of the events in the records that have locations, and again, will be consistent with travel back towards the east.
MS. NORRIS: So while traveling east, that's when we have her on her handset communicating with Charlie Adelson?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: We've just looked at Ms. Magbanua's whereabouts. Where, during this time frame of the Comfort rental, was Luis Rivera?
CHRISTOPHER CORBITT: For the events that we have in this time frame, he is communicating with two cell sites that are in close proximity to his residence.
MS. NORRIS: The cell sites that Mr. Rivera's handset is communicating with during the time frame of the rental car — is that consistent with Comfort Rental?
CHRISTOPHER CORBITT: It is not.
MS. NORRIS: Was law enforcement able to gather any other evidence tending to show who rented the June 2nd, 2014 vehicle?
MR. DECOSTE: Your Honor, what's contained in the next two slides — that is what we are moving for Richardson hearing for. If we can approach sidebar.
MS. NORRIS: Can you take me back to where we last were with the location of Rivera's handset. Can you skip the next two slides and go to the next rental agreement from Comfort Rent-a-Car, showing that contract? We discussed the June 2nd rental. Did law enforcement also get another rental agreement from Comfort Rent-a-Car?
CHRISTOPHER CORBITT: Yes, we did.
MS. NORRIS: And what was the date on that rental?
CHRISTOPHER CORBITT: The date out for that was June 3rd.
MS. NORRIS: And the — and it was a different vehicle indicated than the one from June 2nd?
CHRISTOPHER CORBITT: That's correct. The Nissan Altima was replaced with a Hyundai —
MR. ZANGENEH: Objection, Judge — making a legal conclusion that the car was replaced. There's no evidence.
JUDGE HANKINSON: We're not going to get into speaking objections, Mr. Zangeneh. I overrule the objection.
MS. NORRIS: And on that June 3rd contract for the Hyundai Sonata, was Mr. Rivera's name anywhere on that contract, if you've reviewed it?
CHRISTOPHER CORBITT: It was not.
MS. NORRIS: Tell me a little more about the travel based on Mr. Rivera's phone records on June 4th, 2014.
MS. NORRIS: If you could show me a map of that.
CHRISTOPHER CORBITT: Again, we see the use of cell sites that will be consistent with travel from Miami towards Tallahassee.
MS. NORRIS: And did law enforcement discover a traffic citation that was issued to Mr. — or to anyone in this case?
CHRISTOPHER CORBITT: Yes.
JUDGE HANKINSON: That's what we were skipping over.
MS. NORRIS: This is different, Judge.
JUDGE HANKINSON: Oh, this is the one in Gainesville?
CHRISTOPHER CORBITT: Yes, sir.
MS. NORRIS: Okay. And this traffic citation was on what date?
CHRISTOPHER CORBITT: This traffic citation was issued June 4th at 9:12 a.m.
MS. NORRIS: To Mr. Rivera?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: And did that ticket provide location information that you could use to compare with the location of Mr. Rivera's handset traveling from Miami to Tallahassee?
CHRISTOPHER CORBITT: It did. The citation indicates it was issued on I-75 northbound at the 374 mile marker.
MS. NORRIS: Can you show us where that lays in the path of travel?
CHRISTOPHER CORBITT: I can.
MS. NORRIS: Do you have a — oh, you did the close-up. Thank you.
MS. NORRIS: Okay. And then can you show us where that traffic citation was issued in relation to the remainder of the trip up to Tallahassee?
MS. NORRIS: Where did —
JUDGE HANKINSON: Has he answered the question?
MS. NORRIS: I'm sorry.
CHRISTOPHER CORBITT: Yes. Here again, we see the location of the traffic citation, and the time that it was issued falls in between cell sites that were utilized. So chronologically it fits in there, and then we see the continued travel to Tallahassee.
MS. NORRIS: Once the handset makes its way to Tallahassee, can you tell, based on the location information from the records in evidence, where it goes?
CHRISTOPHER CORBITT: The handset communicates, or has a lot of events that are communicating, with a cell site that will be consistent with the Budget Inn.
MS. NORRIS: And do you have a time of arrival in Tallahassee based on the data?
CHRISTOPHER CORBITT: I believe that first use of that cell site was about 12:38 p.m. on the 4th.
MS. NORRIS: What, if anything, did the phone records tell you about this handset's activities upon arrival in Tallahassee at the Budget Inn?
CHRISTOPHER CORBITT: Only that it spent a significant amount of time there relative to the time it was here in town.
MS. NORRIS: And why do you say you can tell that it spent a significant amount of time at the Budget Inn? Why is that?
JUDGE HANKINSON: That's overstating what he said, Ms. Norris. Let's not mistake what an expert is saying, please.
MS. NORRIS: What did you learn about the handset in relation to the Budget Inn?
CHRISTOPHER CORBITT: In the timeframe between the 12:38 p.m. event on June 4th and 11:20 a.m. on June 5th, there were a number of events — over 180 events — that communicated with this cell site, and again, that will be consistent with servicing the Budget Inn. There were other events and other activities, but there were a significant number here on this particular cell site.
MS. NORRIS: Was there any other information you had to indicate the location? We —
CHRISTOPHER CORBITT: We did. The Comfort Rent-a-Car vehicle was equipped with a tracking device that provided location information on a periodic basis, and that location information for the morning of June 5th shows it consistent with the parking lot of the Budget Inn.
MS. NORRIS: Is there any activity with Mr. Rivera's handset nearby, or anywhere near 2116 Trescott Drive, Dan Markel's residence?
CHRISTOPHER CORBITT: Yes, we did see events in the afternoon, beginning at about 12:30, a little after 12:30, that went through 3:25, that were communicating with a cell site and sector that would be consistent with the area around Mr. Markel's residence.
MS. NORRIS: Any additional evidence other than phone records that are consistent with the Trescott Drive address?
CHRISTOPHER CORBITT: Yes. Again, we had the rental GPS location, which is also consistent with that area, and we can see that that area is actually a park here.
MS. NORRIS: Is that Winthrop Park?
CHRISTOPHER CORBITT: I believe it is, yes.
MS. NORRIS: Now, did — from Mr. Rivera's records, could you tell whether — or strike that.
MS. NORRIS: Were there any communications around this time, meaning 3:17, 3:20 p.m., with either Sigfredo Garcia or Luis Rivera and Comfort Rent-a-Car?
CHRISTOPHER CORBITT: There was, yes. And again, not having location information for Mr. Garcia's records, we still were able to see events. We see that there was an incoming phone call at 3:24 from Comfort Rent-a-Car.
MS. NORRIS: And this line item here is directly from Mr. Garcia's phone records, which are in evidence?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: After the call — did that call appear to connect, or do you know the answer?
CHRISTOPHER CORBITT: 21 seconds.
CHRISTOPHER CORBITT: It's difficult to say for sure if it connected or what kind of communication there was for such a short call.
MS. NORRIS: After that phone call, what do Mr. Rivera's records indicate about his handset's movements?
CHRISTOPHER CORBITT: Well, shortly thereafter we have the 3:25 event that was still consistent with Trescott Drive, and then our next events are showing travel away from Tallahassee and back towards Miami.
MS. NORRIS: Did you get, for this trip back down to Miami, any more of that GPS information from Comfort?
CHRISTOPHER CORBITT: We did. There was an additional location at 5:38 p.m., and again it falls in chronologically with our cell site usage.
MS. NORRIS: And then what time does Rivera's handset arrive back in Miami?
CHRISTOPHER CORBITT: They reach the Miami area just after midnight. I'm sorry, it would have been the morning of June 6th.
MS. NORRIS: Were there any records of communication between Katherine Magbanua and Sigfredo Garcia during this time frame, July 4 through July 6, 2014? Communication between people, versus —
CHRISTOPHER CORBITT: Yes, sir.
MS. NORRIS: Were there — was there any communications between Katherine Magbanua's handset and Sigfredo Garcia's handset during the time period?
CHRISTOPHER CORBITT: Yes, there was.
MS. NORRIS: And once — did you examine the phone records for any locations of interest in Miami upon the return on June 6th, 2014?
CHRISTOPHER CORBITT: Yes. Again, for the morning of June 6th, we had the rental location, or the location for the rental vehicle, and we see that that is in relatively close proximity to Ms. Magbanua's residence.
MS. NORRIS: And the GPS is the green and the residence is yellow?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Do you know, at the time that the GPS is pinging on June 6th at 8:48 a.m., where Mr. Rivera's handset is located?
CHRISTOPHER CORBITT: We only have events at 7:30 and 9:43, so not exactly in the time frame of that GPS location, but both of those events are consistent with his residence.
MR. DECOSTE: Objection. Misleading the jury as to Rivera's residence.
JUDGE HANKINSON: Overruled.
MS. NORRIS: The rental car on June 6th pings around 9 a.m. Later on that same day, were we able to examine the communication records for Katherine Magbanua's handset the evening after the GPS shows the vehicle?
JUDGE HANKINSON: I can't believe it, Ms. Norris. Let's ask a simple question, please.
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: Somebody might understand.
MS. NORRIS: Did you examine Katherine Magbanua's phone records the evening of June 6th?
CHRISTOPHER CORBITT: Yes, I did. Again, just looking at the cell sites that were utilized and the times, they would be consistent with travel towards the area where Comfort Rent-a-Car was located. This would be beginning about 4:30 in the afternoon.
MS. NORRIS: And then do you have a close-up of the events consistent with Comfort Rent-a-Car for Katherine's handset?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: During this 5:15, 5:20 time period, do we have location information for Luis Rivera's handset?
CHRISTOPHER CORBITT: We do.
MS. NORRIS: And what does it demonstrate?
CHRISTOPHER CORBITT: Again, communication with a cell site that is not in close proximity to the Comfort Rent-a-Car.
MR. DECOSTE: Same objection, Your Honor, as to what Rivera's residence is.
JUDGE HANKINSON: Overruled.
MS. NORRIS: What is the next significant phone event that we have chronologically in this case after this June trip?
CHRISTOPHER CORBITT: Well, chronologically, we have the phone call to Harvey Adelson. That was one of the things we identified from the comparison to the tower dump records — that was the tower dump.
MS. NORRIS: And if I recall, the significance was that that was the one call between Sigfredo Garcia and any of the Adelsons.
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Is there any indication that this July 1, 2014 call was forwarded — from July 1 —
CHRISTOPHER CORBITT: Yes, sir, this is the afternoon of July 1st of 2014.
CHRISTOPHER CORBITT: At 5:20.
MS. NORRIS: Is there any indication, based on the records, that that attempted phone call was forwarded from the Adelson Institute to Harvey Adelson's cellular phone?
CHRISTOPHER CORBITT: There is not, in the records. What we see here — this is from Mr. Adelson's raw call detail records, and there's really three events that comprise this one phone call. And what we see initially, and hopefully you all can see, this is Mr. Garcia's number incoming to Mr. Adelson. This indicates here that it is a non-AT&T cell phone calling an AT&T cell phone. That's what the little M to the big M is.
CHRISTOPHER CORBITT: And then the VMC indicates voicemail — that that call was routed to voicemail, Mr. Adelson's voicemail. The next two events are showing that routing to the voicemail. So I have no indication that that call came from any place other than Mr. Garcia's handset.
MS. NORRIS: Do the phone records we've been discussing for Mr. Garcia and Mr. Rivera indicate a possible second trip of these two handsets?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: And when did that —
MR. ZANGENEH: Judge, I'm going to object to classification of two headsets.
JUDGE HANKINSON: If we don't quit doing speaking objections...
MR. ZANGENEH: The State is misstating the facts.
JUDGE HANKINSON: Overruled.
MS. NORRIS: Could you answer it?
JUDGE HANKINSON: In legalese, when an attorney makes an objection, what they're supposed to do is state a legal objection to the question, not make an argument in front of the jury. That's not appropriate — to make their argument in front of the jury. That's what I'm talking about. We're not supposed to have speaking objections. So you understand what's going on.
MS. NORRIS: I'm going to repeat my last question. Did you find evidence of the handsets going from Miami to Tallahassee again?
CHRISTOPHER CORBITT: Yes, we did.
MS. NORRIS: During what time period?
CHRISTOPHER CORBITT: That was leaving Miami June 16th and returning the evening of the 18th.
MS. NORRIS: Now, what records were these? What was that based on? Did you say June?
CHRISTOPHER CORBITT: I believe that I did. What I was just thinking — I certainly meant July.
MS. NORRIS: Whose records was that based on?
CHRISTOPHER CORBITT: Those were based on both Mr. Rivera's and Mr. Garcia's records.
MS. NORRIS: So now do they have location information for July of 2014 for Mr. Garcia's handset?
CHRISTOPHER CORBITT: We do, yes.
MS. NORRIS: Other than the phone records, was law enforcement able to gather other pieces of evidence to corroborate the second trip in July?
CHRISTOPHER CORBITT: Yes, there were other things. Again, rental contract, witnesses, GPS vehicle location information — other pieces of evidence that we used to compare with the cell phone records to see how those aligned.
MS. NORRIS: You mentioned a rental car. Was another vehicle rented?
CHRISTOPHER CORBITT: Yes. Yes.
MS. NORRIS: Is there anything that you were prompted to do based on your knowledge of the July car rental?
CHRISTOPHER CORBITT: Well, of course, how the vehicle was rented is a question — who contacted the rental company, who picked up the rental car. So in looking at the records for that morning that the vehicle was actually rented, we saw in Mr. Garcia's records that fairly early on, at nine o'clock in the morning, he makes an outgoing call to the Comfort Rent-a-Car, which was the rental company from the June trip. We see later on in the afternoon there's a call to the Hybrid or Save Gas, and that was the rental company that the second vehicle was ultimately rented from.
MS. NORRIS: Knowing that this vehicle was rented from Hybrid, did that prompt you to look at different communication records as to what led up to the rental?
CHRISTOPHER CORBITT: We did. And you can see some of the events here prior to the call — the first call to the rental company — but we also looked back to the previous evening to see what communications there were between any of our involved parties.
MS. NORRIS: So these are the records from July 14th up until the early morning hours of July 15th.
CHRISTOPHER CORBITT: That's correct. They run the late evening hours of the 14th into the early morning of the 15th.
MS. NORRIS: And what date was the second car rented?
CHRISTOPHER CORBITT: It was rented on the 15th.
MS. NORRIS: Do we have any information, based on Charlie Adelson's phone records and other evidence of this case, about Charlie Adelson's activities this evening of July 14th?
CHRISTOPHER CORBITT: Yes. I believe that he and Ms. Magbanua —
MR. DECOSTE: Objection. Speculation.
JUDGE HANKINSON: Overruled.
JUDGE HANKINSON: You can answer.
CHRISTOPHER CORBITT: I did — I believe that they met that evening. The location information for Mr. Adelson's handset, as well as communication from his iCloud account, was consistent with going to dinner that evening.
MS. NORRIS: And your Does the location information for Charlie Adelson also show — strike that. Excuse me. Do Charlie Adelson's phone records show him at his residence and then going to Ms. Magbanua's residence — or his handset?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: And based on Charlie Adelson's records, where does he appear to be by 1 a.m. on July 15, 2014?
CHRISTOPHER CORBITT: He has departed the area of Ms. Magbanua's residence.
MS. NORRIS: For these events on July 15th at 12:48 a.m., going through the last event that's shown here at 1:56 a.m., where's the location of her handset?
CHRISTOPHER CORBITT: Her handset at this time frame would be consistent with her residence.
MS. NORRIS: This 1:56 a.m. call: who is that between, and in which direction?
CHRISTOPHER CORBITT: That is Ms. Magbanua calling Mr. Garcia.
MS. NORRIS: What's the duration of that call?
CHRISTOPHER CORBITT: Two minutes and 30 seconds.
MS. NORRIS: And then can you show us the next slide with Mr. Garcia's call record, but the 9:09 a.m. call to Comfort. The next rental car call was at what time?
CHRISTOPHER CORBITT: It was at 4:28 p.m.
MS. NORRIS: After —
CHRISTOPHER CORBITT: ...the call from Mr. Garcia to Save Gas.
MS. NORRIS: How would you describe the frequency of communication between Sigfredo Garcia and Luis Rivera?
CHRISTOPHER CORBITT: They did exchange at least a few communications, either voice calls or text messages, both before and after.
MS. NORRIS: And then did we have any evidence of that Hybrid rental for this July trip?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Based on that rental agreement, were you able to ascertain the location of the Hybrid rental car company?
CHRISTOPHER CORBITT: Yes. Hybrid Rental Car has a Biscayne Boulevard address, which we'll see in just a second.
MS. NORRIS: Next, did you find a number associated with Sigfredo Garcia on the contract rented by Mr. Rivera?
CHRISTOPHER CORBITT: Yes. At the top of the contract, written in, is the indication of "brother," and that is Mr. Garcia's number.
MS. NORRIS: And the type of vehicle rented — that's also directly from the Hybrid rental agreement?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Were you able to put the location of the Hybrid rental company on a map so that we can see the locations of Mr. Garcia and Mr. Rivera respectively during the time frame of the rental?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: And what does it show?
CHRISTOPHER CORBITT: We see that at the approximate time of the car rental, both handsets are communicating with cell sites and sectors that, again, will be consistent with servicing the rental car agency.
MS. NORRIS: I want to ask you about Ms. Magbanua's call activity after this rental time period.
MS. NORRIS: At the time the Prius is being rented from Save Gas, who is Katherine Magbanua's handset communicating with?
CHRISTOPHER CORBITT: Well, just after the rental, 6:29, there was a call from Mr. Adelson. And this summary here is just the communications between Ms. Magbanua, Mr. Garcia, and Mr. Adelson for this particular summary.
MS. NORRIS: Mr. Adelson — Charlie Adelson?
MS. NORRIS: So from the exact raw records, you've just narrowed it down — excerpts from those records; is that right?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: We see some communications here between Ms. Magbanua and Mr. Garcia. Does there come a time where those communications cease?
CHRISTOPHER CORBITT: They do. The 9:30 call from Mr. Garcia — it concludes that back-and-forth calling for these two handsets that evening.
MS. NORRIS: And what we're looking at here is an approximately three-hour period?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Of call activity?
JUDGE HANKINSON: Let's take a short break. We'll take ten minutes.
JUDGE HANKINSON: So have we figured out the discovery status of the ticket? Is there — let's give it a number — is there a number for this asserted new traffic ticket?
MS. NORRIS: The exhibit number?
JUDGE HANKINSON: Yes.
MS. NORRIS: 122.
JUDGE HANKINSON: Okay. So have we decided where we stand on discovery?
MS. NORRIS: Your Honor, my understanding — we did provide the DHSMV certified records for Mr. Garcia in this case, which included this citation number, A20B-1NE.
MS. NORRIS: The actual UTC picture itself, I do not believe, was discovered — or we can't find it.
JUDGE HANKINSON: So when did we provide that driving record?
MS. NORRIS: June 11th of 2019.
JUDGE HANKINSON: '19.
JUDGE HANKINSON: But it did not include the ticket in the State's Exhibit 122.
JUDGE HANKINSON: If... If Ms. Cappleman did the discovery, why don't we hear from Ms. Cappleman instead of her? What have you missed?
MS. CAPPLEMAN: I don't really know all the answers to Your Honor's questions yet, but the discovery —
JUDGE HANKINSON: We'll let you continue researching.
Missing audio of resumption of Corbitt's direct.
MS. NORRIS: Did you also have access to the Spirian GPS location information for the Prius rental car?
CHRISTOPHER CORBITT: Yes, we did.
MS. NORRIS: Based on the GPS for the Prius, where does the Prius appear to be during the same time frame we've been discussing?
CHRISTOPHER CORBITT: We do have a location for the Prius at 10:25 p.m. here on the evening of the 15th, and it would appear to be in the parking lot of Ms. Magbanua's residence.
MS. NORRIS: I want to now turn to July 16th of 2014. What do Mr. Garcia's phone records and Mr.... Rivera's phone records tell us about the movements of their handsets?
CHRISTOPHER CORBITT: Well, looking at both handsets — Mr. Garcia's being in orange and Mr. Rivera's being in blue — we again see the use of cell sites in kind of a chronological order here that would be consistent with travel leaving Miami.
MS. NORRIS: And that begins at what time on the 16th?
CHRISTOPHER CORBITT: It begins just after noon.
MS. NORRIS: Did you also have access to the SunPass toll records, or transponder records, in this case?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: And did you gather any information from the SunPass toll records?
CHRISTOPHER CORBITT: Yes. There was a westbound toll transaction at 2:18 p.m. And again, looking at the cell sites in use and the times, that would be consistent with traveling through the toll plaza at that time.
MS. NORRIS: Can you show an overview of the remaining direction of travel after passing through that SunPass toll booth?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Okay, walk us through that, please.
CHRISTOPHER CORBITT: So again, travel continues west, as we saw previously, north along the 75 corridor, and into Tallahassee.
MS. NORRIS: For this trip, beginning in Miami and heading to Tallahassee, do we have any additional GPS information for the Prius rental car?
CHRISTOPHER CORBITT: Yes, we have another location at 11:26 p.m., and again, looking at the cell sites and the time and the GPS location, they would appear consistent.
MS. NORRIS: You can't trickle it off — I mean, it's 11:26 p.m., right?
CHRISTOPHER CORBITT: Yes, sir. The rental location was at 11:26 p.m., the evening of the 16th, and comparing that to the cell site locations and times, that GPS location will be consistent with the travel of the handsets.
MS. NORRIS: And what highway or interstate is that GPS ping located on?
CHRISTOPHER CORBITT: The GPS ping is located on ITAM.
MS. NORRIS: Can you tell from the records what time these two handsets arrive in Tallahassee?
CHRISTOPHER CORBITT: Just after midnight the morning of the 17th.
MS. NORRIS: Is there any particular location that the handsets appear to be consistent with upon their arrival in Tallahassee around 1 a.m. on July 17th?
CHRISTOPHER CORBITT: Again, as before, Mr. Rivera's handset is communicating with the cell site that will be consistent with servicing the area of the Budget Inn.
MS. NORRIS: Did law enforcement in this case gather any evidence from the Budget Inn?
CHRISTOPHER CORBITT: We did, yes.
MS. NORRIS: And what was that?
CHRISTOPHER CORBITT: That was an actual registration for a hotel room.
MS. NORRIS: Now, that Budget Inn location that the handsets are consistent with upon arrival in Tallahassee — is that the same Budget Inn we discussed from Mr. Rivera's phone records in June 2014?
CHRISTOPHER CORBITT: Yes, it is.
MS. NORRIS: So now let's talk about July 17th, 2014.
MS. NORRIS: What day was this in relation to Mr. Markel's murder?
CHRISTOPHER CORBITT: The day before.
MS. NORRIS: And do either Garcia or Rivera have any events the morning of July 17th, 2014?
CHRISTOPHER CORBITT: Yes, Mr. Rivera's handset has more events.
CHRISTOPHER CORBITT: And the events in that morning are again consistent with the Budget Inn.
MS. NORRIS: Are there any time periods on July 17th, 2014, that either Mr. Garcia's or Mr. Rivera's — God bless you — handsets are consistent with Dan Markel's residence on Trescott Drive?
CHRISTOPHER CORBITT: Yes. Again, looking at the cell site and sector that would service the area of his residence, we see that Mr. Rivera has events at 11:47, 11:58 timeframe, and then again a couple of hours later.
MS. NORRIS: Does Mr. Garcia have any events consistent with Trescott Drive?
CHRISTOPHER CORBITT: Yes, and in this time frame, we see Mr. Rivera's events, 2:30, 2:45. Mr. Garcia has an event at 2:30.
CHRISTOPHER CORBITT: Again, communicating with the cell site sector — not the same one, as they're different carriers — but both of those cell sites are located pretty close together.
MS. NORRIS: Do you know where the handsets appear to go later on that evening, the evening of July 17th, 2014?
CHRISTOPHER CORBITT: Well, we see a number of events that would be consistent with North Monroe Street here in Tallahassee.
MS. NORRIS: Did you just say North Monroe Street, Tallahassee?
CHRISTOPHER CORBITT: I did.
MS. NORRIS: Any specific motel or hotel?
CHRISTOPHER CORBITT: Yes. We also had a ledger from the Rodeway Inn that provided some information on where they may have been staying that evening.
MS. NORRIS: Are you familiar with Luis Rivera's statement that while he and Mr. Garcia were on Trescott on July 17, 2014, that Mr. Garcia had pointed out a woman to him that he claimed was Wendi Adelson?
CHRISTOPHER CORBITT: I am familiar with that, yes.
MS. NORRIS: Did you review Wendi Adelson's phone records and the location information for her events to determine if it's possible her phone was at that location at that time?
CHRISTOPHER CORBITT: I did, yes.
MS. NORRIS: And is it possible?
CHRISTOPHER CORBITT: Possible. I would say unlikely, but possible. She is returning from the area of her work and traveling to her home, and she does travel that way.
CHRISTOPHER CORBITT: The timing would be awfully tight.
MS. NORRIS: Are there any records of communications between Katherine Magbanua's handset and Sigfredo Garcia's handset the day before the murder, this day on July 17th, 2014?
CHRISTOPHER CORBITT: Yes, there are.
MS. NORRIS: And now I want to move to July 18th, 2014.
MS. NORRIS: This is the murder day, right?
MS. NORRIS: Where do Mr. Garcia and Mr. Rivera's handsets appear to be the morning of July 18th?
CHRISTOPHER CORBITT: Uh, Mr. Garcia's handset doesn't have locations until a little later on in the morning, but Mr. Rivera's first events are again consistent with the Rodeway Inn. Then —
MS. NORRIS: Do we have any other evidence of the location of the Prius on that morning?
CHRISTOPHER CORBITT: We do. From the surveillance video, we see the approximate arrival time of the Prius to Premier Health and Fitness at around 9:16 a.m. that morning.
MS. NORRIS: And these are from the videos from Premier Gym that were introduced in evidence in this case?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: So on this slide, what are you demonstrating?
CHRISTOPHER CORBITT: Again, just the arrival time of the Prius to the area of Premier Health and Fitness.
MS. NORRIS: At 9:16 a.m., is that correct?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Are Mr. Garcia and Mr. Rivera's handsets consistent with the tower which services the Premier Gym on the 18th of July 2014?
CHRISTOPHER CORBITT: Yes, and again this is the same information that we received initially from the tower dump and looked at, and those handsets are communicating with the cell sites and sectors that would be consistent with Premier at around the time the Prius rental is there.
MS. NORRIS: Any information about what time the Prius may have left Premier Gym?
CHRISTOPHER CORBITT: Again, from the video we can see the time that Mr. Markel departs, 10:38 a.m. The Prius departs immediately after, again 10:38 a.m.
MS. NORRIS: Are you aware of bus video surveillance in this case?
CHRISTOPHER CORBITT: I am, yes.
MS. NORRIS: So after the — and to your knowledge, did that bus video surveillance video come before or after this 10:38 departure from Premier Gym on July —
JUDGE HANKINSON: Let's not go over things we've already gone over, Ms. Norris.
MS. NORRIS: Yes.
CHRISTOPHER CORBITT: Honestly, can't remember for sure everything that has been gone over, but some of this has certainly been covered.
MS. NORRIS: Yes, sir.
MS. NORRIS: What is the last event for Sigfredo Garcia that we have with location information on July 18th after this 10:30 a.m. photograph?
CHRISTOPHER CORBITT: I'm sorry, the last event? So we have events here, 9:36 and 9:58. We don't have location information again until just after 12:30, and it's sporadic throughout the evening, into the evening hours of the 18th. The next event that we have — and we look into the phone records — we see is, we have a couple of incoming notifications and outgoing notifications here, and then an outgoing call to Ms. Magbanua, and that is the first call from that handset.
MS. NORRIS: Did that call connect?
CHRISTOPHER CORBITT: It did.
MS. NORRIS: And is there any indication it went to voicemail?
CHRISTOPHER CORBITT: There is no indication it went to voicemail. In looking at Ms. Magbanua's records, there's no indication there that the call was routed to voicemail.
CHRISTOPHER CORBITT: Relatively short duration, but no indicators of voicemail.
MS. NORRIS: And do the phone records indicate anything about the status of the phone from that last event to the 12:30 call to Ms. Magbanua?
CHRISTOPHER CORBITT: We see two events that come in just after 12 that T-Mobile tells us were call forwarded. Those were routed to voicemail. They were not answered. They do not have location information, so it would be consistent with a number of scenarios, but ultimately the handset was unreachable — appeared to be unreachable in that time frame.
MS. NORRIS: Could that be because it was powered down?
CHRISTOPHER CORBITT: It could be, yes.
MS. NORRIS: Where was the location of that 12 — where was the location of Mr. Garcia's handset at the time of that 12:30 call?
CHRISTOPHER CORBITT: The 12:30 call occurs while consistently traveling in the Alachua County area.
MS. NORRIS: Did you compare the number of communication events for these two handsets going from Miami to Tallahassee compared to going Tallahassee down to Miami?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: And was there a difference between the frequency of communication?
CHRISTOPHER CORBITT: There was, and while I did not look at the exact numbers of communication, it was relatively easy to see just in looking at the number of cell sites there were fewer communications on the return trip than there were on the trip up.
MS. NORRIS: Did you have any additional toll information to show us where on the trip back to Miami the toll records were?
CHRISTOPHER CORBITT: Yes, again, there was a toll transaction at 5:23 p.m., eastbound in this case. And looking at the cell sites utilized, even though there are not as many, it would still be consistent with passing through the toll plaza at about that time.
MS. NORRIS: Was there any evidence in this case of any activities of Mr. Garcia or Mr. Rivera upon return to Miami?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Your Honor, at this time I'd offer into evidence what I've marked for identification as State's Exhibit 144.
MS. NORRIS: These are the bank records for Mr. Luis Rivera with a certified business record certification of authenticity.
JUDGE HANKINSON: Any objections?
MS. NORRIS: Can you show us the excerpts from Mr. Rivera's banking records which shed insight into his activities upon arrival back in Miami on July 18th?
CHRISTOPHER CORBITT: Yes, there were a number of transactions.
CHRISTOPHER CORBITT: The one in particular that — or two in particular, one primarily — that was of interest was an ATM withdrawal with the Pines Boulevard, Pembroke Pines address, and again that was a location that we would want to compare with the phone records to see if it was consistent.
MS. NORRIS: And these are also contained in the CD of Mr. Rivera's bank records, is that right?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: The highlighted ATM withdrawal — is that the one at Pembroke Pines in Miami?
CHRISTOPHER CORBITT: It is, yes.
MS. NORRIS: The one document gives us the address of the transaction and this one gives us the time, so that we have something to compare with the phone records. Is there, based on the bank records, a debit card use out of Big Daddy's on that date?
CHRISTOPHER CORBITT: Yes, there is.
MS. NORRIS: At what time?
CHRISTOPHER CORBITT: 9:15 p.m.
MS. NORRIS: Based on the information from the bank records, were you able to determine — obviously you said the address — could you put that address on a map to see where the handsets were in relation to that particular ATM machine?
CHRISTOPHER CORBITT: Yes. Again, comparing any known locations and times that we have with the phone records, we can see that the Chase ATM is located here. It would be consistent with the path of travel for the handsets.
CHRISTOPHER CORBITT: And if we look in more detail at the sectors being utilized, again, it would be consistent with the handsets being at or near the bank.
MS. NORRIS: And not a rehash, but is this the ATM from which we received the following three photographs that are already in evidence?
CHRISTOPHER CORBITT: It is, yes.
MS. NORRIS: What do the handsets tell us about their location after this ATM transaction?
CHRISTOPHER CORBITT: In essence, after the ATM transactions, they return to the area around Mr. Rivera's residence.
MS. NORRIS: May — May I approach, Your Honor?
JUDGE HANKINSON: You may.
MS. NORRIS: I'm showing you what I've marked for identification as State's Exhibit 95.
MS. NORRIS: Do you recognize that map?
CHRISTOPHER CORBITT: I do, yes.
MS. NORRIS: And does that map accurately summarize the handsets' movements from Miami to Tallahassee in July 2014, on the dates we've been discussing?
CHRISTOPHER CORBITT: It does, yes.
MS. NORRIS: I'm also showing you State's Exhibit 96 for identification. Do you recognize that map?
CHRISTOPHER CORBITT: I do, yes.
MS. NORRIS: And does that map accurately summarize the communications for these two handsets going from Tallahassee back to Miami in July 2014?
CHRISTOPHER CORBITT: It does.
MS. NORRIS: All right, at this time I'd offer in evidence State's Exhibits 95 and 96, pursuant to our notice and summary.
JUDGE HANKINSON: Any objection?
JUDGE HANKINSON: 95 and 96 will be admitted.
MS. NORRIS: Now.
MS. NORRIS: I want to expand our testimony. You were talking about mostly Mr. Garcia, Mr. Rivera, and sometimes Ms. Magbanua's handsets. Did you also look at activity amongst other people in this case?
CHRISTOPHER CORBITT: We did, yes.
MS. NORRIS: And did you look at that particular activity the night before the murder, through the murder, to the day after?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: I've got one moment.
MS. NORRIS: Before we go into that — is there ever a time that Katherine Magbanua's handset calls the number 305-934-6615 in July of 2014?
CHRISTOPHER CORBITT: Yes, there is.
MS. NORRIS: And on what date does she call that 305 number?
CHRISTOPHER CORBITT: I believe it's the evening of the 17th.
MS. NORRIS: So the night before the murder?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Is there any other time that Katherine Magbanua's handset calls that particular phone number, 305-934-6615, in June of 2014?
MS. NORRIS: And do you recall exactly on what date?
CHRISTOPHER CORBITT: I believe June 4th. I can actually pull that up if I need to be specific on times.
MS. NORRIS: You believe it's June 4th?
CHRISTOPHER CORBITT: I believe.
MS. NORRIS: Okay. Does this slide up here show us, from the call records themselves, the communications amongst the parties of interest?
CHRISTOPHER CORBITT: It does, yes.
MS. NORRIS: And this is from July 18th at approximately 12 or 1 a.m. until — June 4th — July 18th at 12:30 p.m.?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: And can you remind the jury — I think you previously testified about this — but from this 12 a.m. to 12:23, or your 12 a.m. time period, I didn't say that right, the 12:01, 12:07 time period, where are Rivera's and Garcia's handsets located?
CHRISTOPHER CORBITT: In this time frame, they would have been consistent with the Rodeway Inn, the motel on North Monroe Street.
MS. NORRIS: And that's the motel they stayed at on the second night?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Okay. So at 12:01, can you just walk me through the communications here?
CHRISTOPHER CORBITT: Yes, I can. At 12:01 we see a call from Ms. Magbanua to Mr. Garcia, a minute and 12 seconds. Mr. Adelson calls Ms. Magbanua at 12:07 a.m., three minutes and 42 seconds. And there's another call from Ms. Magbanua to Mr. Adelson, 12:34, 1:02 a.m. There's an attempted call from Charlie Adelson to his mother, Donna Adelson.
CHRISTOPHER CORBITT: No duration for that call.
CHRISTOPHER CORBITT: 1:03, he calls Ms. Magbanua for over 20 minutes.
MS. NORRIS: And that's the conclusion of the calls for the evening of the 18th, even though it's technically the evening of the 17th.
CHRISTOPHER CORBITT: It's technically the morning hours.
MS. NORRIS: Yes.
CHRISTOPHER CORBITT: Yes, we began after midnight, the morning of the 18th.
MS. NORRIS: So what is the next call we have, at 8 or 9 a.m.?
CHRISTOPHER CORBITT: That would be Wendi Adelson calling her mother, Donna Adelson.
MS. NORRIS: And then go on, please.
CHRISTOPHER CORBITT: There's, at 9:12, Charlie Adelson calls Wendi Adelson.
CHRISTOPHER CORBITT: At 9:19, Wendi Adelson calls Charlie Adelson — it's an 18-minute phone call. 9:38, Charlie Adelson calls Donna Adelson, 30-second duration.
MS. NORRIS: Let me interrupt you briefly.
MS. NORRIS: Between the 9:19 a.m. call from Wendi Adelson to Charlie Adelson it's approximately 18 minutes, to the time at 9:38 a.m. that Charlie Adelson contacts Donna Adelson: where's the location of Sigfredo Garcia's and Luis Rivera's handsets?
CHRISTOPHER CORBITT: In this time frame, they would be consistent with the Premier Health and Fitness Center.
MS. NORRIS: Okay, so going back to the 9:38.
CHRISTOPHER CORBITT: 9:38 is a call from Charlie Adelson to Donna Adelson.
CHRISTOPHER CORBITT: 9:57, Charlie Adelson to Ms. Magbanua. 9:58, Ms. Magbanua to Mr. Adelson.
CHRISTOPHER CORBITT: And again, another return call from Mr. Adelson to Ms. Magbanua, for a little over seven minutes.
CHRISTOPHER CORBITT: That's 10:06, sorry.
MS. NORRIS: No, you're okay, that's the last one.
CHRISTOPHER CORBITT: 10:06 a.m., Charlie Adelson again calls Wendi Adelson.
MS. NORRIS: And then the last three calls, at 10:07, 10:08, and 10:09, are between Magbanua and Charlie Adelson's handsets.
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: And what does the red line up here represent?
CHRISTOPHER CORBITT: That would be the time frame in which Mr. Markel was shot.
MS. NORRIS: And the following communications are at 11:06 and 11:02 — two calls between Donna Adelson and Charlie Adelson?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Is that followed by communications between Mr. Adelson and Katherine Magbanua?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: And the last one is the communication from — is that the 12:30 call from Mr. Garcia to Katherine Magbanua on the way down to Miami?
CHRISTOPHER CORBITT: Yes, it is.
CHRISTOPHER CORBITT: Miami.
MS. NORRIS: Okay. Going back to July 18th, can you tell us what Sigfredo Garcia's, Katherine Magbanua's, and Luis Rivera's handsets are doing that evening? This is after the ATM video we just looked at.
CHRISTOPHER CORBITT: Yes, I would. I would like to clarify — and I apologize, it was not part of my presentation — the phone calls that you asked about to the 305-6615 phone number. There was actually — the previous one was June 5th, not June 4th. That was at 10:59 p.m. on June 5th. And then there were two attempts on July 17th of 2014, at 11:40 and 11:41, from Ms. Magbanua to the 305 number that you mentioned.
MS. NORRIS: And when you said — I couldn't quite hear you — on the July 17th there were two calls at 11:40 and 11:41. Is that a.m. or p.m.?
CHRISTOPHER CORBITT: That was p.m.
MS. NORRIS: Thank you for clarifying that. Okay, I want to go back to where we left off with the ATM and the banking transactions for Mr. Rivera. Where do Mr. Rivera's and Mr. Garcia's handsets appear to go after that ATM transaction?
CHRISTOPHER CORBITT: Again, they would appear to be consistent with the area around Mr. Rivera's residence.
MS. NORRIS: Does Ms. Magbanua have any communication events around that time?
CHRISTOPHER CORBITT: She does.
MS. NORRIS: What you're showing here — are these the events that we have from 7:10 p.m. to 8:40 p.m.?
CHRISTOPHER CORBITT: Yes. Again, looking in the records for activity, or activity with locations, we see that there are phone calls here beginning at 7:10 and a few running through about 8:40 p.m. This would be the evening of July 18th of 2014.
MS. NORRIS: Can you show us the location information for this particular event, from 7:10 to 8:40?
CHRISTOPHER CORBITT: Yes. And again, for all of those events, she would be consistent with communicating with the cell site that would be near her residence.
MS. NORRIS: What is her next series of events after the 8:40 p.m. event?
CHRISTOPHER CORBITT: So we see events at 9:20, 9:22, and 9:42, and again, those are calls between Ms. Magbanua and Mr. Garcia — the 9:20 and the 9:22 — and then the 9:42 would be Ms. Magbanua to Mr. Adelson.
MS. NORRIS: Do you similarly have maps showing the location for the events from 9:20 to 9:42?
CHRISTOPHER CORBITT: Yes. And what we see here is, now, the handset for those first two events — one starts at 9:20, they're a 9:22, ends at 9:23 — are all in the cell site here, which would indicate some movement away from the area for her residence. And then the 9:42 event would be consistent with a cell site closer to Mr. Rivera's residence.
MS. NORRIS: I see you have Magbanua's handset location in the red for the 9:42 event. You mentioned that was consistent with the Rivera residence. Are the other events for Mr. Garcia and Mr. Rivera at that same time frame also consistent with the tower servicing Luis Rivera's home?
CHRISTOPHER CORBITT: Yes, they are. We looked at the kind of final event here between Ms. Magbanua and Mr. Garcia at 9:46 p.m. — the last attempted communication between them that evening. For that 9:46 event, and looking more particularly at the cell site and sector utilized, we would say that it would be consistent, again, with the area around Mr. Rivera's residence.
CHRISTOPHER CORBITT: And looking at their locations, represented in the blue and the orange, also communicating with cell sites and sectors, that would be consistent with that general area.
MS. NORRIS: So, at the time, would you say that the cell sites Ms. Magbanua is using, the locations that she's using?
CHRISTOPHER CORBITT: They would be, yes.
MS. NORRIS: And once they become being consistent, that's when communication between them ceases?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Does Ms. Magbanua have any more events with location information while she's in the area of Rivera's residence?
CHRISTOPHER CORBITT: Well, we have two more events that evening with location information: a 10:12 phone call and a 10:20 phone call, one being incoming from Mr. Adelson and one outgoing to him. For those two events, her handset is still communicating with the same cell site and sector we saw for that 9:46 event.
MS. NORRIS: And those are both communications between Ms. Magbanua and Charlie Adelson?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: What other information do we have about communications or attempted communications between Katherine Magbanua and Sigfredo Garcia after that 10:20 event between Ms. Magbanua and Mr. Adelson?
CHRISTOPHER CORBITT: After the 10:20 event, the next thing that we see in her records would be incoming attempts from Mr. Garcia to reach Ms. Magbanua, and all of those calls indicate they were routed to voicemail. Those are at 3:08, 3:11, and 3:26 a.m.
MS. NORRIS: So since Mr. Garcia's handset is attempting to contact Ms. Magbanua, can we tell where the handset is at this time, 3:08 a.m., 3:11 a.m., and 3:26 a.m.?
CHRISTOPHER CORBITT: I'm sorry, which handset?
CHRISTOPHER CORBITT: What? Which handset?
MS. NORRIS: Ms. Magbanua's handset.
CHRISTOPHER CORBITT: We cannot. With that, her phone not being in communication with the network, these calls are not creating location events for us, so we have no way of determining where that handset could be.
MS. NORRIS: What are the last events with location information that we have for Rivera and Garcia the night of July 18?
CHRISTOPHER CORBITT: We have a number of events that run into the early morning hours, but what we see is that for the 5:10 to 5:12 a.m. events for Mr. Garcia, and the kind of similar time frame for Mr. Rivera, it would appear that those two handsets separate at some point.
MS. NORRIS: And Mr. Rivera's handset — would his events be consistent with his residence?
CHRISTOPHER CORBITT: Yes. Again, we see this pattern very frequently with these three particular cell sites that are around his residence, his handset utilizing one or more of those. And Mr.
MS. NORRIS: It would be — as these events you did mention were in the morning hours of the 19th, right? We're moving into July 19th.
CHRISTOPHER CORBITT: Yes, that's correct.
MS. NORRIS: Let's talk about July 19th now.
MS. NORRIS: What kind of call activity was there that Saturday morning, July 19th?
CHRISTOPHER CORBITT: There was a good bit of call activity for about a 47-minute time frame here.
MS. NORRIS: And from these records, did it appear that Ms. Magbanua's handset was attempting to contact Garcia's handset via text message and cell phone repeatedly that morning?
CHRISTOPHER CORBITT: Yes, we see events 9:44, 9:44, 9:45, 9:45, 9:46, 9:46, and 9:46, sorry. Where those are all outgoing, almost all calls — the 9:45 would be a text — but outgoing from Ms. Magbanua's handset to Mr. Garcia's handset.
MS. NORRIS: And were any of those communications, as far as the calls, successful? Did they connect?
CHRISTOPHER CORBITT: They did not.
MS. NORRIS: After those unsuccessful attempts to contact Mr. Garcia, who, if anyone, does Ms. Magbanua attempt to contact?
CHRISTOPHER CORBITT: She contacts Anthony Ortiz.
MS. NORRIS: Who, in turn, does Mr. Ortiz contact?
CHRISTOPHER CORBITT: He attempts to contact Mr. Garcia as well.
MS. NORRIS: Now, during this same time frame, is there anybody else who appears — any other handset that appears to be attempting communication with Mr. Garcia?
CHRISTOPHER CORBITT: Yes, Mr. Rivera's handset.
MS. NORRIS: After the call from Ms. Magbanua to Anthony Ortiz, does Anthony Ortiz's handset make more than one attempt to reach Garcia's handset?
CHRISTOPHER CORBITT: Yes, it does.
MS. NORRIS: At some point, does Anthony Ortiz's handset attempt to reach Luis Rivera?
CHRISTOPHER CORBITT: It does, yes.
MS. NORRIS: And were all the attempts to reach Mr. Garcia by Mr. Ortiz unsuccessful prior to that reaching out to Mr. Rivera?
CHRISTOPHER CORBITT: They were unsuccessful as well, yes.
MS. NORRIS: During this time, did Mr. Garcia or Mr. Rivera also receive calls from the hybrid rental company?
CHRISTOPHER CORBITT: Yes, they did.
MS. NORRIS: At what time?
CHRISTOPHER CORBITT: We see the first here at 10:08 and 10:09 a.m., and then another at 10:10.
MS. NORRIS: At some point — so all the way up until, so from 9:44 a.m. until, from 9:44 until 10:22, does it appear any of these attempts at Garcia have been successful?
MS. NORRIS: At 10:22, what do the records indicate?
CHRISTOPHER CORBITT: That Ms. Magbanua contacted Mr. Rivera.
MS. NORRIS: How many times?
CHRISTOPHER CORBITT: Well, there's the call at 10:22, she again attempts to contact Mr. Garcia at 10:23, and another outgoing call at 10:23 to Mr. Rivera, and the last at 10:31.
MS. NORRIS: Prior to this call at 10:22 a.m. — bless you — 10:22 a.m. from Katherine Magbanua to Luis Rivera, in any of the records that you have, have you ever seen Ms. Magbanua contact Luis Rivera prior to that 10:22 a.m. call?
CHRISTOPHER CORBITT: I have not.
MS. NORRIS: Is there any — once in the call between Ms. Magbanua and Mr. Rivera around the 10:23 time frame, does that appear to connect in a conversation?
CHRISTOPHER CORBITT: The 10:23 call is a minute and 25 seconds in duration. I believe that that call did connect, yes.
MS. NORRIS: And after that connected call between Ms. Magbanua's handset and Luis Rivera's handset, does Ms. Magbanua's handset ever make any more attempts to contact Sigfredo Garcia?
CHRISTOPHER CORBITT: It does not.
MS. NORRIS: I want to break down some of the location information for this particular set of events.
MS. NORRIS: Starting with the time frame 9:44 to 10:02, what can you tell me about the location of the parties involved in this kind of exchange of phone calls that Saturday morning?
CHRISTOPHER CORBITT: So again, breaking down chunks of that call activity, we see these events 9:44 through 10:02 — the multiple calls between Ms. Magbanua and Mr. Garcia, or attempted calls, and the other parties. And for Ms. Magbanua's handset, indicated here in red, we can see that her first event is at 9:44 here and continues communicating with cell sites indicating travel south.
CHRISTOPHER CORBITT: And the last event in this time frame here, at 10:02, is back again closer to the area of Mr. Rivera's residence. We see his locations in blue, again, consistent with the area of his residence.
MS. NORRIS: Now, can you demonstrate in this visual where Charlie Adelson's residence is relative to this location?
CHRISTOPHER CORBITT: Yes, his residence is—
MS. NORRIS: That's the Will Harbor location?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: And I'll see if you can zoom back out again.
MS. NORRIS: So this is the first event that we have for Ms. Magbanua this Saturday morning, July 19th, at 9:44 a.m. — the dot at the very top there?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: So we had no location information from 9:44 a.m. back through that last 10:20 location to Charlie Adelson?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: You mentioned, or we've seen the slide where there's attempted communications from Ms. Mag-
MS. NORRIS: -banua's handset to Garcia throughout that time period, 9:44 to 10:02.
MS. NORRIS: Do we know why — what's going on with Sigfredo Garcia's cell records at that time?
CHRISTOPHER CORBITT: We see the event that we looked at for location, the 5:12 a.m. event that had cell site location for Mr. Garcia's handset, that showed some separation between him and Mr. Rivera. That was the last event that actually connected in his records, and so for the entire time frame that that account was active, there were no other events that ever reached that handset or no events coming from the handset. And again, those ran through the records. The account finally terminated in August.
MS. NORRIS: What are possible reasons for no events after that 5 a.m. event the morning of the 19th? What's the speculation?
CHRISTOPHER CORBITT: There are a number of reasons that the handset would stop being used. It was physically damaged.
CHRISTOPHER CORBITT: The person using it was nowhere near the network and unable to connect.
CHRISTOPHER CORBITT: The account became delinquent, or it was powered down.
MS. NORRIS: Would it also be consistent with no longer using a phone?
CHRISTOPHER CORBITT: Yes, it is definitely no longer using the phone.
MS. NORRIS: Next, if we could go to the next series of events for Saturday, July 18th — sorry, July 19th — from 10:04, where we left off in the morning, until 10:23 a.m.
CHRISTOPHER CORBITT: Yes, and again, the series of phone calls that we have back and forth between our involved parties here.
CHRISTOPHER CORBITT: And we look at the locations for those, and it would appear that Mr. Rivera's handset has moved away from the area of his residence and something more consistent with east.
MS. NORRIS: And Mr. Rivera is in blue?
CHRISTOPHER CORBITT: He is, yes.
MS. NORRIS: Walk me through the beginning, when it appears to leave the area of his residence.
CHRISTOPHER CORBITT: Well, we have events just after 10 that communicate with two cell sites here on the opposite sides of the water — the 10:09 event and 10:23 as well. But it would be consistent, looking at the times and the cell sites, that that handset moved away from his residence and somewhere to the vicinity of Ms. Carmona's residence. Then the next events that we have, 10:23, is again contact or attempted contact between Ms. Magbanua and Mr. Rivera, and looking at his handset for those events, we see the 10:23, 10:35 that would be consistent with travel sort of back towards the area of his residence.
CHRISTOPHER CORBITT: After this tower, so —
MS. NORRIS: Rivera goes near Stephanie Carmona's residence and then returns back to his residence.
MS. NORRIS: Approximately what time does his handset appear to be communicating with the towers at Stephanie Carmona's house?
CHRISTOPHER CORBITT: Around the 10:23 time frame.
MS. NORRIS: Remind me, when was the last time any of these parties attempted to contact Sigfredo Garcia?
CHRISTOPHER CORBITT: 10:23.
MS. NORRIS: From 10:23 to 10:31 a.m., are all of those events between Katherine Magbanua's handset and Luis Rivera's handset?
CHRISTOPHER CORBITT: These three — there's an additional number that attempts to contact Mr. Rivera, but the two events, 10:23 and 10:31, are between Ms. Magbanua and Mr. Rivera. And —
MS. NORRIS: Her location for those two events is consistent with the Rivera residence?
MR. DECOSTE: Objection. Leading.
JUDGE HANKINSON: State your question again, please.
MS. NORRIS: Are those two events consistent with the Rivera residence, the 10:23?
JUDGE HANKINSON: I'll overrule the objection.
CHRISTOPHER CORBITT: It's the 10:31 event — the last event is communicating with the same cell site and sector that we saw the previous evening. And just looking at the relationship between Mr. Rivera's residence, the area around his residence, and where that cell site is, then I would say yes, that handset could be consistent with his residence.
MS. NORRIS: Do we have any events with location information for Katherine Magbanua's handset from 11:32 until 11:22, or approximately 50 minutes?
CHRISTOPHER CORBITT: It's the 10:31 event, which ends at 10:32, and it both begins and ends on that same cell site and sector we looked at. And there's no other events on her handset with any location information until 11:23.
MS. NORRIS: And are there any events between Magbanua's handset and Rivera's handset for that same 50-minute period?
CHRISTOPHER CORBITT: There are not.
MS. NORRIS: Do you have any phone evidence which would tell you whether Sigfredo Garcia was in an area consistent with Rivera's location during that same time?
CHRISTOPHER CORBITT: Again, as his handset was not being utilized, there are no events with location, so we can make no determinations.
MS. NORRIS: What is the next event with location information that we have for Katherine Magbanua?
CHRISTOPHER CORBITT: It's the 11:23 event, and we can see that she's now communicating with a cell site and sector that is one south of the one she was previously using.
MS. NORRIS: Are there — is there any other GPS location information for the Prius since the last time we talked about it?
CHRISTOPHER CORBITT: We do have location information for the Prius both for, I believe, July 20th and July 21st.
MS. NORRIS: And where is the Prius located based on the GPS on July 20th, 2014?
CHRISTOPHER CORBITT: The Prius GPS is indicated by the green here, and it would appear to be on a street about a block and a half away from Ms. Carmona and Mr. Garcia's residence.
MS. NORRIS: And the second ping on July 21, 2014 is at approximately the same location near Ms. Carmona's residence?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Do you recall what date that vehicle was due back based on the rental agreement?
CHRISTOPHER CORBITT: Well before this. I don't recall the exact date, but yes.
MS. NORRIS: And you mentioned that Mr. Garcia's handset was no longer active after that last event on Saturday, July 19th at 5 a.m. What about Luis Rivera's handset?
CHRISTOPHER CORBITT: His handset continued to have events through July 24th.
CHRISTOPHER CORBITT: And July 24th — this is UTC time here, this 21:57. 9:57, you would subtract four hours from that. But that's the last event, or one of the very last events, in his records, and this handset is again not used after this point. I'm sorry, it was 9:57 in UTC, which would make it 5:57 — sorry, p.m. Sorry.
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Is — Is that a summary of the call activity that we just went through between the parties the morning of Saturday, July 19th, 2014?
MR. DECOSTE: Objection — cumulative. I believe that that same document is contained in the other items the State has already entered in.
JUDGE HANKINSON: Let me see that.
MS. NORRIS: And — And now I'm showing you State's Exhibit 180. Is this an excerpt from the call records that are in evidence in this case, limiting that data for those phone calls to those between Katherine Magbanua and Sigfredo Garcia on the June 2014 trip?
CHRISTOPHER CORBITT: Yes, it is.
JUDGE HANKINSON: What number did you say?
MS. NORRIS: 180. 80.
JUDGE HANKINSON: What's that?
MS. NORRIS: You're correct.
MS. NORRIS: I apologize, Your Honor. 181 — June 2014, just between —
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: And now I'm showing you State's Exhibit 182. Is that an accurate excerpt from those voluminous phone records, showing just the calls between Katherine Magbanua and Sigfredo Garcia for the July 2014 trip?
CHRISTOPHER CORBITT: Yes, they are.
MS. NORRIS: And at this time I'd offer them in evidence as State's Exhibits 181 and 182.
JUDGE HANKINSON: Objection?
MR. DECOSTE: Same objection that I had before. Cumulative.
JUDGE HANKINSON: I'll admit 181, 182.
MS. NORRIS: You had mentioned earlier, in part of your testimony about location information, having reviewed Charlie Adelson's iCloud.
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: Is that right?
MS. NORRIS: And that was pursuant to a search warrant to Apple for the contents of his iCloud?
CHRISTOPHER CORBITT: Yes, it was.
MS. NORRIS: Briefly, can you explain what type of information is contained in those iCloud contents?
CHRISTOPHER CORBITT: That is a generic explanation.
CHRISTOPHER CORBITT: Certainly. There are communication records in there — text messages, iMessage, direct messaging content, location information, call logs, pictures, contacts. Pretty much anything that's in your phone can be stored in the backup.
MS. NORRIS: Can be stored in the what?
CHRISTOPHER CORBITT: In the cloud. It's a backup of your phone.
MS. NORRIS: And what is the cloud?
CHRISTOPHER CORBITT: The cloud is someone else's computer.
CHRISTOPHER CORBITT: But yes, the cloud is a remote computing service.
CHRISTOPHER CORBITT: There are all kinds of clouds out there — Google Drive.
CHRISTOPHER CORBITT: The iCloud is just one type, and it allows users of the iOS devices to back up their content or store content in another location for retrieval, synchronization, or safekeeping.
MS. NORRIS: So you've reviewed that in addition to all of the CDs I showed you earlier with the phone records for everyone in this case?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Is there any evidence or proof of communication in anything that you've reviewed whatsoever between the Adelsons and Luis Rivera?
MS. NORRIS: Based on that same data, is there any evidence or proof of communication whatsoever between the Adelsons and Sigfredo Garcia?
CHRISTOPHER CORBITT: Just the one phone call — attempted phone call — to Mr. Adelson. Harvey Adelson is the only contact.
MS. NORRIS: That was the July 1? That's 2014?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Same question: any evidence or proof of communication between Charlie Adelson and Sigfredo Garcia?
MS. NORRIS: Any evidence or proof of Charlie Adelson and Luis Rivera?
MS. NORRIS: Based on the location information for Harvey Adelson, was his handset in Tallahassee on the date of the murder?
CHRISTOPHER CORBITT: It was not.
MS. NORRIS: What about Donna Adelson's handset? Was it in Tallahassee on the date Mr. Markel was murdered?
CHRISTOPHER CORBITT: It was not.
MS. NORRIS: And Charlie Adelson's handset — was it in Tallahassee on the date that Mr. Markel was murdered?
CHRISTOPHER CORBITT: It was not.
MS. NORRIS: Thank you.
MS. NORRIS: Thank you, Sergeant Corbitt. I have no further questions.
JUDGE HANKINSON: Well, we'll take ten minutes.
JUDGE HANKINSON: Either side need anything?
MR. DECOSTE: Yes, Your Honor.
JUDGE HANKINSON: Yes. We'll stay in session.
JUDGE HANKINSON: You may be seated.
JUDGE HANKINSON: Mr. DeCoste.
MR. DECOSTE: The discovery issue, Your Honor.
JUDGE HANKINSON: What?
MR. DECOSTE: The discovery issue. The discovery issue.
JUDGE HANKINSON: All right. Well, let's wait for Ms. Cappleman to tell me that she completed her research.
MS. CAPPLEMAN: I'm ready, Judge.
JUDGE HANKINSON: Okay.
MS. CAPPLEMAN: So the exhibit was provided to the State — it looks like it was sent to the State, certified on 9/10 of '19. It was not properly discovered, but it was specifically listed in the State's notice of intent to introduce business records six days later, 9/16/19, paragraph 39: DHSMV records regarding traffic tickets received by Luis Rivera on 7/16/14 and Sigfredo Garcia on 6/2/14.
JUDGE HANKINSON: So why was it not put in discovery when you got it September 10th?
MS. CAPPLEMAN: Well, I wasn't ready to file the notice of business records. I listed it in my system as discovery, but I can't prove where it was ever sent, so I can't tell you.
JUDGE HANKINSON: And you had mentioned some highway safety records.
MS. CAPPLEMAN: Yes, but I can't prove where any of that I can't show you an email where it was sent to them.
MS. CAPPLEMAN: The only thing that was pretty for sure was sent was the notice of intent to introduce business records.
JUDGE HANKINSON: Through Mr. DeCoste.
MR. DECOSTE: It's no coincidence that this discovery issue is happening hand in hand with us not getting the exhibit from Ms. Norris. This is the second time that we've had this problem with this witness. I move for sanctions.
MR. DECOSTE: It is clear that they were hiding this, not sharing it with us. I don't for a second believe that they just, at the last minute, threw this together. They had this in advance.
MR. DECOSTE: They knew that Sergeant Corbitt was taking the stand. They knew that it contained a piece of evidence that Ms. Cappleman has admittedly said was not provided to the Magbanua defense team.
JUDGE HANKINSON: Until September 16th?
MR. DECOSTE: No, I believe that what you will say is the item was never provided to us — not the DHSMV records for Sigfredo Garcia, nor the citation. Ms. Cappleman knows the level of investigation we have done on everything, and to quote her, no stone unturned. And that is how we've handled our work on this case as well — investigation that we would have done on this, that we would have needed to have done on this.
MR. DECOSTE: That's all I've got.
JUDGE HANKINSON: What is the investigation you would do as to the traffic ticket?
MR. DECOSTE: I'm just getting it right now, and I'm looking at it, meeting with witnesses. To give Your Honor an example: the citation that was given to Luis Rivera — the deposition of Sergeant Downing, finding out exactly what occurred. It wasn't just a matter of looking at the citation and taking its word for it — speaking to potential witnesses, the location that it happened at, the time that it happened at, the officer that pulled them over, whether there were other occupants inside of the vehicle, and if there were, depositions of the other occupants inside of the vehicle, the officer that gave the citation. I can just say random things right now, but there would have absolutely been investigation, Your Honor. This is a case where we have flown, spent the most simplest of details to make sure that this defendant gets a proper defense.
MR. DECOSTE: If this happened hand in hand with us just getting this exhibit, an exhibit that Ms. Norris is using.
JUDGE HANKINSON: Garcia.
MR. ZANGENEH: And I think it's a little bit more material to my defense, but I still think it's something that should be put on the list.
MR. ZANGENEH: The fact that Downing's — Trooper Downing — that citation was given a long time ago. I was with Mr. DeCoste when he took Trooper Downing's deposition, because there was a specific area he wanted to explore.
MR. ZANGENEH: This is something that I would definitely be a part of — a deposition of, because there's certain material that should be in that.
JUDGE HANKINSON: What did you want to say, Ms. Cappleman?
MS. CAPPLEMAN: Just that I invited the defense to view the evidence in my office on 9/18.
MS. CAPPLEMAN: State's Exhibit 122 was marked and available for viewing at that time. It was marked and available for viewing when Your Honor invited the defense to come view it on the first day that we met here. And then I think you reiterated that last night. And we did stay behind last night, after Your Honor left the bench, for the defense to review the evidence. Again, now, I'm not saying that this was done properly — I'm just saying there have been a lot of opportunities for this.
JUDGE HANKINSON: It was the ticket and the things they saw last time?
MS. CAPPLEMAN: Yeah.
JUDGE HANKINSON: But y'all sit down, please. We're not going to start being rude here. Okay, so who looked at the stuff?
MS. CAPPLEMAN: Mr. Zangeneh and Mr. DeCoste both stayed behind and worked through — I put the discs, I cleaned off this entire desk, I put the discs, the binder that contained photographs and the binder that contained documents, any items that have not yet been introduced into evidence, and they looked through all of them.
JUDGE HANKINSON: It includes State's Exhibit 122?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: Let me see the document, please.
MS. CAPPLEMAN: Lastly, Judge, I did provide the evidence on the first day of trial.
MR. DECOSTE: I did receive an email from Ms. Cappleman saying that items were available to view in her office.
MR. DECOSTE: I responded to that with a question, saying "what now?", because it wasn't clear what she was saying to us — whether she's doing what prosecutors do, "come and take a look at my file so I can avoid any accusations of violations of the discovery rules," or she's showing us exhibits. I never got a response.
MR. DECOSTE: Your Honor has seen me for the past two weeks, for the past couple of years — I rarely get animated. I am animated right now for a genuine reason, because that ticket was not present in that book yesterday.
MR. DECOSTE: Your Honor, to add on — now having a moment to actually look at the citation, other investigation we would have done. It's obviously an issue for the defense whether Luis Rivera was driving that vehicle alone on that day, on that trip. There are several routes along this area where we would have pulled surveillance information, whether it's available or not, understanding time has passed — to pull surveillance to see who it was driving the vehicle, specifically from the Florida Department of Transportation for any tolls that it had taken.
MR. DECOSTE: Unfortunately, I would draw that, because we had that for the vehicle; we actually did do that. But as to the route that it was taking on that day, because of the location of the citation, we could have pulled surveillance for many adjoining businesses. But just to emphasize, it was not present yesterday.
JUDGE HANKINSON: This is June 2nd at 9:48 p.m. What do you think the significance of that is, Ms. Cappleman?
MS. CAPPLEMAN: It's the State's theory that this initial rental car was returned in exchange for the Nissan that ultimately came to Tallahassee on the first trip. Because of this ticket — I don't think it's that significant, I'm not sure. I mean, it was just of interest that Mr. Garcia got that rental car, Mr. Garcia got a ticket in it, he got the ticket in Miami. So, I don't know.
JUDGE HANKINSON: This — which vehicle is this?
JUDGE HANKINSON: This is — it says a silver Nissan, that's the — and there's a tag number, CKV-I85. That's the first car that was rented.
JUDGE HANKINSON: This is the one where the rentals were changed after a couple of days.
MS. CAPPLEMAN: Yes, sir. He rented that vehicle on the 2nd. Already had the intent to come to Tallahassee in it. Never did cause he got a ticket in it. Exchanged that for the Nissan, I'm sorry, Hyundai Sonata which came to Tallahassee on the first trip. Does that make sense?
JUDGE HANKINSON: Is this the one where Rivera's name shows on the rental, or is this the one with Garcia's name?
MS. CAPPLEMAN: Garcia's name shows on the rental. Or both, that vehicle and the one he exchanged it for which came to Tallahassee.
JUDGE HANKINSON: Frankly, I don't see the great significance of it. I'm not going to admit it at this point in time. We've got a couple other — two days of trial. If y'all decide it needs to be — that it's really significant — and need to give the defense some opportunity to review it and figure out what the significance of it is. I'm just not going to get into it at this point in time. Yes, what else?
MS. NORRIS: We'd move as a court exhibit the demonstrative support exhibits C and D presented on Sergeant Corbitt's direct.
JUDGE HANKINSON: Okay. And those do not go to the jury, correct?
MR. DECOSTE: Same objection, Your Honor. We have not had proper time to digest these items.
JUDGE HANKINSON: It could just be them being made part of the record. So I would assume you want them to be part of the record. You don't want them to be part of the record?
JUDGE HANKINSON: Why is there attorneys at the table challenging me? I mean, this is not to go to the jury. This is to make a record, so there would be a record of what was shown.
MS. NORRIS: The portion relating to the ticket was not shown in there, and I took that part out. So that was what was shown.
JUDGE HANKINSON: All right. Anything else? All right, take about five minutes.
Beginning of cross audio muted.
MR. ZANGENEH: —is consistent with the number that he has, right?
CHRISTOPHER CORBITT: That is correct.
MR. ZANGENEH: And would it be fair to say that the only cross-references you did with reference to this handset number were between Luis Rivera, Sigfredo Garcia, Katherine Magbanua, and the Adelsons, correct?
CHRISTOPHER CORBITT: No, sir. There were a number — if you're talking about persons involved, obviously, as I spoke earlier, one of the first things we do is a frequency report to see who it communicates with most frequently. That information was given to the investigators so that they could begin researching all of those numbers, and I do not know the extent to which they identified numbers of importance. When it came to the relevance here, it was between those primary parties, but anyone the handset communicated with was evaluated to some degree or another.
MR. ZANGENEH: Now, you're aware that Mr. Rivera — and it was part of a criminal organization known as the Latin Kings, correct?
CHRISTOPHER CORBITT: Yes.
MR. ZANGENEH: Did you, at any point, or anybody in law enforcement, do a cross-section between known Latin Kings and this phone?
CHRISTOPHER CORBITT: There were a number of contact information. So during the course of the investigation we developed associated names with phone numbers. Those were provided to me from a variety of sources. One of them was from a previous investigation that involved a number of the people that you're speaking of, and those contact information were added to our automated system and would populate if there were previously known people. Again, that information was provided to the investigators, and whatever relevance that may or may not have been would have been their determination.
MR. ZANGENEH: Do you know of anybody that's in that list that you discussed had communication with Luis Rivera from May 28th till June 4th?
CHRISTOPHER CORBITT: No one that I'm aware of.
MR. ZANGENEH: You're saying no one had communication, or no one has that information?
CHRISTOPHER CORBITT: Oh, I'm sorry — may I understand your question?
MR. ZANGENEH: Let me rephrase it, I'm sorry. So you indicated that there's long-known Latin Kings that were communicating with, right?
CHRISTOPHER CORBITT: I'm saying that I was provided with contact phone numbers that were populated, and I do not know if there was communication between them or not. Again, that information is provided to the investigators. Knowing who those people are — they're just phone numbers to me.
MR. ZANGENEH: Well, you know that they had a wire intercept of Luis Rivera's phone from, I believe, October to November of 2014, correct?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: And you're aware that during that wire intercept, known gang activity between Luis Rivera and other gang members was intercepted, right?
CHRISTOPHER CORBITT: I do not know the specifics of the intercept — that was a different investigation, but it is the criminal investigation that I mentioned. We did receive some of the contact information from that investigation, and so if there were names there, then they were added into our system, and that information was given to the investigators.
MR. ZANGENEH: So the question I have is, those names — do you have a frequency report, or are you aware of any of those names having contact with this number for the week prior to June 4th?
CHRISTOPHER CORBITT: I am not personally aware, no.
MR. ZANGENEH: Did you do any kind of analysis to determine if any of those calls were made?
CHRISTOPHER CORBITT: Outside of what I've mentioned — as far as any of the names that we have, or providing those phone numbers to the investigators that were familiar with that investigation and this one — I did no further investigation.
MR. ZANGENEH: Now, if you could go to the next slide. I'm—
CHRISTOPHER CORBITT: — sorry, you mean it was the map. It is a cell site that his handset was utilizing. Yes. Well, and every reference I make is with regards to a cell site indicating or activating to a number associated with Luis Rivera. Okay? Yes, sir.
MR. ZANGENEH: The next one, 313 — that's also a ping for Luis Rivera's phone, correct?
CHRISTOPHER CORBITT: Let me clarify one thing for these overview maps.
CHRISTOPHER CORBITT: There may be multiple activations of that cell site — of one particular cell site — and all of those events, there may be four or five of them together, all of those events will be shown at once on this. And the labeling works so that only the last event you're going to see. So if we want to talk about specifics, this is a very general overview map; if we want to talk about specifics, then I can look in here, and this is actually only one event at 1:40 a.m. I just want to make sure that there may be more than one event that communicated with a particular cell site even though there's only one dot on the map.
MR. ZANGENEH: Let me kind of — maybe I'm asking it too complicated. All these — look, can you expand the map? All those blue dots, those are in reference to location information for Luis Rivera's handset phone, correct?
CHRISTOPHER CORBITT: That is correct.
MR. ZANGENEH: Go to the next slide, please. This is the following day, correct?
CHRISTOPHER CORBITT: It is, yes, sir.
MR. ZANGENEH: And you'll agree with me, from 3:25 p.m., which is the top left-hand corner, all the way down to 12:47 a.m., those are associated with Luis Rivera's handset, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: So I'm going to ask to approach so I can show the witness, with all due respect, which slide I'm referring to. If I may, Your Honor?
JUDGE HANKINSON: You may.
MR. ZANGENEH: If you could be kind enough to—
CHRISTOPHER CORBITT: Okay.
MR. ZANGENEH: Now, on this slide, there is a flag with a yellow—
CHRISTOPHER CORBITT: There is.
MR. ZANGENEH: And what does it say? It says "Rivera's residence" right underneath there, is that correct?
CHRISTOPHER CORBITT: It does, yes.
MR. ZANGENEH: And you have testified to the members of this jury with relation to that location being where Luis Rivera lives, correct?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: If I may, Judge?
JUDGE HANKINSON: Yes, sir.
MR. ZANGENEH: If you could pull that up for the members of the jury.
MR. ZANGENEH: The map that we just looked at, from June 4th to June 5th, was related to Luis Rivera's handset, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: And you'll also agree with me that the yellow flag that you had highlighted a location in North Miami, correct?
CHRISTOPHER CORBITT: That is correct.
MR. ZANGENEH: Now, here on what I believe has already been introduced into evidence as a traffic citation for Luis Rivera, his address there is 1805 Normandy Drive, Apartment 3, correct?
CHRISTOPHER CORBITT: That's what's listed, yes.
MR. ZANGENEH: Now, I know when you get pulled over, you give a police officer your license, right?
CHRISTOPHER CORBITT: Yes.
MR. ZANGENEH: Or I'm sure you've done it the other way around — if you've pulled someone over, you ask for license and registration. So in addition to that, we have a car rental agreement, correct?
CHRISTOPHER CORBITT: We do.
MR. ZANGENEH: Okay. And that car rental agreement that I'm referring to is when Mr. Rivera — Mr. Rivera rents—
CHRISTOPHER CORBITT: Yes.
MR. ZANGENEH: — in his name—
CHRISTOPHER CORBITT: Correct. I'm not familiar with his handwriting, but it is handwritten — his name, yes. Correct.
MR. ZANGENEH: And underneath that, himself on this car rental agreement, provided as his home address the 1805 Normandy Drive, and that would be consistent with what's on his driver's license. Is that correct, sir?
CHRISTOPHER CORBITT: It would be.
MR. ZANGENEH: Now, if Judge, number — Here, the date. You're not from South Florida, are you, sir?
CHRISTOPHER CORBITT: I'm not.
MR. ZANGENEH: Just information, the address is 1805—
CHRISTOPHER CORBITT: It is, yes. And it is, yes.
MR. ZANGENEH: And is that consistent with what Mr. Rivera listed on the car rental agreement, as well as on his driver's license?
MR. ZANGENEH: I'm sorry, I'm sorry. Is that the information Luis Rivera provided on his car rental agreement, correct?
CHRISTOPHER CORBITT: Yes, it is.
MR. ZANGENEH: As well as the address on his driver's license, that was part of the citation that was issued on June 4th, correct?
CHRISTOPHER CORBITT: That's correct.
CHRISTOPHER CORBITT: It appears to be, yes.
MR. ZANGENEH: That locates Magbanua's residence, is that correct?
CHRISTOPHER CORBITT: Yes. I'm not familiar with the exact — where that exact numeric would be — but it would be consistent with that area, yes, sir.
MR. ZANGENEH: Now, if you could, if you'd be kind enough — sorry, this is — if you could go back to the slide that you had that showed the yellow map of Mr. Rivera, which you indicated — which was testified under direct — is his address.
MR. ZANGENEH: If you could find that for me, sir.
CHRISTOPHER CORBITT: I'm sorry — the one we looked at previously?
MR. ZANGENEH: The one that showed — it said "Rivera's residence" in yellow.
MR. ZANGENEH: North Miami?
MR. ZANGENEH: It was the Inca or the Primera of the North Miami tribe of the Latin Kings, is that correct?
CHRISTOPHER CORBITT: I'm not.
MR. ZANGENEH: He said he did.
MR. ZANGENEH: Okay.
MR. ZANGENEH: Now, I know that we discussed this during your last time up, but just to clarify again: the information that you receive from the cell towers is simply an approximation of the general area between accompanying towers, correct?
CHRISTOPHER CORBITT: Well, what I receive from the phone company is actually the antenna that's being used. It's the location and the direction of the cell site that's actually being utilized for that event. We simply represent that on a map and then compare it to known locations.
MR. ZANGENEH: And so what they have is, they have an antenna that could be at a specific location, and a vehicle could be at the farthest-reaching perimeter of where that antenna's radius is, and it would...
CHRISTOPHER CORBITT: A handset is going to choose the cell site that it sees with the best available signal, and there are a lot of factors that influence that decision.
CHRISTOPHER CORBITT: I guess the answer to your question is, yes — a handset at the furthest reaches of the effective range of that tower would still communicate with that tower.
MR. ZANGENEH: So there's no way to know specifically where a cell phone is, correct?
CHRISTOPHER CORBITT: That's correct. And in all of these, I'm only providing a general location or a general area that may be serviced by that cell site.
MR. ZANGENEH: Now, in all of the evaluations that you did and all the data that you compiled, were you able to determine if any of the other antennas were down or not serviceable at the time?
CHRISTOPHER CORBITT: We look at things like use to determine if other cell sites are maybe not in service. There's no indication — particularly looking at, if we know they're being communicated with, if we know we have events that are communicating with those cell sites, then we know those cell sites are functional. So that's kind of one thing that we look at. But again, we're only looking at a very general location of where that handset is and asking if the location of interest may be serviced by that particular cell site and sector. That's all we're attempting to do.
MR. ZANGENEH: So you'll agree with me that you can't tell who's using a specific handset at the time, other than the numbers being used, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: And based on the records that you have, you can't prove through your phone data or through the cellular records that Mr. Garcia was on the trip in 2014, right? And the June trip.
CHRISTOPHER CORBITT: That is correct. We have no location information for his handset.
MR. ZANGENEH: Now, let's go to the July 18th date, if you would, please. There was two pieces of activity related to my client's handset, one at 9:36, correct?
CHRISTOPHER CORBITT: Yes.
MR. ZANGENEH: We mean the morning of the 18th.
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: There was two activities on his handset that day, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: One was a call, one was a text message, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: And the text message was incoming, which means somebody sent it in to Mr. Garcia, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: Did he respond to it?
CHRISTOPHER CORBITT: It was a notification, as we spoke last time. It was not a full phone number, and I believe that was a notification sent to him.
MR. ZANGENEH: Then there was a phone call that came in to him, correct?
CHRISTOPHER CORBITT: I believe so, yes.
MR. ZANGENEH: And could you tell if that went to voicemail or if that was picked up?
CHRISTOPHER CORBITT: I don't recall, but regardless, the duration was extremely short, at seven seconds, as we discussed.
MR. ZANGENEH: And there was no more activity on Mr. Garcia's phone until 12:30, correct?
CHRISTOPHER CORBITT: No active activity. There were incoming calls, but there was nothing active done with a handset until 12:30. That's what I'm referring to — there was no active activity.
MR. ZANGENEH: Correct. Not any passive activity, right?
CHRISTOPHER CORBITT: Correct.
MR. ZANGENEH: You did a frequency report on the number associated with my client, correct?
CHRISTOPHER CORBITT: Yes.
MR. ZANGENEH: And who was the most frequent person that he spoke to?
CHRISTOPHER CORBITT: Ms. Magbanua.
MR. ZANGENEH: And that was from when to when?
CHRISTOPHER CORBITT: Well, I believe that that holds true from just about any period of time.
CHRISTOPHER CORBITT: The initial response that we looked at was for about a two- or three-month period, if I remember. We can pull it up if we need to be specific.
MR. ZANGENEH: Would it be fair to say, Sergeant, that it was not uncommon for there to be a substantial amount of communication between my client and the mother of his children?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: Now, one more time, an administration card for the Budget Inn in Tallahassee?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: And that's, again, the 1805 Normandy Drive address, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: In Miami Beach?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: And that's inconsistent with the address that you have highlighted, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: Give me a second, Your Honor.
MR. ZANGENEH: Judge, I'll tender the witness with a right to recall, Sergeant Corbitt.
MR. DECOSTE: Hello again, Sergeant.
CHRISTOPHER CORBITT: Hello.
MR. DECOSTE: Your Honor, may I reposition this just a little bit to the left?
JUDGE HANKINSON: All right.
MR. DECOSTE: Call detail records versus geolocation.
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: It's late in the day. I know that this is your expertise. If you could explain to the jury the difference between call detail records and geolocation.
CHRISTOPHER CORBITT: Well, I think when you speak of geolocation, you're probably talking about real-time location of a handset.
MR. DECOSTE: Let me ask you a question.
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Sorry to cut you off. So my iPhone, as "Find My iPhone" — is that geolocation?
CHRISTOPHER CORBITT: Yes. I think geolocation is kind of a broad term. But when we're talking about the call detail records — and I believe I can answer this, what you're asking — the call detail records are historical events, and they provide for us the location of the cell site that the handset was communicating with. When you're talking about applications like Find My iPhone, or where law enforcement is able to actively obtain the location of a handset, then we're talking about not the location of the cell site, but the location of the handset itself.
CHRISTOPHER CORBITT: And that information comes from a variety of sources. It could be from the cell network. It could be from a GPS receiver in the handset. It could be from Wi-Fi access points. There are a number of things that allow the handset to determine its location and then communicate that to us.
MR. DECOSTE: Now let's answer it with respect to accuracy.
MR. DECOSTE: Geolocation, Find My iPhone — more accurate than call detail records, which will just give a generalized area.
CHRISTOPHER CORBITT: In almost all cases, yes. Anything where the handset is actively trying to help us find it is going to be more accurate than a cell site location. If I tried to find my iPhone using call detail records, I may find myself walking around an entire neighborhood trying to find it. You could — unless you left it at your friend's house that you communicate with frequently, and we knew that that address was within the cell site, then you may get lucky. But yes, the geolocation is much more accurate.
MR. DECOSTE: Unless I get lucky with the call detail records. Right. Now I want to explain a little bit how the — you call them antennas, right?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Your Honor, if I could have one second.
MR. DECOSTE: If I were to drive north on Monroe, maybe about two miles, I'd see one of these antennas, right?
CHRISTOPHER CORBITT: Several, yes, sir.
MR. DECOSTE: Now, these antennas — normally they're, well, they're 360 degrees, but they're broken up into, what are they, three segments?
CHRISTOPHER CORBITT: It varies by cell site, but generally what we see is, yes, they are divided into three sectors.
MR. DECOSTE: Now, with the demonstration that you had here today, I saw that in a lot of the points there's three arrows.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Does that mean that there's three antennas and each of them are 120 degrees?
CHRISTOPHER CORBITT: Well, there's more than three antennas generally between transmit and receive, and they are not always 120 degrees.
CHRISTOPHER CORBITT: We will see a lot of cell sites that are not exactly three equal segments. The antennas are oriented towards the best service for that population area, and it is not always three exactly spaced azimuths.
MR. DECOSTE: So all of these — now, you used the word azimuth. What's that?
CHRISTOPHER CORBITT: I did. That's the direction. When we talk about azimuth, that is that 360-degree circle. That is the degrees in which that antenna is facing.
MR. DECOSTE: So one of the antennas...
CHRISTOPHER CORBITT: And that's what I'm saying. It depends by cell site.
MR. DECOSTE: Of course you— Go ahead.
CHRISTOPHER CORBITT: They are all different. A lot of them are exactly that — three equally spaced sectors. But we also have a number of cell sites that are not that perfect three equal segments. And again, those antennas are oriented in the direction to provide the most service.
MR. DECOSTE: Now, in a bunch of your slides, you had a tower and you had an arrow.
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Can you go to one of those?
MR. DECOSTE: It doesn't matter which one. Okay, perfect. So all the different...
CHRISTOPHER CORBITT: ...It is, and in this case, we actually have two different technologies on this cell site. And when they added the additional technology, that kind of rotated them all. So one technology — and when I speak of technology, I mean like 3G or 4G, our data speeds, and whether we're voice over LTE or traditional kind of cell phone.
CHRISTOPHER CORBITT: So there's really two different technologies here that are represented by those. Each really only has three.
MR. DECOSTE: Your presentations are in between part one and part two.
CHRISTOPHER CORBITT: I'm sorry, yes.
MR. DECOSTE: Slide four.
CHRISTOPHER CORBITT: You may want to mute me real quick, just so that as I'm switching presentations, I don't accidentally display something.
CHRISTOPHER CORBITT: I'm sorry, you were wanting to go back to my original presentation from my previous testimony?
MR. DECOSTE: No, no, no, today. There's two parts for today.
CHRISTOPHER CORBITT: I see.
MR. DECOSTE: Let's go to the first one, which I believe is in June.
MR. DECOSTE: And—
CHRISTOPHER CORBITT: I'm not sure exactly which is slide four on your work. We'll go back.
MR. DECOSTE: Just go to a random one with one of the arrows down at my end. How about that?
CHRISTOPHER CORBITT: One of the arrows down at my end.
CHRISTOPHER CORBITT: You can turn it back on now.
MR. DECOSTE: So that would be one with a... Oh, yeah, perfect. Yeah, perfect.
MR. DECOSTE: Now, that wouldn't be accurate as to the width of that sector, that arrow. That's just a generalized direction that you're getting, right?
CHRISTOPHER CORBITT: That is correct. That is just — well, it's accurate to the direction.
CHRISTOPHER CORBITT: That arrow is pointing the direction that that antenna is facing. It does not represent the width.
CHRISTOPHER CORBITT: And as we talked about when I was here last time, we look at where those sectors are oriented, and we estimate that somewhere about in between — about halfway in between where those sectors are pointed — is where we would expect a handset to transition.
MR. DECOSTE: So for example, here—
CHRISTOPHER CORBITT: That is correct, yes.
MR. DECOSTE: Where they're set up, they're miles away, right?
CHRISTOPHER CORBITT: That's correct, yes.
MR. DECOSTE: Now, in a dense place like Miami, you would agree that these are miles and miles away from each other?
CHRISTOPHER CORBITT: What I see generally here — and this is actually the layout of the towers — they're about a mile to a mile and a half apart in most cases.
MR. DECOSTE: So it wouldn't be right next to it. It would be—
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Okay. This is the cell sites, the Sprint cell sites, from 2014?
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: All right. Now, we'll come back to this in a second. Let's just talk about — and you said it — what you're here to do and what you're not here to do. You're not here to give an exact location, like Find My iPhone, right? That's not your role. You're here to include and exclude locations.
CHRISTOPHER CORBITT: That is correct.
MR. DECOSTE: The State came to you, they asked you if a certain handset could be at an address during an event, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: I believe that you said it to co-defending counsel that you're not here to make a determination of how close the phone is.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: They it could be right up next to the tower, or it could be almost to another tower.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: In a nutshell, you're here to say that the handset could have been within the range of that tower, right?
CHRISTOPHER CORBITT: Well, the handset was definitely within the range of the tower, because we know that it communicated with that tower.
MR. DECOSTE: But it is more specific than that? No?
CHRISTOPHER CORBITT: So that's correct.
MR. DECOSTE: And does that happen — we'll call that one Tower B?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: In the vicinity of Tower A, but get picked up on Tower B, right?
CHRISTOPHER CORBITT: You could, yes.
MR. DECOSTE: Because that signal doesn't just drop off a cliff.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: It's a system of redundancy.
CHRISTOPHER CORBITT: It's a system of the most efficient layout. The purpose of the cellular companies is to provide exactly what they need to and not waste energy, not waste towers, not waste resources. So it's laid out very efficiently.
CHRISTOPHER CORBITT: There is — and there has to be — overlap so that, as you say, the signal does not just end. There is overlap from one cell site to another, and that allows us seamless travel. We can get in a car and drive, and in theory you don't drop the phone call, because there is that overlap as we transition from one cell site to another.
MR. DECOSTE: Overlap.
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Now, you can't give an absolute as to a person's location with call detail records, right? Not talking about the handset — talking about a person's location, right?
CHRISTOPHER CORBITT: With the call detail records that we're using here, no.
MR. DECOSTE: Well, the first thing is, there's unknown variables — one of them being you don't know who has a handset.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: That's why we say handset instead of the person, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Now, with respect to your analysis, that's also believing that the system — and when I say system, Tower A, Tower B, all the towers in Miami — that they're all working as they should be, right?
CHRISTOPHER CORBITT: That's part of it, yes.
MR. DECOSTE: That they're working normally?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Although it is rare — we saw it with Tower A — every now and then they go out of service.
MR. DECOSTE: It's rare, but they go out of service.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: It could be maintenance, right?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: It could be a storm, right?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Or it could just be electronics breaking?
CHRISTOPHER CORBITT: It could be, yes.
MR. DECOSTE: We've seen it for the past two weeks in this courtroom.
CHRISTOPHER CORBITT: We have.
MR. DECOSTE: You can get records of when things are maintenance or when they were down, right?
CHRISTOPHER CORBITT: Sometimes we can, yes.
MR. DECOSTE: Sometimes?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: We don't have it in this case, do we?
CHRISTOPHER CORBITT: We do not.
MR. DECOSTE: They were never obtained.
CHRISTOPHER CORBITT: They were not.
MR. DECOSTE: Nor were they requested?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: So again, we're assuming that this system was working normally.
CHRISTOPHER CORBITT: Again, looking — we know from the records the cell sites and sectors that were working, because those are the ones the handset was communicating with.
CHRISTOPHER CORBITT: Those in and of themselves tell us the approximate or general area that handset could be in, and is enough for us to make that determination. If we were trying to get extremely granular and take my general area and bring it down into something more specific, then that's the kind of information that we would want to do. But for our purposes, it's unnecessary.
MR. DECOSTE: When you say granular, what you're talking about is to get more detailed, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: So we could get more detailed with this information, but we've just chosen not to?
CHRISTOPHER CORBITT: In some cases it's possible. I would say that it is impractical to do. We've looked at hundreds, if not thousands, of different cell sites and sectors, and to obtain the information, to do drive tests, to do the software, the engineering — all the things that that requires — I would say is an impossible task in this case.
MR. DECOSTE: Sergeant, when is it more practical? When is it more reasonable than in a murder trial?
CHRISTOPHER CORBITT: I think it's always important. Anytime that we utilize the cell site information, it is important to do what we can. Again, for our purposes, and what we looked at — in knowing the cell sites that are used and knowing the places of interest, and we compare those continually with other known events, places where we knew people to be from other evidence — then we're able to corroborate that information. And that's the way that we use the records.
MR. DECOSTE: So you say because it works normally in other locations, it must have worked normally here on these dates?
CHRISTOPHER CORBITT: What I'm saying is that for the locations I analyzed — be it a residence or a hotel or whatever that location was — well within the coverage area of the cell site and sector that was utilized. And I don't really need to know more to evaluate that one location. That's all that I need.
MR. DECOSTE: Sergeant, I want to pull you back over to what we were talking about, which is maintenance records, outages, stuff like that. Now, you said that it would be cumbersome to get that — granular, I think, was your word, or I use detail — to get that detail, that it would be a big process.
CHRISTOPHER CORBITT: I don't know for sure those documents were available. And for us, we're not talking about just one day or one event. We were looking at weeks and months worth of events, and sometimes years worth of events, that encompass thousands and thousands of cell sites.
MR. DECOSTE: Sergeant, correct me if I'm wrong — you had two presentations here today, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: One of them was for a few days in June.
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: And the other was for a few days in July.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And we're talking about 10, 20, 30 towers on pretty much all of those dates between Miami and Tallahassee, right?
CHRISTOPHER CORBITT: You're looking at many more towers than that.
MR. DECOSTE: Okay. Just taking, for example, June 4th — you could have gotten, for the 10 towers down in Miami, to send a subpoena, say we want to find out on June 4th whether those towers were operational for the full day. That could have been done.
CHRISTOPHER CORBITT: There's a possibility that information exists, but we don't have it.
MR. DECOSTE: We do not.
MR. DECOSTE: It's changed gears during the course of this case.
MR. DECOSTE: For the years since it's happened, you've been in close communication, of course, with the investigators in your building at the Tallahassee Police Department, right?
CHRISTOPHER CORBITT: I have, yes.
MR. DECOSTE: And also the FBI?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: In fact, you've had frequent conversations with the FBI?
CHRISTOPHER CORBITT: Well, I think, as you said, immediately after the incident and for the first, you know, years of the investigation, yes, absolutely. That has certainly trailed off, you know, after.
MR. DECOSTE: You would agree frequent conversations, though, at some point?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: More towards the beginning?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Before the arrests were made?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: And that information was then put into reports written by your colleagues at the Tallahassee Police Department, right?
CHRISTOPHER CORBITT: It was.
MR. DECOSTE: And also the FBI?
CHRISTOPHER CORBITT: I believe so, yes.
MR. DECOSTE: In what's called their 302 reports?
CHRISTOPHER CORBITT: I believe so, yes.
MR. DECOSTE: You, being a sergeant, many years on the force, married to a prosecutor — you then know that those reports, once arrests are made, are given over to defendants?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: Like Luis Rivera?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: Correct me if I'm wrong — you gave detailed, step-by-step-by-step, the direction of calls, the locations, all of that, to be put into reports for discovery in this case?
CHRISTOPHER CORBITT: I certainly provided all of that information to the investigators.
CHRISTOPHER CORBITT: What they chose to document, or what was necessary to document to establish probable cause — that's their determination.
MR. DECOSTE: But it's your understanding that they put all your details into reports that were later given to Luis Rivera?
CHRISTOPHER CORBITT: They didn't put all my details in, but they certainly did put at least some in.
MR. DECOSTE: If you could go to — now, I'm going to refer to what you've presented here as presentation one and two. Presentation one is for June, yes? Presentation two is for July.
CHRISTOPHER CORBITT: For me, they're all one presentation. They just happen to have been printed in two sections for you. That's all.
MR. DECOSTE: That's fine. I'll make it easier. If you can go to the June stuff, okay — pages 11 through 12. Start with page 11, please.
CHRISTOPHER CORBITT: And I'm not sure exactly which page 11 is. Again, I'm on—
MR. DECOSTE: Our — our side, we have a PDF, so we get paid now.
MR. DECOSTE: Your — Your testimony was that Ms. Magbanua's handset — we use the area of Miami Beach — travels over to Comfort Rent-A-Car, right?
CHRISTOPHER CORBITT: To the area, yes.
MR. DECOSTE: And you know the relevance of that to this case?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Because a car was rented at Comfort Rent-A-Car?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: All right. And using your language, it's consistent with her being in the area of a tower around 8:53 and 8:58, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: You can zoom in.
CHRISTOPHER CORBITT: It could be, yes.
MR. DECOSTE: The father of your children, to go rent a car, right?
CHRISTOPHER CORBITT: Could be, yes.
MR. DECOSTE: No information here that ties her then to a murder?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And you wouldn't conclude that, would you?
CHRISTOPHER CORBITT: I would not.
MR. DECOSTE: If you can go three — three slides forward.
MR. DECOSTE: It's a slide that had a Geico.
MR. DECOSTE: There we go. Geico insurance.
MR. DECOSTE: Now, of course, you know that it's Geico insurance because you took the 800 number and you ran it and you found out.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Who do you have for insurance?
CHRISTOPHER CORBITT: Who do I have? Progressive.
MR. DECOSTE: All right. Now, you know, like most of these big companies, that those calls are recorded, right?
CHRISTOPHER CORBITT: I — they could be, yes.
MR. DECOSTE: No subpoena sent to Geico to find out what was going on — no subpoena sent to Geico to find out what was going on in that phone call, right?
CHRISTOPHER CORBITT: I did not. I'm not aware of a subpoena sent for that particular phone call.
MR. DECOSTE: All right, let's go three slides forward. I think there's one about Rivera's residence, and we can use that one. Who told you that's Rivera's residence?
CHRISTOPHER CORBITT: The investigators in the case.
MR. DECOSTE: Which investigator?
CHRISTOPHER CORBITT: Isom and Sanford.
MR. DECOSTE: Didn't tell you whose residence that actually is?
CHRISTOPHER CORBITT: Jessica Rodriguez.
MR. DECOSTE: Then why doesn't it say Jessica Rodriguez up there?
CHRISTOPHER CORBITT: Because the information given to me is that's where Mr. Rivera was staying.
MR. DECOSTE: If you could go forward, it's the one with the citation for Luis Rivera.
MR. DECOSTE: This isn't the only place in this case where this address shows up, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: It repeats itself more in the discovery in this case than him staying at Jessica Rodriguez's house, right?
CHRISTOPHER CORBITT: As far as — again, the information given to me by the investigators is based upon their interviews, their research, their information. And regardless of what is listed on a driver's license or listed on an application, where he's physically laying his head at night is determined by more than just paperwork.
MR. DECOSTE: Punch in the Normandy address on your computer so that we can see that.
CHRISTOPHER CORBITT: You'll need to mute me first, please.
CHRISTOPHER CORBITT: So this is a clean map, but this would be the address listed for the 1805 Normandy Drive.
MR. DECOSTE: If you could zoom up.
MR. DECOSTE: Zoom back in just a little bit. Keeping in the bottom right here. Correct me if I'm wrong — that's where Katherine Magbanua lives?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: All right. So fast-forwarding, in your direct examination, at one point in time you were asked about Charlie Adelson's whereabouts on July 15th.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And that he was in — the prosecution emphasized that.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Yes. These towers are miles apart, right?
CHRISTOPHER CORBITT: Yes, they are. Yes.
MR. DECOSTE: Where does Maria Rivera live? His sister?
CHRISTOPHER CORBITT: I do not know.
MR. DECOSTE: You're not aware that she lives in the same neighborhood?
CHRISTOPHER CORBITT: I'm not.
MR. DECOSTE: What about Luis Rivera's mother?
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: What about the mother of his other children?
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: Would you agree with me that the information that you have as to the whereabouts of Charlie Adelson on 7/15 is also consistent with him being at Luis Rivera's house?
CHRISTOPHER CORBITT: Certainly the address — this Normandy Drive address — could not be excluded from that cell site. That's correct.
MR. DECOSTE: So it is consistent with him being at that address?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Give me a second, Geronimo. I'm going to get another page number here.
MR. DECOSTE: And for me, it's the ninth slide.
MR. DECOSTE: Again, I'm sorry, my presentation doesn't have page numbers.
MR. DECOSTE: It is?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: This isn't accurate for all the communications by all these people for those days.
CHRISTOPHER CORBITT: That's correct. It is filtered down to the persons of interest.
MR. DECOSTE: She may have?
CHRISTOPHER CORBITT: Yes, we can certainly go back to the raw records and look at those.
MR. DECOSTE: What's been done here is that you have the records of Charlie Adelson, Katherine Magbanua, Sigfredo Garcia, and you're pulling the bits and pieces and then stacking them together — the other communications that they're having — to make it look like one after the other after the other after the other are the communications that are happening?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: There were Now, at one point in direct examination you said that certain communications on July 14th and 15th were consistent with her having dinner with Charlie Adelson.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And again, you get that language, you get that statement, because you also have all of his iMessages for around that time.
CHRISTOPHER CORBITT: I don't know if we have all of them, but we certainly have a significant number.
MR. DECOSTE: Now, none of these phone calls are recorded.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: You don't know what's being talked about.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: But these text messages help put into context some of those communications.
CHRISTOPHER CORBITT: They do.
MR. DECOSTE: Anything's going on here, right?
MR. DECOSTE: There's a whole bunch of other communications that Katherine Magbanua was having that day that aren't in that summary, right?
CHRISTOPHER CORBITT: That's correct.
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: Do you have anything to present to this jury that shows any other days, random days, as to the type of communications that were being had in between Katherine Magbanua and Sigfredo Garcia, and Katherine Magbanua and Charlie Adelson?
CHRISTOPHER CORBITT: Certainly, we have all of her records. We can look at any of that.
MR. DECOSTE: Now those records, they begin in May of 2014, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: You remember that prior to your examination, I provided over to you some parts of those call records to take a look at them, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: I'm handing you what's been pre-marked as Defense Exhibit 8. You know what that is, right?
CHRISTOPHER CORBITT: I do.
MR. DECOSTE: That's one of the spreadsheets that I gave you with the State's evidence, right?
CHRISTOPHER CORBITT: It is.
MR. DECOSTE: You've had a chance to review that?
CHRISTOPHER CORBITT: I have. I have the records themselves, yes, sir.
MR. DECOSTE: And it accurately reflects what's in the records, right?
CHRISTOPHER CORBITT: Uh, it does, yes.
MR. DECOSTE: And the one that I've just handed you is in the same or substantially the same condition as the one that you have, right?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: You have to move in with some free one.
MR. DECOSTE: Now, Sergeant, May 1st. It is?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Now, that wasn't a date of interest for this case, was it?
CHRISTOPHER CORBITT: I do not know that it was.
MR. DECOSTE: That's two and a half months before the murder, correct?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: No indication that anything was going on that day?
CHRISTOPHER CORBITT: None that I'm aware of.
MR. DECOSTE: No request from the State to look, right?
MR. DECOSTE: Done here, is it?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: Sigfredo Garcia?
CHRISTOPHER CORBITT: Yes.
CHRISTOPHER CORBITT: Yes, there is back and forth communication.
MR. DECOSTE: No different than the dates in June, the dates in July?
CHRISTOPHER CORBITT: Only different in time, duration.
CHRISTOPHER CORBITT: But yes, there is regular communication between them.
MR. DECOSTE: Where Katherine will talk to Sigfredo the following day, hang up the phone, call Charlie Adelson, the guy she's dating, then maybe communicate — communicate back with Sigfredo, Mr. Garcia, communicate back with Mr. Adelson. That's normal throughout all the call activity that you have for her, right?
CHRISTOPHER CORBITT: Again, there are a number of communications back and forth between all of them, but —
MR. DECOSTE: There's nothing peculiar about the activity on the dates in June and July when compared to other random dates, right?
CHRISTOPHER CORBITT: Again, none that I'm aware of.
MR. DECOSTE: June stuff, you had a slide that showed the drive in June. Remember that?
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: Can you pull that one up?
CHRISTOPHER CORBITT: You mean the overall drive?
MR. DECOSTE: I'm sorry.
CHRISTOPHER CORBITT: You mean the overall drive, this one?
MR. DECOSTE: That's the one. Okay.
MR. DECOSTE: Correct me if I'm wrong. This shows that there's a believed trip between 12 a.m. and 3 — what time? No, 3 a.m. to 12 a.m. What's the timeframe of this trip?
CHRISTOPHER CORBITT: Well, we have an event at 1:40 a.m. That would be consistent with the North Miami area, and then by 3:13 they're well onto Alligator Alley on 75, and that — yes.
MR. DECOSTE: And to finish your answer, that handset arrives in Tallahassee around 12:38 p.m. What's the span of the trip?
CHRISTOPHER CORBITT: There's a lot going on between the government and I didn't hear — there would be at least eight, 10 hours.
MR. DECOSTE: What's the start time?
CHRISTOPHER CORBITT: The start time is somewhere after 1:40 and prior to 3:13.
MR. DECOSTE: And arrival time was 12:38 p.m. I'm handing you what's been marked as Defense seven. You know what that is, right?
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: That's not the spreadsheet that I gave you for Katherine Magbanua's call records?
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: And those are the call records around the time of that trip, right?
CHRISTOPHER CORBITT: They are, yes.
MR. DECOSTE: And those are in the same or substantially same condition they were in when you last reviewed them, right?
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: Move in Defense 7.
CHRISTOPHER CORBITT: You do have a call that's repeating here.
CHRISTOPHER CORBITT: You've actually copied the captured the top two rows instead of just the top one.
PROSECUTION ATTORNEY: Based on the testimony, the document is not —
MR. DECOSTE: Sergeant, the copy that I gave you, did it have that line on it?
CHRISTOPHER CORBITT: I believe so. I don't have that in front of me. And just looking at the calls, it appears just that the top call, the very first call on this list, repeats across the pages.
CHRISTOPHER CORBITT: Other than that, it would appear to be correct.
MR. DECOSTE: Sergeant, do you have a pen on you?
CHRISTOPHER CORBITT: I do.
CHRISTOPHER CORBITT: Yes, sir.
JUDGE HANKINSON: It will be admitted. Defense 7, defendant Magbanua, 7.
MR. DECOSTE: Sergeant, the government on your direct examination asked you about some statements made by Luis Rivera with respect to Wendi Adelson. Do you remember that?
CHRISTOPHER CORBITT: I do, yes.
MR. DECOSTE: Now, you also know the testimony by Luis Rivera that he says that on trip one up to Tallahassee, that Sigfredo was constantly on the phone with Katherine Magbanua, right?
CHRISTOPHER CORBITT: I'm not aware of that specific statement, no.
MR. DECOSTE: If you could, taking a look at Defense 7, show me any phone calls during that trip between Sigfredo Garcia's phone and Katherine Magbanua's phone.
MR. DECOSTE: On the 4th at 9:55, you have calls. Sergeant, between the start time and the finish time?
CHRISTOPHER CORBITT: Sorry, I do not. I see 9:55 a.m. would be in there.
MR. DECOSTE: So the 9:55 a.m. outbound call is that one phone call?
CHRISTOPHER CORBITT: I believe so, in the time frame that you're asking about, yes.
MR. DECOSTE: Is there a second phone call?
CHRISTOPHER CORBITT: I do not see one, again, in the time frame.
MR. DECOSTE: What is the duration of that one phone call?
CHRISTOPHER CORBITT: 29 seconds.
MR. DECOSTE: Would you consider that to be constantly on the phone in a — what — eight-hour drive?
CHRISTOPHER CORBITT: I would not.
MR. DECOSTE: It's a lot of 16th through the 18th side.
MR. DECOSTE: Sergeant, I'm handing you what has been pre-marked as Defense 9.
MR. DECOSTE: You know what that is, right?
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: Those are the same type of records for the trip between July 16th and July 18th?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And those are in the same or substantially same condition they were in the last time you saw it?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: In Defense 9 — move in Defense 9, Your Honor.
JUDGE HANKINSON: Sir, objection?
JUDGE HANKINSON: There you go. All right, it will be admitted.
MR. DECOSTE: Sergeant, since you're aware of some of Luis Rivera's testimony, are you aware of the testimony that he gave that the day before the murder —
JUDGE HANKINSON: Right. Sustained.
MR. DECOSTE: Are you aware of Luis Rivera's information that he gave prior to his testimony at trial about seeing Wendi Adelson on Trescott Drive?
CHRISTOPHER CORBITT: I am aware of, yes.
MR. DECOSTE: And that specifically he said prior to his testimony that after seeing her, he had a conversation with Sigfredo Garcia, and that before noon that day, which would be Did you need some other?
MR. DECOSTE: Were you trying to signal something? Oh, the day before, which would be July 17th — that he said that Sigfredo called Katherine before noon that day.
CHRISTOPHER CORBITT: I'm not aware of that. I am aware of the reported sighting of Ms. Adelson. I was asked to evaluate location information for that possibility.
CHRISTOPHER CORBITT: I'm not aware of any subsequent state of communication.
MR. DECOSTE: Now, again, the records that you have in front of you, those are the government's exhibit. We've color-coded it so that you can easily identify the phone numbers, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Were you asked by this government to find out if Sigfredo Garcia actually called Katherine Magbanua before noon on July 17th, like he said?
CHRISTOPHER CORBITT: I do not recall being specifically asked that, no.
MR. DECOSTE: Can you do that for us here today, now?
CHRISTOPHER CORBITT: I can, yes.
MR. DECOSTE: Is there a phone call from Sigfredo Garcia to Katherine Magbanua on July 17th before noon?
CHRISTOPHER CORBITT: Not in these records, no.
MR. DECOSTE: No. You say not in these records. Are there other records that would more accurately reflect Ms. Magbanua's cell phone records on that day?
CHRISTOPHER CORBITT: No, there's not. For this particular phone, these particular records, there's not.
MR. DECOSTE: No phone call from Sigfredo Garcia to Katherine Magbanua before noon on July 17.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Your second here, sir.
MR. DECOSTE: Fortunately, we didn't have these before today, so I've got to find the page and show it to you.
MR. DECOSTE: The—
CHRISTOPHER CORBITT: Very first one, yes.
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: I'm also handing you the pre-marked Defense 10. You know what that is, right?
CHRISTOPHER CORBITT: I do, yes.
MR. DECOSTE: Those are the call detail records of July 19th, 2014?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Color-coded the same way as the exhibits we've just shown you?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: You reviewed them prior to the deadline?
CHRISTOPHER CORBITT: I did, yes.
MR. DECOSTE: And they're in the same or substantially the same condition that they were in the last time you saw them?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: They're the same records, right?
CHRISTOPHER CORBITT: They are.
JUDGE HANKINSON: Ms. Norris, I asked you a question.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: You're aware that Luis Rivera has said, prior to his testimony, that on the morning of July 19, Katherine Magbanua was here.
CHRISTOPHER CORBITT: I am aware of that, yes.
MR. DECOSTE: Now, Ms. Norris asked—
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: But what you didn't talk about calling Katherine Magbanua.
CHRISTOPHER CORBITT: That's— There was—
MR. DECOSTE: I can ask it again.
MR. DECOSTE: Who called who first?
CHRISTOPHER CORBITT: Mr. Rivera called her cell phone first. Not the other way around.
MR. DECOSTE: Not the other way around. Not like what Luis Rivera said.
CHRISTOPHER CORBITT: Well, I know generally what he said. I don't know the specifics of a statement, but as far as the records are concerned, what we see here, the first contact is from Rivera to Magbanua.
MR. DECOSTE: And you agree with me that Ms. Norris didn't ask you about that?
CHRISTOPHER CORBITT: I don't believe she did.
MR. DECOSTE: At Ms. Magbanua's location with respect to — I was going to say Rivera's residence, but it's actually Jessica Rodriguez's residence — on the morning of July 19.
MR. DECOSTE: If you could pull that up. And this is in between the times of 10:02 and 10:31.
CHRISTOPHER CORBITT: So the 10:02 are in this one — would be the 10:02 events. If you're talking about the 10:31 event, it is this one. Actually, let's go to a different one.
MR. DECOSTE: And you testified that Charlie Adelson's—
CHRISTOPHER CORBITT: That's correct, I assume so, yes.
MR. DECOSTE: Leaving Mr. Adelson's house the morning that Luis Rivera says that—
CHRISTOPHER CORBITT: Yes, I do not know.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: —very close to the Adelson Institute.
MR. DECOSTE: Which is also north. Charlie Adelson lives, right?
CHRISTOPHER CORBITT: Further north than that. Yes, this is fine.
MR. DECOSTE: Why didn't you put these other addresses in there?
CHRISTOPHER CORBITT: The address I was asked to look at was Mr. Adelson's, to see if that address was one that could be consistent with where she was coming from. And that's what's on the map, passed by the morning—
MR. DECOSTE: —of July 19th, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: More than patients that are out there on that slot, right?
CHRISTOPHER CORBITT: We do, yes.
MR. DECOSTE: You're aware that Mr. Rivera says that before the phone calls he was at a barbershop on Biscayne Boulevard, right?
CHRISTOPHER CORBITT: I'm aware that he was at a barbershop. On Biscayne Boulevard.
CHRISTOPHER CORBITT: I don't know the exact address of the barbershop. My understanding is that it's extremely close to his residence.
MR. DECOSTE: So the residence that you have up there is Rivera's residence, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: You have his cell phone records though, right?
CHRISTOPHER CORBITT: We do, yes.
MR. DECOSTE: And you were able to run his exact location that morning?
CHRISTOPHER CORBITT: Exact to the point of communicating with the cell site. I mean, it's a general area that I'm offering he may be in.
MR. DECOSTE: You have his cell phone records for the morning of July 19th?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Just like my client's approximate location?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And his approximate location was not over in Miami, Normandy, Iowa, right?
CHRISTOPHER CORBITT: I apologize.
MR. DECOSTE: Which phone call started?
CHRISTOPHER CORBITT: I mean, he was earlier — the first events we have for these — then yes, I do believe that he is in a location consistent with where he was staying.
CHRISTOPHER CORBITT: After these phone calls, it will be consistent with his handset moving away from that area.
CHRISTOPHER CORBITT: To be clear, during these phone calls we're looking at here, I do believe that he was near his residence.
MR. DECOSTE: When these phone calls start with Ms. Magbanua, he's on Normandy Isle, correct?
CHRISTOPHER CORBITT: Specifically between Mr. Rivera and Ms. Magbanua, yes.
MR. DECOSTE: Not at a barber shop over on Biscayne Boulevard?
CHRISTOPHER CORBITT: Uh, that's correct, that—
MR. DECOSTE: App with Ms. Magbanua, that he and then Sigfredo Garcia go back to the barbershop.
MR. DECOSTE: You're aware of that.
CHRISTOPHER CORBITT: Not specifically, the data that you have being in the general vicinity of Rivera.
CHRISTOPHER CORBITT: I have not plotted that; I was not asked to evaluate further into the day than this.
CHRISTOPHER CORBITT: But as I recall, his handset remains fairly consistent around his house, at least in the time frame we're looking at here.
MR. DECOSTE: So This starts the 10:31 and — or, I mean, sorry, the 10:02, that's—
CHRISTOPHER CORBITT: Correct.
CHRISTOPHER CORBITT: That's one of the locations, yes.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: All the data and the technology you have, you cannot say that at any point in time the handsets — not just talking about the people, but the handsets — of Luis Rivera and Katherine Magbanua were at the same place at the same time.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Mr. Garcia, he had been gone for a couple of days, right?
CHRISTOPHER CORBITT: Could be.
MR. DECOSTE: It's also consistent with Luis Rivera lying, right?
MR. DECOSTE: You were asked questions about phone calls in between Ms. Magbanua's phone, June — 5th and July 5th.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And it is your belief, that's your understanding, that that is Luis Rivera's phone?
CHRISTOPHER CORBITT: It is my understanding that it was a previous phone number for him.
MR. DECOSTE: All right, now, the way that you guys know that — when I say "you guys," we're talking—
CHRISTOPHER CORBITT: —in response — We did subpoena documents from Apple, yes — or by subpoena or search warrant, yes.
CHRISTOPHER CORBITT: I did not receive those. I'm not sure now.
MR. DECOSTE: Take a look at Agent Sanford's report.
MR. DECOSTE: What would help him? I mean, is this something you've dealt with before?
CHRISTOPHER CORBITT: It is not, sir. I did not submit.
JUDGE HANKINSON: I don't know why we're asking this witness. He said he didn't request them. He didn't receive them. I'm not sure why this witness is being asked about these records, about this phone number that you have in your hand.
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Are you sure that that phone number actually belongs to Luis Rivera?
CHRISTOPHER CORBITT: No, I'm not. I was advised by the investigators, who may have been the ones who obtained that document, that that was a phone number that was previously used by Mr. Rivera.
MR. DECOSTE: And the number that they gave you was 305-934-6615.
CHRISTOPHER CORBITT: Let me double-check that.
CHRISTOPHER CORBITT: 305-934-6615.
MR. DECOSTE: And that's the phone number that shows up in Katherine Magbanua's cell phone records, or her call detail records, for June 5th and July 17th?
CHRISTOPHER CORBITT: That is correct.
MR. DECOSTE: Are you aware that — who was surve—
CHRISTOPHER CORBITT: That was not the number I was provided.
MR. DECOSTE: That's a different phone number, right?
CHRISTOPHER CORBITT: It is, yes.
JUDGE HANKINSON: Is there a question?
MR. DECOSTE: Just getting that exhibit marked, Your Honor.
MR. DECOSTE: Sergeant, you were asked questions about iCloud information.
MR. DECOSTE: Do you remember that?
CHRISTOPHER CORBITT: Yes, I was.
MR. DECOSTE: Now, real briefly, if you could just explain to me.
MR. DECOSTE: You guys sent a subpoena out to Apple to get iCloud information for Charlie Adelson, right?
CHRISTOPHER CORBITT: It would have been a search warrant, but yes.
MR. DECOSTE: Now, you get that information back.
MR. DECOSTE: You use something called the Cellebrite Reader?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: To then interpret that data?
CHRISTOPHER CORBITT: I'm not sure if "interpret" is the right word, as opposed to make it presentable to us so that you can navigate it. That's correct.
MR. DECOSTE: And you reviewed it in this case, right?
CHRISTOPHER CORBITT: I reviewed portions of it, yes.
MR. DECOSTE: You were asked a question by Ms. Norris on direct examination if there was any evidence in that information of whether Sigfredo Garcia ever communicated with Charlie Adelson. You remember that?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And your answer was "not"—
CHRISTOPHER CORBITT: That's correct.
JUDGE HANKINSON: I'm going to need to talk with the attorneys about this. There's no sense in keeping y'all around. Y'all be offended if we broke a few minutes early? All right, see y'all tomorrow morning. Be back same time, same place. Don't discuss the case with anyone.
JUDGE HANKINSON: You can step down.
MR. DECOSTE: Can I add a note to that?
JUDGE HANKINSON: What's that?
MR. DECOSTE: Can I add something?
JUDGE HANKINSON: We're going to hear from everybody, right? So let me make sure I understand what you're saying. You're saying in the iCloud records of Adelson — Charlie Adelson — it includes the substance of text messages between Magbanua, your client, and Mr. Adelson, in which Adelson is saying he's talking to Mr. Garcia. Is that the sum and substance of what you're saying?
MR. DECOSTE: Correct, Your Honor. It begins with them — this is April 25th of 2014, weeks before the first trip to Tallahassee. The first text message from Katherine Magbanua to Charlie Adelson — this is the government's evidence that I'm reading from: "Did Tuto call your phone?" Answer from Charlie Adelson: "No answer." Actually, he did. Third answer: "He invited me to go deep-sea fishing." He was— Response from Katherine to Charlie Adelson: "I'm serious, he's fucking driving me crazy." Second response from Katherine Magbanua: "Is your cell phone listed online?" Response from Charlie Adelson: "I "
MR. DECOSTE: This all occurs on April 25th.
MR. DECOSTE: To add on that, the government, during their direct examination of Sergeant Corbitt, talked about how Sergeant Corbitt was able to access these same messages to determine that on 7/14 and 7/15 they were having dinner. This is the government's exhibit. They've tried to move it in before.
MR. DECOSTE: They've used it.
MR. DECOSTE: This is being used in the same fashion before this witness, because this witness said he reviewed all of this and that there is no evidence in there of communications between Sigfredo Garcia and Charlie Adelson.
MR. DECOSTE: Clearly, this impeaches.
JUDGE HANKINSON: Ms. Norris.
Video cuts out.
MS. NORRIS: "Is your cell phone listed online?" And he responds, no, he doesn't think it's online.
MS. NORRIS: So I think that to offer this, it is not impeachment, because Sergeant Corbitt said, "I found no direct evidence of communication between the two." The content of this defendant's self-serving statements about whether or not he called is not evidence, and I don't believe that's why Sergeant Corbitt — or, I do believe that's why he didn't consider it evidence of communication.
MS. NORRIS: And that's why I made my question about phone records and direct contacts in the Cellebrite — not Cellebrite, iCloud — between those respective parties.
MS. NORRIS: I think under 403, the probative value of this sarcastic exchange between the two is far outweighed by the danger of unfair prejudice, especially given the self-serving nature of it by Ms. Magbanua.
MR. DECOSTE: Got a brief response.
JUDGE HANKINSON: But Mr. Zangeneh, he has a stake in this, too. He can be heard.
MR. ZANGENEH: Thank you, sir.
MR. ZANGENEH: At this time, I've been instructed to withdraw my previous submission.
JUDGE HANKINSON: Let's have Sergeant Corbitt back up, if you would, please.
JUDGE HANKINSON: Clarify for me. You made some — and unfortunately, my notes aren't good enough. You can sit down. Sit down. Sorry. — about a meeting at a restaurant with Ms. Magbanua and Mr. Adelson. Do you remember what I'm talking about?
CHRISTOPHER CORBITT: Yes, sir, I do.
JUDGE HANKINSON: I don't remember the specifics of that. What do you recall about that?
CHRISTOPHER CORBITT: I believe it was the July 14th or 15th.
CHRISTOPHER CORBITT: That evening time, there was communication between Ms. Magbanua and Mr. Adelson back and forth, and then after that, there was communication with Mr. Garcia. So in trying to put some context to those communications, I did look at the iCloud for that night, and there's partial conversations about going out to dinner — "we can eat somewhere around here." There was a location given where they could go to dinner. Again, just to put context to what we were looking at.
JUDGE HANKINSON: These are the same records Mr. DeCoste is now talking about?
CHRISTOPHER CORBITT: That's correct, sir.
JUDGE HANKINSON: Well, I think the State's opened the door to this. You can't use part of them and then tell the defense they can't use the other part of them. If you specifically elicited that testimony, the lineup of what's in the iCloud records — I'll overrule the objection. Anything else we need to resolve? Yeah.
JUDGE HANKINSON: Once you put all the exhibits out, I don't want to hear about any more exhibits not being here.
JUDGE HANKINSON: Uh, we do have one other issue, just to muddy the waters a little bit more. You'll have to talk to Sergeant Gore, who's in the back, as to the specifics of who's told him what, but apparently it's been reported to him that two of the witnesses this morning violated the rule of sequestration by watching the other ones on the live stream while they were testifying.
JUDGE HANKINSON: I don't want to start discussing it; I'll let you all investigate what the situation is and who they're talking about. It does strike me now we've got three witnesses, conceivably, if we've had a sequestration problem. I'm going to remind everybody: it is your obligation to make sure your witnesses are told that they're under the rule of sequestration. If any of you have not specifically told your witnesses that, you need to make sure you do, because it's going to cause problems. And it appears perhaps there's a problem here. I'll let y'all look into that; we'll take it up at 8:30. I did want to comment on — I let in the tape this morning of the conversation between Ms. Johnson and Charlie Adelson.
JUDGE HANKINSON: I did want to indicate my reasoning for that. I understand that under normal circumstances it would be hearsay, but my assessment of it is that it was not being offered for the truth of the matter asserted. It was being offered to show the reaction to the request for Ms. Magbanua's records. Therefore, it's not hearsay. That was the basis of my ruling.
JUDGE HANKINSON: We'll see y'all at 8:30.