5.Christopher Corbitt — Direct/Cross (Recall 1)
1,777 linesMR. DECOSTE: No.
JUDGE HANKINSON: Call your next witness.
MS. NORRIS: The State calls Sergeant Chris Corbitt, recalls.
whereupon, CHRISTOPHER CORBITT was recalled as a witness, having been previously duly sworn, was examined and testified as follows:
JUDGE HANKINSON: You can have a seat, sir. You remain under oath.
CHRISTOPHER CORBITT: Yes, sir.
JUDGE HANKINSON: Just for the record purposes, state and spell your name again, please, sir.
CHRISTOPHER CORBITT: Certainly. It's Christopher Corbitt and that's C-O-R-B-I-T-T.
JUDGE HANKINSON: You need to make sure your computer is not blocking the microphone.
CHRISTOPHER CORBITT: Yes, sir. I'm sorry, that's a change from last time.
(Pause. )
JUDGE HANKINSON: We've been trying to get a little bit better sound in here so we put a new microphone in. we may need to adjust the placement of it a little bit. Anyway.
Are y'all ready?
MS. NORRIS: Is it ready?
MR. DECOSTE: Your Honor, unfortunately, can we go sidebar?
AT THE BENCH
MR. DECOSTE: My apologies, Judge, this just came up. I see the State has a new demonstrative for Sergeant Chris Corbitt. we dealt with this issue the other day, that we wanted copies of it. We were given a copy of the previous demonstrative, but they're using a new one that they haven't given us yet. We just want to have copies so that we know what's about to be presented to the jury.
JUDGE HANKINSON: Do you have a copy for them?
MS. NORRIS: I can e-mail them a copy, Your Honor. It is a visual representation to aid the jury. It's not being introduced into evidence.
JUDGE HANKINSON: well, they still have a right to see what you're presenting to the jury.
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: why wouldn't you give it to them in advance?
MS. NORRIS: Because I didn't have it. And it wasn't accurate, and I --
JUDGE HANKINSON: All right. E-mail it to them.
MS. NORRIS: Yes, sir.
IN OPEN COURT
MS. NORRIS: Are we ready?
JUDGE HANKINSON: Have you sent them the document?
MS. NORRIS: Yes, sir, I just did.
MR. DECOSTE: TI don't have it yet.
(Pause. )
MS. NORRIS: May I inquire?
JUDGE HANKINSON: Have you all received the document?
MR. ZANGENEH: Judge, I haven't. I'm refreshing my e-mail every two seconds.
MR. DECOSTE: I have it now.
JUDGE HANKINSON: Give Mr. Zangeneh a copy, please.
(Document provided to Mr. Zanganeh.)
JUDGE HANKINSON: In Florida, we have pretty broad discovery rules. Things are supposed to be shared with the other side before they're presented. So we're -- this is a little bit last minute, but they're being shown some documents they should have been given before. But, anyway, that's the slight delay. I'm sorry.
You can proceed.
MS. NORRIS: Thank you.
DIRECT EXAMINATION BY MS. NORRIS:
MS. NORRIS: Sergeant Corbitt, where we left off from there last time you 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 further analysis of those phone records for all the parties involved in this case provide additional information about potential prior trips to Tallahassee from Miami?
CHRISTOPHER CORBITT: Yes, it did.
MS. NORRIS: And what was that additional information based on?
CHRISTOPHER CORBITT: Mr. Rivera's phone records 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.
BY MS. NORRIS:
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, 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.
And what we saw was that, again, looking at the -- kind of the chronology of the cell sites that were utilized here, we can see a travel from Miami north to the Tallahassee area, 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: And so 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 any -- or whether we do have any records for Sigfredo Garcia for this same time frame?
MR. ZANGENEH: Objection, that's a hearsay response. It calls for a hearsay response.
JUDGE HANKINSON: Overruled.
BY MS. NORRIS:
MS. NORRIS: Go ahead.
CHRISTOPHER CORBITT: Yes. Actually, I can't answer the question. we do not have records with location information for Mr. Garcia for this time frame. The -- we do have records and we are able to see some activity and things like that with the 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 Metro PCS --
MR. ZANGENEH: Objection, Judge, calls for --
JUDGE HANKINSON: Overruled.
MR. ZANGENEH: -- a hearsay response.
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: Metro PCS 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.
BY MS. NORRIS:
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: And may I approach -- well, may I approach, Your Honor?
JUDGE HANKINSON: You may.
BY MS. NORRIS:
MS. NORRIS: I'm showing you what I've marked for identification as State's Exhibit 93. 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 of 2014?
CHRISTOPHER CORBITT: Yes, it does.
MS. NORRIS: I'm also showing you State's Exhibit 94. 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 into evidence what's been pre-noted as a summary, State's Exhibits 93 and 94.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: I'm sorry, Your Honor. It's a substantial demonstrative. I was going through it.
MS. NORRIS: No, it's just this.
MR. ZANGENEH: No objection to those two documents from Mr. Garcia.
MR. DECOSTE: No objection.
JUDGE HANKINSON: All right. 93 and 94 will be admitted.
(State's Exhibit Nos. 93 and 94 received in evidence. )
BY MS. NORRIS:
MS. NORRIS: Despite the lack of location information for 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?
MS. NORRIS: what type of information?
CHRISTOPHER CORBITT: I believe there was some witness information that indicated the two were together.
MR. ZANGENEH: Objection, Judge, calls for hearsay.
JUDGE HANKINSON: we're not going into the substance of what any witness said, please, sir.
CHRISTOPHER CORBITT: Absolutely.
MR. DECOSTE: Your Honor, we'd like to move for a Richardson hearing.
JUDGE HANKINSON: Move for a what?
MR. DECOSTE: A Richardson hearing.
JUDGE HANKINSON: On what he just said?
MR. DECOSTE: In review of the documents.
JUDGE HANKINSON: what documents are you talking about?
MR. DECOSTE: The ones that we were just handed.
MR. ZANGENEH: Yes, Judge, I'm going to join in on that request.
JUDGE HANKINSON: All right. Deny the request. Move on.
BY MS. NORRIS:
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. Don't answer it.
MS. NORRIS: Yes, sir.
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.
BY MS. NORRIS:
MS. NORRIS: And can we look at the information in detail on that Comfort Rent-A-Car agreement?
For the record --
JUDGE HANKINSON: What is the question?
MS. NORRIS: I'm sorry. For the record, this is in evidence as State's Exhibit 89.
BY MS. NORRIS:
MS. NORRIS: That rental agreement, was it dated on June 2nd, 2014?
CHRISTOPHER CORBITT: Yes, it was.
MS. NORRIS: And you have to go back one. 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 contact number for them.
MS. NORRIS: And if you could go to the next slide, did 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: 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?
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.
MS. NORRIS: And whose communication records did that information come from?
CHRISTOPHER CORBITT: we looked at Ms. Magbanua's records around the time that that rental would have been picked up. And her records do have location information. 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 the other day and is 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 on 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 would 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. 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: And, finally, from 8:53 p.m. to 8:58 p.m., her handset is communicating with a 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 rent-a-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.
CHRISTOPHER CORBITT: I'm sorry.
MS. NORRIS: I want you to go to the --.
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: All right. And -- okay.
So were you able to make it a little more readable for the jury?
MS. NORRIS: And can you show us that demonstrative, please?
So what time frame 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. time frame for any activity that was in the records.
MS. NORRIS: One of the previous location slides showed Magbanua's handset 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 10:00 time frame.
MS. NORRIS: That's not the time frame, yeah.
CHRISTOPHER CORBITT: 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.
BY MS. NORRIS:
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?
MS. NORRIS: which one?
CHRISTOPHER CORBITT: The 9:17 call is a 25 -- 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, yes.
MS. NORRIS: 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 -- well, strike that.
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 is -- can you show us a demonstrative of that on the map?
CHRISTOPHER CORBITT: Yes. And these are the remainder of the events and the records that have locations, and, again, would be consistent with travel back towards the east.
MS. NORRIS: So while traveling east, that's when we have her -- or her handset communicating with Charles Adelson?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: So 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: Are 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 a Richardson hearing for. If we could approach sidebar?
JUDGE HANKINSON: All right.
AT THE BENCH
JUDGE HANKINSON: Is somebody going to show me what you have?
MR. ZANGENEH: Judge, I'm going to join in --
JUDGE HANKINSON: Wait a minute, wait a minute, wait a minute. What are we talking about first?
MR. DECOSTE: Your Honor, contained in the next two slides -- and I understood that it was confusing the first time I moved for a Richardson hearing -- is a citation for Sigfredo Garcia that we have never, ever been given in discovery. This is -- I'm used to this type stuff in federal court when I'm getting handed stuff during direct examinations, but not State court.
JUDGE HANKINSON: Well, we're not going to get into it at this point.
This was never given in discovery?
MS. NORRIS: I'm having Ms. Cappleman check on it because she did all the discovery in this case.
JUDGE HANKINSON: well, move on to something else at this point.
IN OPEN COURT
BY MS. NORRIS:
MS. NORRIS: Now if you could skip the next few.
Can you take me back to where we last were with the location of Rivera's handset? Now 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 Sonata.
MR. ZANGENEH: Objection, Judge. He's making a legal conclusion that the car was replaced. There's no evidence specifically --
JUDGE HANKINSON: we're not going to get into speaking objections, Mr. Zangeneh.
MR. ZANGENEH: I apologize, Judge.
JUDGE HANKINSON: I'll overrule the objection.
BY MS. NORRIS:
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. If you could show me a map of that.
CHRISTOPHER CORBITT: Again, we see the use of cell sites that would 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: Yeah.
JUDGE HANKINSON: That's what we were skipping over.
MS. NORRIS: This is different, Judge.
JUDGE HANKINSON: Oh, this is the one in Gainesville?
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: Okay.
BY MS. NORRIS:
MS. NORRIS: 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: Oh, you did the close-up; thank you.
And then can you show us where that traffic citation was issued in relation to the remainder of the trip up to Tallahassee?
(Document displayed.)
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.
BY MS. NORRIS:
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 would be consistent with the Budget Inn hotel.
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, do 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 amount of 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 misstate what an expert is saying, please.
MS. NORRIS: Yes, sir.
BY MS. NORRIS:
MS. NORRIS: what did you learn about the handset in relation to Budget Inn?
CHRISTOPHER CORBITT: In the time frame 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 would be consistent with servicing the Budget Inn. There were other events and other activities, but there are a significant number here on this particular cell site.
MS. NORRIS: was there any other information you had to indicate the location of the Comfort Rent-A-Car in relation to the Budget Inn?
CHRISTOPHER CORBITT: we did. The Comfort Rent-A-Car 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: Was 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 the 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.
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. And we see that there was an incoming phone call at 3:24 from Comfort Rent-A-Car.
MS. NORRIS: And this line item 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: Twenty-one seconds. 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 the -- Mr. Rivera's records indicate about his handset's movement?
CHRISTOPHER CORBITT: 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 additional location at 5:38 p.m. and, again, 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 reached the Miami area just after midnight.
MR. ZANGENEH: Objection, as to classification of day, Judge. He's speculating.
JUDGE HANKINSON: Overruled.
BY MS. NORRIS:
MS. NORRIS: You said just after midnight on what date?
CHRISTOPHER CORBITT: 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 4th through July 6th, 2014?
MR. DECOSTE: Objection, Your Honor, classification of communication between people versus handsets.
JUDGE HANKINSON: Clarify that, please.
MS. NORRIS: Yes, sir.
BY MS. NORRIS:
MS. NORRIS: Were there any communications between Katherine Magbanua's handset and Sigfredo Garcia's handset during the June 4th through 6th time period?
CHRISTOPHER CORBITT: Yes, there was.
MS. NORRIS: Now once -- strike that.
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 relative 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 8:45 a.m. where Mr. Rivera's handset is located?
CHRISTOPHER CORBITT: we only have events 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.
BY MS. NORRIS:
MS. NORRIS: Okay. The rental car on June 6th pings around 9:00 a.m. Later on that same day -- were we able to examine communication records for Katherine Magbanua's handset the evening after the GPS shows the vehicle at that location?
JUDGE HANKINSON: That was so convoluted, Ms. Norris. Let's ask a simple question, please, that somebody might understand.
MS. NORRIS: Yes, sir.
BY MS. NORRIS:
MS. NORRIS: Did you examine Katherine Magbanua's phone records the evening of June 6th?
CHRISTOPHER CORBITT: Yes, I did.
MS. NORRIS: And what do they show?
CHRISTOPHER CORBITT: 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.
MS. NORRIS: what time frame are you talking about for communication, if you could go back just briefly? I'm sorry.
CHRISTOPHER CORBITT: This would be beginning about 4:30 in the afternoon.
MS. NORRIS: All right. And chronologically, if we're looking at this demonstrative mapping the location, would we start right to left?
CHRISTOPHER CORBITT: we would, yes.
MS. NORRIS: And then do you have a close-up of the events consistent with Comfort Rent-A-Car for Katherine's handset?
MS. NORRIS: During the five -- 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.
BY MS. NORRIS:
MS. NORRIS: what is the next significant phone event that we have chronologically in this case after this June trip?
CHRISTOPHER CORBITT: 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.
MS. NORRIS: And that was the -- and if I recall, the significance was 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 --
JUDGE HANKINSON: Remind us what the date of this is.
MS. NORRIS: Oh, July 1 of 2014.
JUDGE HANKINSON: I think we'll let the witness testify.
MS. NORRIS: Yes, sir.
CHRISTOPHER CORBITT: Yes, sir. This is the afternoon of July 1st of 2014.
BY MS. NORRIS:
MS. NORRIS: At what time?
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, there's actually -- this is from Mr. Adelson's raw call detail records. And there's really three events that compromise this -- or comprise this one phone call.
And what we see initially -- and hopefully you guys 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 the little M to the big M.
And then the vmMc indicates voice mail, that that call was routed to voice mail, Mr. Adelson's voice mail. The next two events are showing that routing to the voice mail. 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?
MS. NORRIS: And when did that --
MR. ZANGENEH: Judge, I'm going to object to the classification of two handsets.
JUDGE HANKINSON: We're going to quit doing speaking objections, Mr. Zangeneh.
MR. ZANGENEH: Misrepresenting -- misstating the facts then, Judge.
JUDGE HANKINSON: Overruled.
BY MS. NORRIS:
MS. NORRIS: Did you answer? I couldn't hear.
JUDGE HANKINSON: That may be kind of legalese to y'all.
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. So that's what I'm talking about. we're not supposed to have speaking objections, so you understand what's going on.
BY MS. NORRIS:
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 -- was that based on?
Did you say June just now?
CHRISTOPHER CORBITT: I believe that I did; that's 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 they do 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 this 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?
MS. NORRIS: In July, 2014?
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 of 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 9:00 in the morning, he makes an outgoing call to 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: So did that -- 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 and to 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 in this case, about Charlie Adelson's activities this evening of July 14th?
CHRISTOPHER CORBITT: Yes. I believe that he and Ms. Magbanua met that evening.
MR. DECOSTE: Objection, speculation.
JUDGE HANKINSON: Overruled.
MS. NORRIS: You can answer.
CHRISTOPHER CORBITT: I did. TI 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.
BY MS. NORRIS:
MS. NORRIS: And -- strike that.
Does the location information for Charles Adelson also showing -- strike that. Excuse me.
Does Charlie Adelson's phone records show him at his residence and then going to Katherine Magbanua's residence, or his handset?
MS. NORRIS: And based on Charlie Adelson's records, where does he appear to be by 1:00 a.m. on July 15th, 2014?
CHRISTOPHER CORBITT: He has departed the area of Ms. Magbanua's residence.
MS. NORRIS: were 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 is 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 can you show us the next slide with Mr. Garcia's call records?
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 the call from Mr. Garcia to Save Gas, 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 in evidence the Hybrid rental for this July trip?
MS. NORRIS: Based on that rental agreement, were you able to ascertain the location of the Hybrid Rent-A-Car company?
CHRISTOPHER CORBITT: Yes. Hybrid Rent-A-Car is -- has a Biscayne Boulevard address, which we'll see in just a second.
MS. NORRIS: And 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, you show that. That's also directly from the Hybrid rental agreement?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Okay. 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?
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, would 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. 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 is 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: So from the exact raw records you've just narrowed it down to 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 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 --
MS. NORRIS: -- of call activity?
JUDGE HANKINSON: Let's take a short break. we'll take ten minutes. Let's stay in session.
(Jury excused from the courtroom at 1:52 p.m.)
JUDGE HANKINSON: Be seated. 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: 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 No. A20B-1NE. The actual UTC picture itself I do not believe was discovered, or we can't find it.
JUDGE HANKINSON: when did we provide the driving records?
MS. NORRIS: June 11th of 2019.
JUDGE HANKINSON: But it did not include the ticket in State's Exhibit 122?
If Ms. Cappleman did the discovery, why don't we hear from Ms. Cappleman instead of her relaying you messages.
MS. CAPPLEMAN: I don't really know all the answers to Your Honor's questions yet, but the discovery --
JUDGE HANKINSON: All right. well, we'll let you continue to research it.
MS. CAPPLEMAN: Okay.
JUDGE HANKINSON: we'll be in recess.
(Recess taken from 1:55 p.m. to 2:08 p.m.)
JUDGE HANKINSON: Let's have the jury, please.
(jury returned to the courtroom at 2:08 p.m.)
JUDGE HANKINSON: Everybody be seated, please.
You may resume, Ms. Norris.
MS. NORRIS: Thank you, Judge.
BY MS. NORRIS:
MS. NORRIS: Sergeant Corbitt, did you examine Sigfredo Garcia's handset's call activity after the rental of the Hybrid Prius at 6:15 p.m. until the communication ceased at 9:30 p.m.?
CHRISTOPHER CORBITT: I don't know if I started exactly at 6:15, but looking at events just prior to 9:30, yes.
MS. NORRIS: And what did the location of those events demonstrate, if you could show us a visual of that?
CHRISTOPHER CORBITT: So these are the cell sites that were communicated with by Mr. Garcia's handset for, again, about an hour or so before that 9:30 time frame.
MS. NORRIS: And where did the handset appear to be the hour prior to the 9:30 event?
CHRISTOPHER CORBITT: well, there are a number of locations it could be, but the location of his residence with Ms. Carmona is one possible location.
MS. NORRIS: So it's consistent with that location?
CHRISTOPHER CORBITT: It could be, yes.
MS. NORRIS: And then after these events, consistent with Stefanie Carmona, or Shrimp's residence, what do our later events tell us for Mr. Garcia?
CHRISTOPHER CORBITT: So the events after 9:30, in looking at the cell sites and sectors, would be more consistent with Ms. Magbanua's residence.
MS. NORRIS: For what time periods?
CHRISTOPHER CORBITT: Beginning at 9:30 and running through at least about 10:40.
MS. NORRIS: And that's the same time the communication between the two of them, meaning Mr. Garcia and Ms. Magbanua, ceased?
CHRISTOPHER CORBITT: Yes. There was a number of communications back and forth up until 9:30. And then this will be the locations of his handset after 9:30.
MS. NORRIS: where is Ms. Magbanua's handset at that same 9:30 and on time frame?
CHRISTOPHER CORBITT: Fewer events, but her handset would also be consistent with her residence.
MS. NORRIS: Are those demonstrated here in the red or purplish color?
MS. NORRIS: In this case, did you also have access to the Spireon GPS location information for the Prius rental car?
CHRISTOPHER CORBITT: Yes, we did.
MS. NORRIS: And 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 a little -- just after noon.
MS. NORRIS: Did you also have access to the SunPass toll records or transponder records in this case?
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 tollbooth?
MS. NORRIS: 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.
JUDGE HANKINSON: You kind of trailed off on me. 11:26 p.m. what?
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 would be consistent with the travel of the handsets.
BY MS. NORRIS:
MS. NORRIS: And what highway or interstate is that GPS ping located on?
CHRISTOPHER CORBITT: The GPS ping is located on I-10.
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 1:00 a.m. on July 17th?
CHRISTOPHER CORBITT: Again, as before, Mr. Rivera's handset is communicating with a cell site that would be consistent with servicing the area of the Budget Inn.
MS. NORRIS: Did law enforcement in this case gather any information 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 in 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: Now let's talk about July 17th, 2014. was -- 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. 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 or Mr. Rivera's 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, time frame, 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, again, communicating with a cell site and sector, not the same one as they're different carriers, but both of those cell sites are located pretty close together there.
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 Roadway Inn that provided some information of 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 17th, 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. 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. 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: 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 Roadway Inn.
MS. NORRIS: Then 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 & 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 & Fitness.
MS. NORRIS: At 9:16 a.m.; is that correct?
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 was 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: 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 18th?
MR. ZANGENEH: Your Honor, I'm going to object to this as being repetitive. Sergeant Corbitt has testified at length with regards to this evidence during his first time up. The government is just reiterating the same information over and over again.
JUDGE HANKINSON: Let's not go over things we've already gone over, Ms. Norris.
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: I honestly can't remember for sure everything that has been gone over, but some of this has certainly been covered.
MS. NORRIS: Yes, sir.
BY MS. NORRIS:
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.
MS. NORRIS: That's my question. The last events we have are around nine -- between 9:00 and 10:00 a.m. when is the next event that we have for Sigfredo Garcia?
CHRISTOPHER CORBITT: The next event that we have, if we look in the phone records, we see is a -- we have a couple of incoming notifications, incoming/outgoing notifications here, and then an outgoing call to Ms. Magbanua.
MS. NORRIS: 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 voice mail?
CHRISTOPHER CORBITT: There is no indication it went to voice mail. And looking at Ms. Magbanua's records, there's no indication there that the call was routed to voice mail. Relatively short duration, but no indicators of voice mail.
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 12:00 that T-Mobile tells us were call-forwarded. Those were routed to voice mail; 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.
MR. ZANGENEH: Objection, calls for speculation.
JUDGE HANKINSON: Overruled.
BY MS. NORRIS:
MS. NORRIS: where was the location of that 12:30 call to -- where was the location of Mr. Garcia's handset at the time of that 12:30 call to Ms. Magbanua?
CHRISTOPHER CORBITT: The 12:30 call occurs -- it would be consistent with travel 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 from Tallahassee down to Miami?
MS. NORRIS: And was there a difference between the frequency of communi cation?
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 that 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 what -- any activities of Mr. Garcia or Mr. Rivera upon return to Miami?
MS. NORRIS: Your Honor, at this time, I'd offer into evidence what I've marked for identification as State's Exhibit 144. These are the bank records for Mr. Luis Rivera with a certified business record certification of authenticity.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: No, Judge.
MR. DECOSTE: No objection.
JUDGE HANKINSON: It will be admitted.
(State's Exhibit No. 144 received in evidence.)
MS. NORRIS: Permission to publish excerpts, Your Honor?
JUDGE HANKINSON: You may.
BY MS. NORRIS:
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. The one in particular that -- or two in particular, one primarily, that was of interest was an ATM withdrawal with a 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 can you go to the next slide?
MS. NORRIS: These are also contained in the CD of Mr. Rivera's bank records; is that right?
MS. NORRIS: The highlighted ATM withdrawal, is that the one at Pembroke Pines in Miami?
CHRISTOPHER CORBITT: It is, yes. 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.
MS. NORRIS: Is there, based on the bank records, a debit card used at a 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 where 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 AT is located here. It would be consistent with the path of travel for the handsets. 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 to 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: If you can just flip through those quickly.
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 I approach, Your Honor?
JUDGE HANKINSON: You may.
BY MS. NORRIS:
MS. NORRIS: I'm showing you what I've marked for identification as State's Exhibit 95. Do you recognize that map?
CHRISTOPHER CORBITT: I do, yes.
MS. NORRIS: And does that map accurately summarize the handsets’ movement 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 on July, 2014?
CHRISTOPHER CORBITT: It does.
MS. NORRIS: Your Honor, at this time, I'd offer into evidence State's Exhibits 95 and 96 pursuant to our notice of summary.
JUDGE HANKINSON: Is there objection?
MR. ZANGENEH: No, Judge.
MR. DECOSTE: No objection.
JUDGE HANKINSON: 95 and 96 will be admitted.
(State's Exhibit Nos. 95 and 96 received in evidence.)
BY MS. NORRIS:
MS. NORRIS: Now 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?
MS. NORRIS: If I could have one moment.
(Attorneys confer.)
BY MS. NORRIS:
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?
CHRISTOPHER CORBITT: In June of 2014.
MS. NORRIS: And do you recall exactly on what date?
CHRISTOPHER CORBITT: I believe June 4th. I can actually pull it out if I need to be specific on times.
MS. NORRIS: You believe it's June 4th?
CHRISTOPHER CORBITT: I believe.
MS. NORRIS: 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 12:01 a.m. until July 18th at 12:30 p.m.?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Can you remind the jury, I think you previously testified about this, but from this 12:00 a.m. to 12:23 -- 12:00 a.m. time period, I didn't say that right, 12:01, 12:07 time period where Rivera and Garcia's handsets are located?
CHRISTOPHER CORBITT: In this time frame, they would have been consistent with the Roadway Inn, the motel on North Monroe Street.
MS. NORRIS: That would be the motel they stayed at the second night?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: So at 12:01, can you just walk me through the communications here?
CHRISTOPHER CORBITT: Yes, I can. 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. No duration for that call. 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 -- I meant -- the evening of the 17th is technically the morning hours, but --
CHRISTOPHER CORBITT: Yes. We began after midnight the morning of the 18th.
MS. NORRIS: So what is the next call we have at 8:09 a.m.?
CHRISTOPHER CORBITT: would be wendi Adelson calling her mother Donna Adelson.
MS. NORRIS: And then go on, please.
CHRISTOPHER CORBITT: There is a -- at 9:12 Charlie Adelson calls wendi Adelson. At 9:19 wendi Adelson calls Charlie Adelson. It's an 18-minute phone call. At 9:38 Charlie Adelson calls Donna Adelson, 30 second duration.
MS. NORRIS: Let me interrupt you briefly. Between the 9:19 a.m. call from wendi to Charlie -- wendi Adelson, excuse me, to charles Adelson that's approximately 18 minutes, to the time at 9:38 a.m. that Charlie Adelson contacts Donna Adelson, where is the location of Sigfredo Garcia and Luis Rivera's handsets?
CHRISTOPHER CORBITT: In this time frame, they could be consistent with the Premier Health & Fitness Center.
MS. NORRIS: So going back to the 9:38.
CHRISTOPHER CORBITT: 9:38 is a call from Charlie Adelson to Donna Adelson. 9:57, Charlie Adelson to Ms. Magbanua. 9:58, Ms. Magbanua to Mr. Adelson. And, again, another return call from Mr. Adelson to Ms. Magbanua of a little over seven minutes. 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 [sic], calls between Donna Adelson and Charlie Adelson?
MS. NORRIS: Is that followed by communications between Mr. Adelson and Katherine Magbanua?
MS. NORRIS: And the last one is a 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.
MS. NORRIS: Going back to July 18th, can you tell us what Sigfredo Garcia, Katherine Magbanua 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, those actually -- the previous one was June 5th, not June 4th. That was at 10:59 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 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: Do you have -- can you show us the location information for those particular events 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 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, which one starts at 9:20, the other 9:22, ends at 9:23, are all in the cell site here, which would be -- indicate some movement away from the area of her residence. And then the 9:42 event would be consistent with a cell site closer to Mr. Rivera's residence.
MS. NORRIS: And I see you have Magbanua 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's 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. 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's handset is using are consistent with the locations of the cell sites that Mr. Garcia is 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's handset 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 Magbanua and Charles 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 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 voice mail. 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 those times, 3:08 a.m., 3:11 a.m., and 3:26 a.m.?
CHRISTOPHER CORBITT: I'm sorry, which handset?
MS. NORRIS: what?
CHRISTOPHER CORBITT: 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 18th?
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.
MS. NORRIS: And Mr. Garcia's handset, is that consistent with Stefanie Carmona's residence?
CHRISTOPHER CORBITT: It would be, yes.
MS. NORRIS: 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. 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 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, 45, 46, 46 and -- or 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: 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 -- anybody -- 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 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 it 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 -- I'm sorry.
So 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 is 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. from Katherine Magbanua to Luis Rivera, in any of the records that you had, had 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 and a conversation was had?
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 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. 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. And the last event in this time frame here is 10:02. It's 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 Charles Adelson's residence is relative to those locations?
CHRISTOPHER CORBITT: Yes. His residence is here.
MS. NORRIS: That's the whale Harbor location?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: And if you could zoom back out again.
So the first -- is the first event that we have for Ms. Magbanua the Saturday morning, July 19th, that 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 phone call at the Rivera location to Charles Adelson?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: You mentioned -- or we've seen the slide where there is attempted communications from Magbanua's handset to Garcia throughout that time period, 9:44 to 10:02. 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 5:00 a.m. event the morning of the 19th?
MR. ZANGENEH: Once again, object to speculation, Judge.
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: There are a number of reasons that the handset would stop being used; it was physically damaged, the person using it was nowhere near the network and unable to connect, the account became delinquent, or it was powered down.
BY MS. NORRIS:
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 and we look at the locations of 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 10:00 that communicate with two cell sites here on opposite sides of the water, the 10:09 event, and 10:23 as well. But it would be consistent with 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.
MS. NORRIS: And then where does it go?
CHRISTOPHER CORBITT: 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.
MS. NORRIS: After this tower -- can you zoom back out a little =bit?
So Rivera's handset near his residence goes near Stefanie Carmona's residence, and then returns back to his residence?
CHRISTOPHER CORBITT: Correct.
MS. NORRIS: Approximately what time does his handset appear to be communicating with the towers at Stefanie 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.
MS. NORRIS: And 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.
MS. NORRIS: Are those two events consistent with the Rivera residence, the 10:23 and --
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.
BY MS. NORRIS:
MS. NORRIS: Do we have any events with location information for Katherine Magbanua's handset from 11:32 [sic] 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 is 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: 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 be appear to be in 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, as I recall the exact date, but, yes.
MS. NORRIS: Fair enough.
You mentioned that Mr. Garcia's handset was no longer active after that last event on Saturday, July 19th, at 5:00 a. m. What about Luis Rivera's handset?
CHRISTOPHER CORBITT: His handset continued to have events through July 24th. And July 24th, this is UTC time here, this 2157, 9:57, we 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.
JUDGE HANKINSON: What was that time again?
CHRISTOPHER CORBITT: I'm sorry. It was 9:57 in UTC, which would make it 5:57.
JUDGE HANKINSON: A.m., p.m.?
CHRISTOPHER CORBITT: P.m., Sir, sorry.
MS. NORRIS: May I approach, Your Honor?
JUDGE HANKINSON: You may.
BY MS. NORRIS:
MS. NORRIS: I'm showing you what I've marked for identification as State's Exhibit 97.
MS. NORRIS: Is that a summary of the call activity that we just went through between the parties the morning of Saturday, July 19th, 2014?
CHRISTOPHER CORBITT: Yes, it is.
MR. DECOSTE: Objection, cumulative. I believe that that same exhibit is contained in the other items that the State has already entered in.
JUDGE HANKINSON: Let me see the document.
I'll overrule the objection.
BY MS. NORRIS:
MS. NORRIS: 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, 8-0.
JUDGE HANKINSON: I thought 180 was the conversation we put in this morning.
MS. NORRIS: Right.
JUDGE HANKINSON: what's that?
MS. NORRIS: You're correct; you're correct.
(Attorneys confer.)
MS. NORRIS: I apologize, Your Honor.
JUDGE HANKINSON: 181?
MS. NORRIS: Yes, sir.
BY MS. NORRIS:
MS. NORRIS: So 181 is the excerpt of the June calls; June, 2014, just between Katherine Magbanua and Sigfredo Garcia?
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: Your Honor, at this time, I'd offer them in evidence as State's Exhibit 181 and 182.
JUDGE HANKINSON: Objection?
MR. ZANGENEH: Without objection from Mr. Garcia.
MR. DECOSTE: Same objection that I had before, cumulative.
JUDGE HANKINSON: I'‘'11 admit 181 and 182.
(State's Exhibit Nos. 181 and 182 received in evidence.)
BY MS. NORRIS:
MS. NORRIS: You had mentioned earlier in part of your testimony about location information having reviewed Charlie Adelson's iCcloud?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: Is that right?
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?
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Overruled.
Just 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.
BY MS. NORRIS:
MS. NORRIS: Can be stored in the what?
CHRISTOPHER CORBITT: In the cloud. It's a backup of your phone.
MS. NORRIS: And is the cloud in the cloud?
CHRISTOPHER CORBITT: The cloud is someone else's computer. But, yes, the cloud is a remote computing service. There are all kinds of clouds out there, Google Drive. The icloud is just one type and 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 have reviewed that in addition to all of the CDs I showed you earlier with the phone records for everyone in this case?
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, 2014 --
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: -- phone call?
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 communicating?
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: If I could have one moment, Your Honor.
JUDGE HANKINSON: You may.
MS. NORRIS: Thank you, Sergeant Corbitt. I have no further questions.
JUDGE HANKINSON: All right. why don't we take ten minutes.
(Jury excused from the courtroom at 3:02 p.m.)
JUDGE HANKINSON: Either side need anything?
MS. CAPPLEMAN: No, Your Honor.
MR. ZANGENEH: Yes, Your Honor.
MR. DECOSTE: Yes, sir.
MR. DECOSTE: The discovery issue, Your Honor.
JUDGE HANKINSON: what?
MR. DECOSTE: The discovery issue.
JUDGE HANKINSON: All right. Well, I was waiting for Ms. Cappleman to tell me that she'd 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 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 6/1/14.
JUDGE HANKINSON: So why was it not discovered --
MS. CAPPLEMAN: I can't tell you that.
JUDGE HANKINSON: -- put in discovery when you got it September 10th?
MS. CAPPLEMAN: Well, I wasn't ready to file the notice of business record. I listed it in my system as discovery, but I can't prove where it was ever sent. So I can't tell you the answer to that.
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 e-mail where it was sent to them. So the only thing --
JUDGE HANKINSON: Can't what? I'm sorry.
MS. CAPPLEMAN: -- I can prove for sure was sent was the notice of intent to introduce business records.
JUDGE HANKINSON: Mr. DeCoste.
MR. DECOSTE: Your Honor, 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.
It is clear that they were hiding this, not sharing it with us. TI don't for a second believe that they just at the last minute threw this together. They had this in advance. 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. It's not just --
JUDGE HANKINSON: Until September 16th.
MR. DECOSTE: No, it was never -- I believe that what she will say is the item was never provided to us; neither the DHSMV records for Sigfredo Garcia or 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, too. There's investigation that we would have done on this, that we would have needed to have done on this. That's all, Your Honor.
JUDGE HANKINSON: what is that? 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 of the citation that was given to Luis Rivera, deposition of Sergeant Downing, finding out exactly what car was -- 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 him over, whether there was other occupants inside of the vehicle, 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 all over the country deposing witnesses, spent hours and hours on the most simplest of details to make sure that this defendant gets a proper defense.
Again, it is no coincidence that this happened hand in hand with us just getting this exhibit, this -- well, not demonstrative, but an exhibit that Ms. Norris is using.
JUDGE HANKINSON: Garcia.
MS. CAPPLEMAN: May I make one other comment, Your Honor?
JUDGE HANKINSON: I'll let you have -- Garcia.
MR. ZANGENEH: I'11l join in in saying that I didn't receive a specific discovery amendment. I did receive the documentation today. And I think it's a little bit more material to my defense, but I still think it's something I should have been put on notice of.
Detective Downing's -- I apologize. Trooper Downing, that citation was given a long time ago. I was with Mr. DeCoste when we took Trooper Downing's deposition because there was a specific area we wanted to explore.
This is something that I would have definitely been a part of a deposition of because there are certain material issues that we would have had to explore. I join in on the objection.
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. The 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 item --
JUDGE HANKINSON: Was the ticket in the things they saw last night?
MS. CAPPLEMAN: Yeah, State's Exhibit 122.
JUDGE HANKINSON: Would you all sit down, please? we're not going to start being rude here.
MS. CAPPLEMAN: It was.
JUDGE HANKINSON: So who looked at the stuff?
MS. CAPPLEMAN: Mr. Zangeneh and Mr. DeCoste both stayed behind and looked 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 had not yet been introduced into evidence, and they looked through all of them.
JUDGE HANKINSON: Did it include State Exhibit 122?
MS. CAPPLEMAN: Yes, Sir.
JUDGE HANKINSON: Let me see the document, please.
(Pause. )
MS. CAPPLEMAN: Lastly, Judge, I did provide the evidence list on the first day of trial and 122 was listed there as well.
MR. DECOSTE: Your Honor, may I respond?
JUDGE HANKINSON: You may.
MR. DECOSTE: I did receive an e-mail from Ms. Cappleman saying that items were available to view in her office. 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 if she was showing us exhibits. I never got a response.
Your Honor has seen me for the past two weeks, for the past couple of years. I rarely get animated. I am animated right not for a genuine reason. It's because that ticket was not present in that book yesterday.
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 and that trip.
There are several routes along this area that we would have pulled surveillance information, whether it's available or not, understanding time has passed, to pull surveillance to see who it was that was driving the vehicle, specifically from the Florida Department of Transportation for any tolls that it had taken.
Unfortunately -- I withdraw that because we have that for the vehicle and 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 from any 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 and exchanged for the Nissan Sonata [sic] that ultimately came to Tallahassee for 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, I mean.
JUDGE HANKINSON: Which vehicle is this? This is -- it says a silver Nissan. That's the -- and there's a tag number, CKV 185. That's the first car that was rented? This is the one where the rentals were changed after a couple days?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: Is that the first --
MS. CAPPLEMAN: He rented that vehicle on the 2nd, we would argue with the intent to come to Tallahassee in it. Never did because he got a ticket in it. Exchanged that for the Nissan Hyundai -- I'm sorry, Hyundai Sonata, which came to Tallahassee on the first trip. Does that make sense?
JUDGE HANKINSON: This is the one that Rivera's records -- name shows on the rental or is this the one Garcia's name shows on the rental?
MS. CAPPLEMAN: Garcia's name shows on the rental for both that vehicle and the one that he exchanged it for which came to Tallahassee.
JUDGE HANKINSON: I frankly 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 overly -- real significant, then you need to give the defense some opportunity to review it and figure out what the significance of it is. We're just not going to get into it at this point in time.
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: What else do we need to resolve?
MS. NORRIS: Your Honor, could I make as a court exhibit the demonstrative, Court Exhibit C and D, that I presented on Sergeant Corbitt's direct right now?
JUDGE HANKINSON: Okay, okay. And those are not to go to the jury.
MS. NORRIS: Correct.
MR. DECOSTE: Same objection, Your Honor. we have not had proper time to digest these items.
JUDGE HANKINSON: They're 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?
MR. ZANGENEH: Garcia does, Judge.
MR. DECOSTE: Wiser attorneys at the table are telling me I do so I'll withdraw that objection.
JUDGE HANKINSON: I mean, this is not to go to the jury. This is to make of record so there would be a record of what was shown, less the portion relating to the ticket was not shown in there.
MS. NORRIS: And I took that part out so it would accurately reflect what was shown to the jury.
(Court's Exhibit Nos. C and D marked for identification.)
JUDGE HANKINSON: All right. Anything else?
MS. NORRIS: No, sir.
JUDGE HANKINSON: Take about five minutes.
(Recess taken from 3:12 p.m. to 3:21 p.m.)
JUDGE HANKINSON: Let's have the jury, please.
(jury returned to the courtroom at 3:21 p.m.)
JUDGE HANKINSON: Everybody be seated.
You may proceed, Mr. Zangeneh.
MR. ZANGENEH: Thank you, Judge.
CROSS EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Good afternoon, Sergeant. How are you?
CHRISTOPHER CORBITT: wonderful, sir, thank you.
MR. ZANGENEH: Nice to see you again.
CHRISTOPHER CORBITT: Thank you.
MR. ZANGENEH: Okay. So I'm going to kind of go chronologically how you went. So if you would be kind enough to scroll to the top, top, top, top portion, the first portion that you began with where it says -- there we go, perfect.
Okay. So if he could go to the next slide. There it is. That is phone records for Luis Rivera; is that correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: And those are phone records associated with the handset that 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 really cross-references you did with reference to this handset number was 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 was part of a criminal organization known as the Latin Kings; correct?
MR. ZANGENEH: Did you at any point or anybody in law enforcement do a cross-section between known Latin Kings and this phone number?
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 that contact information was added to our automated system and would populate if they were previously known people. Again, that information was provided to investigators. And whatever relevance that may or may not have been would have been their determination.
MR. ZANGENEH: Do you know if anybody that's in that list that you discussed had communication with Luis Rivera from May 28th to 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. Let me understand your question.
MR. ZANGENEH: Let me rephrase it. I'm sorry.
So you indicated there's known Latin Kings that were communicating with Luis Rivera; 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 these 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, please.
CHRISTOPHER CORBITT: I'm sorry. Do you mean --
MR. ZANGENEH: It was the map. There it is, okay.
On the bottom right-hand corner, at 1:40 a.m., that is a ping for Luis Rivera's phone; correct?
CHRISTOPHER CORBITT: It is a cell site that his handset was utilizing, yes.
MR. ZANGENEH: Every reference I make is with regards to a cell site indicating or activating to a number associated with Luis Rivera; okay?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: The next one at 3:13, that's also a ping for Luis Rivera's phone; correct?
CHRISTOPHER CORBITT: Let me clarify one thing for these overview maps. 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 -- can you expand the map, Sergeant? There you go. All those blue dots, those are in reference to location information for Luis Rivera's handset; 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 Luis Rivera's -- those are associated with Luis Rivera's handset; correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: Now, Judge, 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.
BY MR. ZANGENEH:
MR. ZANGENEH: If you would be kind enough to pull this up, Sergeant. Thank you so much, sir.
Now on this slide, there is a flag with a yellow -- there is a yellow flag in the middle of the screen; correct?
CHRISTOPHER CORBITT: There is.
MR. ZANGENEH: And what does it -- 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: You may.
BY MR. ZANGENEH:
MR. ZANGENEH: If you could be kind enough, Detective -- Sergeant, I apologize. Whenever you're ready, let me know.
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: If you could pull that up for the members of the jury. Okay.
Now, you'll agree with me that 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: Okay. 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 the police officer your license; right?
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: And that car rental agreement that I'm referring to is when Mr. Rivera rents a Prius in this case; do you recall that?
MR. ZANGENEH: There we go.
And if you could -- I don't know if you can highlight it, but if you can just look at the top right-hand corner -- I'm sorry, top left-hand corner.
That appears to be Luis Rivera writing his name; correct?
CHRISTOPHER CORBITT: I'm not familiar with his handwriting, but it is a handwritten -- his name, yes.
MR. ZANGENEH: Correct.
And underneath that, which address does Luis Rivera himself on this car rental agreement provide as his home address?
CHRISTOPHER CORBITT: The 1805 Normandy Drive.
MR. ZANGENEH: 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 I could show you another map, if you don't mind. There we go.
MR. ZANGENEH: May I approach, Judge?
JUDGE HANKINSON: You may.
BY MR. ZANGENEH:
MR. ZANGENEH: Now you're not from South Florida; are you, sir?
CHRISTOPHER CORBITT: I'm not.
MR. ZANGENEH: And just to refresh everyone's information, the address is 1805 Normandy Drive; is that correct?
CHRISTOPHER CORBITT: It is, yes,sir.
MR. ZANGENEH: And is that Normandy Drive right here?
CHRISTOPHER CORBITT: It is, yes, sir.
MR. ZANGENEH: And is that in Miami Beach consistent with what Mr. Rivera listed on the car rental agreement as well as on his driver's license?
CHRISTOPHER CORBITT: I'm sorry?
MR. ZANGENEH: 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.
MR. ZANGENEH: Okay. And Normandy Drive -- and that's in Miami Beach; right?
CHRISTOPHER CORBITT: It appears to be, yes.
MR. ZANGENEH: And that location -- if you could back it up, I'm sorry, one more, sir; I'm not done. A little closer. A little closer. There we go. It's okay.
So according to this map, Normandy Drive is right across that little bridge between where Ms. Magbanua's residence is; 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. If we could go back to the slide that you had that showed the yellow map of Mr. Rivera, which you indicated -- which was testified on direct as his address, 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.
Now, pardon me. what does it say right here?
CHRISTOPHER CORBITT: North Miami.
MR. ZANGENEH: And Luis Rivera was the Inca or the Primero of the North Miami tribe of the Latin Kings; is that correct?
CHRISTOPHER CORBITT: I'm not --
MS. NORRIS: Objection, lack of foundation.
MR. ZANGENEH: If he knows. A -- I don't know.
JUDGE HANKINSON: He said he didn't know.
MR. ZANGENEH: Okay.
BY MR. ZANGENEH:
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 a 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 relate to that antenna; correct?
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. 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. And that's all we're attempting to do.
MR. ZANGENEH: So you'll agree with me that you can't tell who's using the specific handset at the time other than the number is being used; correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: And based on the records that you have, you can't use -- or you can't prove through your phone data or through the cellular records that Mr. Garcia was on the trip in 2014; correct? On 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 can -- if you would, please. There was two pieces of activity related to my client's handset; one at 9:36, correct?
CHRISTOPHER CORBITT: Yes, sir. You mean the morning of the 18th?
MR. ZANGENEH: Yes, sir.
There was two activities on his handset that day; correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: 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?
CHRISTOPHER CORBITT: I believe so, yes.
MR. ZANGENEH: And could you tell us if that went to voice mail 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 something; correct?
CHRISTOPHER CORBITT: No active activity. There were incoming calls, but there is nothing active done with the handset until 12:30.
MR. ZANGENEH: That's what I'm referring to.
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: There was no active activity.
CHRISTOPHER CORBITT: Correct.
MR. ZANGENEH: Not any passive activity; right?
CHRISTOPHER CORBITT: Correct.
MR. ZANGENEH: You did a frequency report between -- on my client's -- on the number associated with my client; correct?
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 for just about any period of time. 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: well, 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, just one more time -- may I approach, Judge?
JUDGE HANKINSON: You may.
BY MR. ZANGENEH:
MR. ZANGENEH: If you could pull up the registration card. And this is the registration 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.
JUDGE HANKINSON: You may.
(Defendant confers with counsel.)
MR. ZANGENEH: Judge, I'll tender the witness with the right to recall Sergeant Corbitt.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: Yes. Thank you, Your Honor.
CROSS EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Hello again, Sergeant.
CHRISTOPHER CORBITT: Hello.
MR. DECOSTE: Your Honor, may I reposition this just a little bit to the left?
MR. DECOSTE: All right.
BY MR. DECOSTE:
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. Is that correct?
MR. DECOSTE: Let me ask you a question.
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: Sorry to cut you off.
So my iPhone has 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. 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 wiFi access points. There are a number of things that allows the handset to determine its location and then communicate that to us.
MR. DECOSTE: Now let's answer it with respect to accuracy. 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 activity trying to help us find it is going to be more accurate than a cell site location.
MR. DECOSTE: If I tried to find my iPhone using call detail records, I may find myself walking around an entire neighborhood trying to find it?
CHRISTOPHER CORBITT: 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?
CHRISTOPHER CORBITT: Right.
MR. DECOSTE: Now I want to explain a little bit about how the -- you call them antennas, right?
MR. DECOSTE: Your Honor, if I could have one second.
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, if I were to drive north on Monroe maybe about 2 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 at a lot of points, there was 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 is more than three antennas, generally, between transmit and receive. And they are not always 120 degrees. 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 these -- now you used a big -- 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 if one of the antennas has three -- or one of the towers has three antennas, it's going to be 120 degrees, 120, and 120?
MR. DECOSTE: what's it going to be?
CHRISTOPHER CORBITT: 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?
MR. DECOSTE: Can you go to one of those? Doesn't matter which one. Okay. Perfect.
So when it's got all the different little arrows next to the big arrow, is that for each sector?
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 are data speeds and whether we're voice over LTE or traditional kind of cell phone. So there's really two different technologies here that are represented by those. Each really only has three in this particular cell site.
MR. DECOSTE: All right. Now your presentations are in between part one and part two; right?
CHRISTOPHER CORBITT: I'm sorry, yes.
MR. DECOSTE: One second, Your Honor.
BY MR. DECOSTE:
MR. DECOSTE: If you can go to part one, slide four.
CHRISTOPHER CORBITT: You may want to mute me real quick just so that as I'm switching presentations I don't accidently display something. Perfect. Thank you.
And, 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. Let's go to the first one, which I believe is the June.
CHRISTOPHER CORBITT: And I'm not sure exactly which is slide four on your --
MR. DECOSTE: Just go to a random one with one of the arrows for down in Miami; how about that?
CHRISTOPHER CORBITT: One of the arrows down in Miami.
MR. DECOSTE: Tell me when you're good and I‘'11 turn it back on.
CHRISTOPHER CORBITT: You can turn it back on now. Thanks.
MR. DECOSTE: Okay. Perfect.
MR. DECOSTE: Your Honor, if I can approach the screen?
JUDGE HANKINSON: You may.
BY MR. DECOSTE:
MR. DECOSTE: Now, Sergeant, just to explain to the jury, that wouldn't be accurate as to the width of that sector, that arrow. That's just a generalized direction that you're giving; right?
CHRISTOPHER CORBITT: That is correct. That is just -- well, it's accurate to the direction. That arrow is pointing the direction that that antenna is facing. It does not represent the width.
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 the handset to transition.
MR. DECOSTE: So, for example here on our easel, if we have one of these sectors that's at 120 degrees, it wouldn't go in a straight line out from it, it would expand in width; right?
CHRISTOPHER CORBITT: That is correct, yes.
MR. DECOSTE: All right. Now these aren't set up right next to each other. Many times, based on 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. we don't have to set up another.
JUDGE HANKINSON: Now which system are you showing here, Sergeant?
CHRISTOPHER CORBITT: This is the cell sites, the Sprint cell sites from 2014.
JUDGE HANKINSON: Sprint, okay.
CHRISTOPHER CORBITT: Yes, sir.
BY MR. DECOSTE:
MR. DECOSTE: Now we'll come back to this in a second. Let's just talk about -- and you said 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?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: 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 codefendant counsel, that you're not here to make a determination of how close the phone is to the actual tower.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And, again, these towers are miles apart from each other?
CHRISTOPHER CORBITT: They are.
MR. DECOSTE: It could be right up next to the tower or it could be almost to another tower --
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: -- right?
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. But more specific than that, no.
MR. DECOSTE: So let's use an example. I'm going to have to set it up for this.
MR. DECOSTE: Your Honor, if you don't mind if I set up another one?
JUDGE HANKINSON: Sure.
BY MR. DECOSTE:
MR. DECOSTE: we're going to go miles away now. we have another tower. These two towers have antennas that are pointing to the same location. All right. Now, the signal that's coming from this tower, we'll call this Tower A, it doesn't just go up and all of a sudden drop off a cliff; right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And neither does that happen -- and we'll call that one Tower B.
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: Now, this tower seems to not want to cooperate and keeps falling over. Let's say something happens to it. It's being serviced, it's being maintenanced. This one goes down. I could be within 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.
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 a 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: Over lap?
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, there's -- well, there's unknown variables; one of them being you don't know who has the 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?
MR. DECOSTE: Although it is rare, we saw it with Tower A, every now and then they go out of service. It's rare, but they go out of service?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: It could be maintenance; right?
MR. DECOSTE: It could be a storm; right?
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 are down; right?
CHRISTOPHER CORBITT: Sometimes we can, yes.
MR. DECOSTE: Sometimes?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: we don't have it in this case, though; 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. Those in and of themselves tell us the approximate or general area the 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?
MS. NORRIS: Objection, argumentative.
JUDGE HANKINSON: Overruled. You can answer.
CHRISTOPHER CORBITT: I think it's always important. Any time 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.
BY MR. DECOSTE:
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 -- to evaluate that one location, that's all that I need.
MR. DECOSTE: Sergeant, I want to pull you back over to getting what we were talking about, which is maintenance records, outages, stuff like that. Now you said that it would be, you know, cumbersome to get that -- I think granular was your word, I use detailed -- to get that detailed, that it would be a big process.
we're just talking about one day here. we're talking about June 2nd, 2014, for a handful of towers. You could have gotten a document to find out if any of those towers went down; right?
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 encompassed 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: No, you're looking at many more towers than that.
MR. DECOSTE: Just taking for example, June 4th. You could have gotten for the ten towers down in Miami to send a subpoena, say, we want to find out on June 4 whether those towers were operational for the full day. That could have been done?
CHRISTOPHER CORBITT: There's a possibility that information exists.
MR. DECOSTE: But we don't have it?
CHRISTOPHER CORBITT: we do not.
MR. DECOSTE: Now let's change gears. During the course of this case, for the year 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?
MR. DECOSTE: In fact, you've had frequent conversations with the FBI?
CHRISTOPHER CORBITT: well, I think 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?
MR. DECOSTE: More towards the beginning?
MR. DECOSTE: Before the arrests were made?
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. 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 presented here as presentation one and two. Presentation one is for June?
MR. DECOSTE: Presentation two is for July?
CHRISTOPHER CORBITT: For me, they're all one presentation. They just happened to have been printed in two sections for you, that's all.
MR. DECOSTE: I'll make it easier. If you can go to the June 3=stuff --
CHRISTOPHER CORBITT: Okay.
MR. DECOSTE: -- Pages 11 through 12. Start with Page 11, please.
CHRISTOPHER CORBITT: And I'm not sure exactly which Page 11 is. Again, I'm --
JUDGE HANKINSON: If you can show him what page you're talking about, it would probably assist him.
MR. DECOSTE: On our side, we have a PDF so we get page numbers.
JUDGE HANKINSON: I'm sorry. I thought you had the page number.
MR. DECOSTE: If I can approach?
JUDGE HANKINSON: You may.
BY MR. DECOSTE:
MR. DECOSTE: I'll show it to you. So it's going to be those two.
CHRISTOPHER CORBITT: That one and the next one? Okay.
MR. DECOSTE: Now your testimony was that Ms. Magbanua's handset leaves 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?
MR. DECOSTE: Because a car was rented at Comfort Rent-A-Car?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: 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: If you can zoom in at all -- so we don't need to go to the next slide -- if you can just zoom in here for me. If you can go a little bit to the left.
It's also consistent with dropping somebody off at the airport; right?
CHRISTOPHER CORBITT: It could be, yes.
MR. DECOSTE: Also consistent with dropping off the father of your children to go rent a car; right?
CHRISTOPHER CORBITT: It could be, yes.
MR. DECOSTE: No information here that 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 slides forward. It's the slide that had Geico. There we go, Geico Insurance.
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: Now you know, like most of these big companies, that those calls are recorded; right?
CHRISTOPHER CORBITT: They could be, yes.
MR. DECOSTE: No subpoena sent to Geico to find out -- no subpoena sent to Geico to find out what was going on in this phone call; right?
CHRISTOPHER CORBITT: I did not -- I'm not aware of a subpoena sent for that particular phone call.
MR. DECOSTE: Let's go three slides forward. I think it was the 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?
CHRISTOPHER CORBITT: Because it was where -- the information given to me is that's where Mr. Rivera was staying.
MR. DECOSTE: If you could go forward -- give me a second. There's a slide, it's about 10 -- 25 on our end. It's about 10 forward. It's the one with the citation for Luis Rivera.
This isn't the only place in this case where this address shows up; right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: It's -- it repeats itself more in the discovery in this case than him staying at Jessica Rodriguez's house; right?
CHRISTOPHER CORBITT: As far as -- and, again, the information given to me by the investigators is based upon their interviews, their research, their information. And regardless of what it may list on a driver's license or list on an application, where he's physically laying his head at night is determined by more than just paperwork.
MR. DECOSTE: One second.
BY MR. DECOSTE:
MR. DECOSTE: Sergeant Corbitt, could you punch in the Normandy address on your computer so we can see that?
CHRISTOPHER CORBITT: You'll need to mute me first, please.
(Pause. )
CHRISTOPHER CORBITT: All right, sir.
JUDGE HANKINSON: He said he's ready, Mr. DeCoste.
CHRISTOPHER CORBITT: So this is a clean map, but this would be the address listed for the 1805 Normandy Drive.
BY MR. DECOSTE:
MR. DECOSTE: If you could zoom out. 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: So fast-forwarding in here, your direct examination, at one point in time you were asked about Charles Adelson's whereabouts on July 15th.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And that he was in the -- the prosecution emphasized that -- he was in the location of Katherine Magbanua?
CHRISTOPHER CORBITT: That's correct, yes.
MR. DECOSTE: These towers are miles apart; right?
CHRISTOPHER CORBITT: Yes, they are.
MR. DECOSTE: And Luis Rivera lives just around the corner; right?
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 Charles 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?
MR. DECOSTE: Give me a second, Your Honor. I'm going to get another page number here.
BY MR. DECOSTE:
MR. DECOSTE: we're going to go to the July stuff now.
CHRISTOPHER CORBITT: All right.
MR. DECOSTE: And for me it's the 9th slide.
CHRISTOPHER CORBITT: Again, I'm sorry, my presentation doesn't have page numbers.
MR. ZANGENEH: What page number?
MR. DECOSTE: If I can just approach the witness, I can show him.
One second, Your Honor.
BY MR. DECOSTE:
MR. DECOSTE: All right. This is a summary; right?
CHRISTOPHER CORBITT: It is, 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: For instance, Katherine Magbanua, in between the communications between her and Charles Adelson, had a bunch of other communications with other people?
CHRISTOPHER CORBITT: She may have, 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 Charles Adelson, Katherine Magbanua and Sigfredo Garcia, and you're pulling the bits and pieces and then stacking them together and removing out all of 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?
MS. NORRIS: I object to argumentative.
JUDGE HANKINSON: Sustained.
BY MR. DECOSTE:
MR. DECOSTE: You would agree with me that there were a lot of other communications that Katherine Magbanua was having that day with other people?
CHRISTOPHER CORBITT: Yes, there were.
MR. DECOSTE: At one point in direct examination you said that certain communications on July 14th and 15th were consistent with her having dinner with Charles 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: Brief second while I pull up another slide.
BY MR. DECOSTE:
MR. DECOSTE: Now, same thing is going on here; right? There's a whole bunch of other communications that Katherine Magbanua is having that day that aren't in that summary; right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Do you have anything to present to this jury that shows any other days, random days, as to the type communications that were being had in between Katherine Magbanua and Sigfredo Garcia, and Katherine Magbanua and Charles 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 premarked 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: 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?
MR. DECOSTE: Your Honor, I'd move in what's been premarked as Defense 8.
JUDGE HANKINSON: Is there an objection?
MS. NORRIS: No objection.
JUDGE HANKINSON: It will be admitted.
(Defendant Magbanua's Exhibit No. 8 received in evidence.)
BY MR. DECOSTE:
MR. DECOSTE: Now, Sergeant, correct me if I'm wrong, Defense 8, it's for a time frame of May 1st and May 2nd, 2014; right?
CHRISTOPHER CORBITT: It is, 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: It's two-and-a-half months before the murder; right?
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 Attorney's Office to hone in on that day and take a look; right?
MR. DECOSTE: Now what we've done here is we've highlighted the phone numbers of different participants; right?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: Sigfredo Garcia is in green, Charles Adelson is in blue; right?
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: Same volley of phone calls on a random date; right?
CHRISTOPHER CORBITT: Yes, there is back and forth communication.
MR. DECOSTE: No different than the dates in June, the dates in July; right?
CHRISTOPHER CORBITT: Only different in time, duration; but, yes, there is regular communication between them.
MR. DECOSTE: where Katherine will talk to Sigfredo, the father of her children?
CHRISTOPHER CORBITT: Uh-huh.
MR. DECOSTE: Hang up the phone; call Charles Adelson, the guy she's dating. Then maybe communicate back to 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.
MR. DECOSTE: But there's nothing peculiar about the activity in the dates in June and July when compared to other random dates; right?
CHRISTOPHER CORBITT: Again, none that I'm aware of.
MR. DECOSTE: On your June stuff, you had a slide that showed the locations for the drive in June; do you remember that?
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: Can you pull that one up?
CHRISTOPHER CORBITT: You mean the overall drive? This one?
MR. DECOSTE: That's the one.
Correct me if I'm wrong, this shows that there's I believe a trip between 12:00 a.m. and -- what time? No, 3:00 a.m. to 12:00 a.m.? what's the time frame 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 --
MR. ZANGENEH: Your Honor, I'm going to object to the classification of they. The only evidence here is Luis Rivera's handset.
JUDGE HANKINSON: Let's talk about the handset.
CHRISTOPHER CORBITT: Yes, sir. And to finish your answer to that, the handset arrives in Tallahassee around 12:38 p.m.
BY MR. DECOSTE:
MR. DECOSTE: what's the span of the trip? There was a lot going on between the government and the codefendant. I didn't hear it.
CHRISTOPHER CORBITT: There would be at least eight to ten hours probably, eight to nine hours.
MR. DECOSTE: No, no, what's the start time?
CHRISTOPHER CORBITT: The start time is somewhere after 1:40 and prior to 3:13 for those events.
MR. DECOSTE: Arrival time?
CHRISTOPHER CORBITT: And arrival time was 12:38 p.m.
MR. DECOSTE: I'm handing you what's been premarked as Defense 7. You know what that is; right?
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: That's another 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 the 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. You've actually copied the --
MR. DECOSTE: One second, Your Honor.
(off-the-record discussion. )
MR. DECOSTE: Move in Defense 7.
JUDGE HANKINSON: Is there an objection?
MS. NORRIS: Yes, it appears the document is inaccurate.
JUDGE HANKINSON: Say what?
MS. NORRIS: Based on the testimony, the document is not an accurate reflection of the records.
JUDGE HANKINSON: Do you want to clarify with him the foundation?
BY MR. DECOSTE:
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 I'm just looking at the calls. It appears just that the top call, the very first call on this list, repeats across the pages. Other than that -- other than that, it would appear to be correct.
MR. DECOSTE: Sergeant, do you have a pen on you?
CHRISTOPHER CORBITT: I do.
MR. DECOSTE: Can you cross out what you think is repeated?
(witness complies.)
JUDGE HANKINSON: The statement is accurate now?
MR. DECOSTE: Yes, sir.
MS. NORRIS: No objection, Judge.
JUDGE HANKINSON: It will be admitted as seven, Defendant Magbanua Exhibit 7.
(Defendant Magbanua's Exhibit No. 7 received in evidence.)
BY MR. DECOSTE:
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.
CHRISTOPHER CORBITT: You have calls on the 4th at 9:55. You have calls on --
MR. DECOSTE: Sergeant, between the start time and the finish time.
CHRISTOPHER CORBITT: Oh, I'm sorry. I do not -- I see 9:55 a.m. would be in there. So the 9:55 a.m. call, outbound call.
MR. DECOSTE: 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: And what is the duration of that one phone call?
CHRISTOPHER CORBITT: Twenty-nine seconds.
MR. DECOSTE: would you consider that to be constantly on the phone call in a, what, eight-hour drive?
CHRISTOPHER CORBITT: I would not.
(Pause. )
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, I'm handing you what's been premarked as Defense 9. You know what that is; right?
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: Those are the same type 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 the same condition they were in the last time you saw it?
MR. DECOSTE: Move in Defense 9.
JUDGE HANKINSON: I beg your pardon? I'm sorry.
MR. DECOSTE: Move in Defense 9, Your Honor.
JUDGE HANKINSON: Is there objection?
MS. NORRIS: NO, Your Honor.
JUDGE HANKINSON: All right. It will be admitted.
(Defendant Magbanua's Exhibit No. 9 received in evidence.)
BY MR. DECOSTE:
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 --
MS. NORRIS: Your Honor, I object to asking about the testimony of another witness.
JUDGE HANKINSON: Sustained.
BY MR. DECOSTE:
MR. DECOSTE: Are you aware of Luis Rivera's information that he = gave prior to his testimony in trial about seeing wendi Adelson on Trescott Drive?
CHRISTOPHER CORBITT: I am aware, 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 --
JUDGE HANKINSON: Did you need something? I'm sorry. Juror 7, were you trying to signal something?
JUROR: NO, no.
JUDGE HANKINSON: Oh, okay. I thought maybe you needed a pad or something.
BY MR. DECOSTE:
MR. DECOSTE: 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 and was asked to evaluate location information for that possibility. I'm not aware of any subsequent stated communication.
MR. DECOSTE: Now, again, the records that you have in front of you, those are the government's exhibit, just we've color- coded it so 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: 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.
MR. DECOSTE: Those are all of them?
CHRISTOPHER CORBITT: 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 17th?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Give me a brief second here, Sergeant. Unfortunately, we didn't have these before today so I've got to find the page and show it to you.
I'm also handing you what's been premarked as Defense 10. You know what that is; right?
CHRISTOPHER CORBITT: I do, yes.
MR. DECOSTE: Those are the call detail records for Katherine Magbanua on July 19th, 2014?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Color-coded the same way as the other exhibits we've just shown you?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: You reviewed them prior to today?
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?
MR. DECOSTE: They're the same records; right?
CHRISTOPHER CORBITT: They are.
MR. DECOSTE: Now, Ms. Norris asked you questions about phone calls in between Katherine Magbanua and Luis Rivera on the =morning of July 19th.
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 19th, Katherine Magbanua called me; right?
CHRISTOPHER CORBITT: I am aware of that, yes.
MR. DECOSTE: Now Ms. Norris asked you about this phone call right here. And you testified, yes, Katherine Magbanua contacted Luis Rivera.
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: But what you didn't talk about and what you weren't asked is the phone call right before. That the first phone call between those two was Luis Rivera calling Katherine Magbanua.
CHRISTOPHER CORBITT: That's --
MS. NORRIS: Objection, no question. A That's correct.
JUDGE HANKINSON: Is there a question?
MR. DECOSTE: There was. I can ask it again.
JUDGE HANKINSON: It wasn't a question. It was a statement.
BY MR. DECOSTE:
MR. DECOSTE: who called who first?
CHRISTOPHER CORBITT: Mr. Rivera called her cell phone first.
MR. DECOSTE: Not the other way around?
CHRISTOPHER CORBITT: Not the other way around.
MR. DECOSTE: Not like what Luis Rivera said.
CHRISTOPHER CORBITT: I know generally what he said. I don't know the specifics of his 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: Now, if you would, there was a slide that you had that had 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 19th. If you could pull that. 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.
MR. DECOSTE: Actually, let's go to a different one. we will go in chronological order. Can you pull this up?
MR. DECOSTE: You testified that Charlie Adelson's residence was north of her path of travel that morning; right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Fits the theory of the case; right?
CHRISTOPHER CORBITT: I assume so, yes.
MR. DECOSTE: Leaving Mr. Adelson's house the morning that Luis Rivera says that a money payment was made; right?
MR. DECOSTE: where does Yindra Velazquez live?
CHRISTOPHER CORBITT: I do not know.
MR. DECOSTE: You weren't asked to plot that address?
MR. DECOSTE: where does Francis Magbanua, my client's brother, live?
CHRISTOPHER CORBITT: very close to the Adelson Institute.
MR. DECOSTE: which is also north, right around where Charles Adelson lives; right?
CHRISTOPHER CORBITT: Further north than that, yes.
MR. DECOSTE: wouldn't you agree that it's misleading to only put charles Adelson's address there?
MS. NORRIS: Objection to argumentative.
JUDGE HANKINSON: Sustained.
BY MR. DECOSTE:
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 it -- if that address was one that could be consistent with where she was coming from. And that's what's on the map.
MR. DECOSTE: Asked by these prosecutors?
MS. NORRIS: Also objection, argumentative.
JUDGE HANKINSON: Sustained.
Mr. DeCoste, I asked earlier, we're not going to get into disparaging other counsel. I know you're going to object if they disparage the defense counsel. The State Attorneys are not on trial. Don't disparage opposing counsel.
MR. DECOSTE: Understood, Your Honor.
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, if you could pull this slide?
(off-the-record discussion.)
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, you have cell phone records for Luis Rivera for the morning of July 19th; right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: You have more than just the locations that are up there on that slide; right?
CHRISTOPHER CORBITT: we do, yes.
MR. DECOSTE: You're aware that Luis Rivera says that before the phone calls of Ms. Magbanua, that he was at a barbershop on Biscayne Boulevard; right?
CHRISTOPHER CORBITT: I'm aware that he was at a barbershop.
MR. DECOSTE: 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: To the residence that you have up there as Rivera 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; right?
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?
MR. DECOSTE: Just like my client, you can look at that data to figure out his approximate location?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And his approximate location was not over in Miami near Jessica Rodriguez's house when those phone calls start. In fact, it was over on Normandy Isle; right?
CHRISTOPHER CORBITT: And I apologize, the -- which phone calls started? 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. After these phone calls, it would be consistent with his handset moving away from that area. And 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 barbershop over on Biscayne Boulevard?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Luis Rivera also said prior to his testimony that after he was at the house, allegedly with Ms. Magbanua, that he and then Sigfredo Garcia go back to the barbershop. Are you aware of that?
CHRISTOPHER CORBITT: Not specifically.
MR. DECOSTE: The data that you have, and I think it's on the same slide, where does Luis Rivera go after being in the general vicinity of Rivera's residence?
CHRISTOPHER CORBITT: I have not plotted that. I was not asked to evaluate further into the day than this. 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: If you can go back to the slide with Ms. Magbanua's locations in between 10:02 and 10:31?
CHRISTOPHER CORBITT: So this starts the 10:31 and -- or, I mean, sorry, «the 10:02?
MR. DECOSTE: Yeah.
Do me favor. Can you go over Rivera's residence and zoom it? A little bit more. A little bit more. Now all these little shaded areas, these are buildings and houses; right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Isn't this also -- now your testimony is it's consistent with him or her being at Jessica Rodriguez's residence; right?
CHRISTOPHER CORBITT: That's one of the locations, yes.
MR. DECOSTE: But it's also consistent with being at that house, that house, that house, that apartment building, that house; right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Correct me if I'm wrong, but with all the data and 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 right.
MR. DECOSTE: The information that you have is consistent with Ms. Magbanua looking for Mr. Garcia if 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?
MS. NORRIS: Objection, Your Honor.
JUDGE HANKINSON: I'll sustain the objection. It's argumentative.
BY MR. DECOSTE:
MR. DECOSTE: Now you were asked questions -- we're going to change gears here.
You were asked questions about phone calls in between Ms. Magbanua's phone on June 5th and July 17th to a number (305)934-6615?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And it is your belief, it'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 -- and when I say "you guys,” I'm talking about Tallahassee Police Department -- a subpoena is sent to Apple and in response you receive documents; right?
CHRISTOPHER CORBITT: we did subpoena documents from Apple, yes, or -- either by subpoena or search warrant, yes.
MR. DECOSTE: Do you remember the phone number that you received back from Apple as belonging to Luis Rivera?
CHRISTOPHER CORBITT: I did not receive those. I'm not sure, no.
MR. DECOSTE: would it help you to take a look at the Apple response?
CHRISTOPHER CORBITT: sure.
(Attorneys confer.)
MR. DECOSTE: Sergeant, if I could have it to show the State.
BY MR. DECOSTE:
MR. DECOSTE: would it help you to take a look at Agent Sanford's report?
JUDGE HANKINSON: What would help him, I mean, is this something you've dealt with before, Sergeant Corbitt?
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. So I'm not sure why this witness is being asked about them.
MS. NORRIS: I don't know what they are either.
MR. DECOSTE: Just because he testified about it, Your Honor.
JUDGE HANKINSON: About these records?
MR. DECOSTE: About this phone number.
JUDGE HANKINSON: That you have in your hand?
MR. DECOSTE: Yes.
JUDGE HANKINSON: State?
MS. NORRIS: TI don't know what it is, Judge.
JUDGE HANKINSON: what?
MS. NORRIS: I object to him being asked about this document.
JUDGE HANKINSON: I'1I1 sustain the objection.
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, 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: well, let me double-check that.
(305)934-6615.
MR. DECOSTE: And that's a 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 Luis Rivera's actual phone number is (305)935-6615?
CHRISTOPHER CORBITT: That was not the number I was provided.
MR. DECOSTE: That's a different phone number; right?
CHRISTOPHER CORBITT: It is, yes.
MR. DECOSTE: Only a few more minutes, Your Honor.
JUDGE HANKINSON: Is there a question?
MR. DECOSTE: Just getting an exhibit marked, Your Honor.
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, you were asked questions about iCloud information. Do you remember that?
CHRISTOPHER CORBITT: Yes, I was.
MR. DECOSTE: Now real briefly, if you could just explain something. You guys sent a subpoena out to Apple to get icloud information for Charles Adelson; right?
CHRISTOPHER CORBITT: It would have been a search warrant, but, yes.
MR. DECOSTE: Now you get that information back, you use something called the Cellebrite reader?
MR. DECOSTE: To then interpret that data?
CHRISTOPHER CORBITT: I'm not sure if interpret is the right word, as opposed to make presentable to us.
MR. DECOSTE: So that you can navigate it and review it?
CHRISTOPHER CORBITT: 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 Charles Adelson. Do you remember that?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And your answer was no?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: Judge, I'm going to request a sidebar.
JUDGE HANKINSON: All right.
AT THE BENCH
MS. CAPPLEMAN: May we see the item?
JUDGE HANKINSON: Mr. Zangeneh?
MR. ZANGENEH: Yeah, I haven't seen the report before. And obviously this was brought to the Court's attention, our attention, the government's attention I believe the Friday before we started jury selection.
JUDGE HANKINSON: So what do you understand this to be, Mr. DeCoste?
MR. DECOSTE: In April of 2000 -- well, the question that was posed to the Sergeant was: Is there any evidence of communication between the two?
This document is from the State's exhibit from the cellebrite for Charles Adelson, which they have already entered in. we've already agreed to the authentication. It's a question of hearsay. That was the only thing that we had with each respective communication.
what we have in that document is text messages in between Charles Adelson and Katherine Magbanua. And it begins, and I can read it directly in. On April 25th, 2014, Katherine Magbanua writes to Charles Adelson --
JUDGE HANKINSON: Keep your voice down a little bit.
MR. DECOSTE: -- did Tuto call your phone?
Answer: No.
Answer: Actually, he did.
Another answer: He invited me to go deep sea fishing. He was so nice.
Katherine to Charles: I'm serious. He's fucking driving me crazy.
Question from Katherine to Charles: Is your cell phone listed online?
Answer: I don't think my cell is listed online.
This impeaches this witness. This is -- this establishes that there was communication in between Sigfredo Garcia and Charles Adelson months before the murder. Not a long time, right before. This is four --
JUDGE HANKINSON: Between who? Charles Adelson and who?
MR. DECOSTE: Between Katherine Magbanua, my client, and Charles Adelson where Katherine asks, did Tuto --
JUDGE HANKINSON: He's looking at who is the communicator here, not what might have been said in the substance of some text.
MR. DECOSTE: No, Your Honor. When he's reviewing, he's looking at the substance of the texts and he was asked that question. This goes to the heart of our case. This is the defense's key piece of evidence because it establishes a connection in between Charles Adelson and Sigfredo Garcia. Without this, our defense is gutted, Your Honor. This is the State's own evidence.
JUDGE HANKINSON: Arguments like that are --
MR. DECOSTE: The Court has consistently allowed communications between people that are not witnesses in this case and allowed it to come in before the jury. This is directly to impeach what he just testified to because it shows that Sigfredo Garcia knew of a way to contact Charles Adelson and was communicating with him.
MR. ZANGENEH: Judge, at this time, I move to sever the cases. If not, I move for a mistrial.
(Attorneys confer off the record.)
JUDGE HANKINSON: Remind me who you think Tuto is supposed to be?
MR. DECOSTE: It's well-established in this trial that Tuto is Sigfredo Garcia. Luis Rivera testified to that.
JUDGE HANKINSON: I thought you were asking him whether there was communication with Rivera.
MR. DECOSTE: No, this is in between -- this establishes that there was a means of communication.
IN OPEN COURT
JUDGE HANKINSON: I'm going to need to talk with the attorneys about this and there's no sense keeping y'all around. would y'all be offended if we broke a few minutes early?
JUROR: Not at all.
(Laughter. )
JUDGE HANKINSON: All right. See y'all tomorrow morning. Be back the same time, same place. Don't discuss the case with anyone.
(Jury excused from the courtroom at 4:42 p.m.)
JUDGE HANKINSON: You can step down.
(Witness excused from the courtroom.)
MR. DECOSTE: Your Honor, 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.
All right. So let me make sure I understand what you're saying. You're saying in iCloud records of Adelson, Charles 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 -- and this is April 25th of 2014, weeks before the first trip to Tallahassee.
The first text message from Katherine Magbanua to Charles Adelson -- and this is the government's evidence that I'm reading from -- did Tuto call your phone?
Answer from Charles Adelson: No.
Answer: Actually, he did.
Third answer: He invited me to go deep sea fishing. He was so nice.
Response from Katherine to Charles Adelson: I'm serious. He's fucking driving me crazy.
Second response from Katherine Magbanua: Is your cell phone listed online?
Response from Charles Adelson: I don't think my cell is listed online.
This all occurs on April 25th, 2014.
Your Honor, 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 that they were having dinner.
This is the government's exhibit. They have tried to move it in before. They have used it through this witness to reference other dates. This is being used in the same fashion, but more importantly, it's being used to impeach this witness because this witness said he reviewed all of this and that there is no evidence in there of communications in between Sigfredo Garcia and Charles Adelson. Clearly, this impeaches that.
JUDGE HANKINSON: Ms. Norris.
MS. NORRIS: Yes, sir. Your Honor, I was very specific in my questions to Sergeant Corbitt about whether or not in reviewing the communication records and the icloud, whether there was evidence of communication directly between Sigfredo Garcia and Charles Adelson.
I didn't ask him about innuendo or suggestion or sarcasm. The State's position is, Number 1, this iCloud belonging to Charles Adelson is not in evidence in this case. It has not been introduced and is not in evidence.
Number 2, these statements are self-serving hearsay statements of the defendant, Katherine Magbanua, being offered. They are inadmissible hearsay, her questioning about whether or not Tuto had contact with Charlie Adelson.
And I'd also note the tone of sarcasm when you actually read the text messages themselves. She specifically asks him: Did to Tuto call your phone? He responds: No.
And then, you can read from the text, actually he did. He invited me to go deep sea fishing. He was so nice. we've heard all about how they hate each other and he's being sarcastic. And then she responds: I'm serious. He's fucking driving me crazy. Is your cell phone listed online, she said. And he says, I don't think my cell is listed online, which shows the sarcasm in here. I anticipate --
JUDGE HANKINSON: Who is -- they're asking about whose cell phone?
MS. NORRIS: Katherine Magbanua asked Charles Adelson: Is your cell phone listed online? Once she indicates, I'm serious, is your cell phone listed online? And he responds, no, he doesn't think it's online.
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. And that's why I made my question about phone records and direct contacts in the Cellebrite -- not Cellebrite, iCloud between those respective parties.
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: Your Honor, brief response?
JUDGE HANKINSON: Mr. Zangeneh has a stake in this, too. He can be heard.
MR. ZANGENEH: Thank you, Judge.
Judge, at this time, I've been instructed to withdraw my previous objection and my previous motion.
JUDGE HANKINSON: Let's have Sergeant Corbitt back up, if you would, please.
(witness returns to the courtroom. )
JUDGE HANKINSON: Clarify for me, you made some -- unfortunately, my notes aren't good enough -- you can sit down, sit down; I'm 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, 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.
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 could eat somewhere around here. There was a location given where they could go to dinner, again, just to put context to what they were looking at.
JUDGE HANKINSON: And these are the same records Mr. DeCoste is now talking about?
CHRISTOPHER CORBITT: That's correct, sir.
JUDGE HANKINSON: well, I think the State has 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. You specifically elicited that testimony, relied upon what's in the icloud records. So I'll overrule the objection.
Anything else we need to resolve?
MS. CAPPLEMAN: Judge, I would just ask that the defense review the exhibits one more time tonight.
JUDGE HANKINSON: I want you to put all the exhibits out. I don't want to hear about any more exhibits not being here.
we do have one other issue just to muddy the waters a little bit more. You'll have to talk to Sergeant Gore who is in the back as to the specifics of who has told him what, but apparently it has been reported to him -- you can sit down -- that two of the witnesses this morning violated the rule of sequestration by watching the other one on the live stream while they were testifying.
I don't want to start discussing it. I'll let y'all investigate what the situation is and who they're talking about. It does strike me now we've got three witnesses who conceivably have -- 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 either -- 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. 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. So that was the basis of my ruling.
we'll see y'all at 8:30.
(Court adjourned at 4:53 p.m.)