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Garcia–Magbanua transcript transcript Clariza Lebredo — Direct/Cross - Day 5 - Garcia–Magbanua Clariza Lebredo, dental assistant at the Adelson Institute for nearly 40 years, testified that Katherine Magbanua was known to her only as a dental patient and was never observed working at the office in any capacity. Anna NorrisChristopher DeCosteSaam ZangenehJames C. HankinsonClariza LebredoMs. NorrisJudge HankinsonCourt ClerkClariza LebredoMr. DeCosteMr. Zangenehdirectcrossjury_question
Garcia–Magbanua / Day 5 / October 3, 2019
5 pages · 5 witnesses · 3,695 lines
Clariza Lebredo, dental assistant at the Adelson Institute for nearly 40 years, testified that Katherine Magbanua was known to her only as a dental patient and was never observed working at the office in any capacity.
Proceedings
Direct Clariza Lebredo - Direct Line 1
Cross Clariza Lebredo - Cross Line 211
Jury Questions Clariza Lebredo - Juror Questions Line 233
1 2:32:56

MS. NORRIS: The state calls Clariza Lebredo.

2 2:33:42

JUDGE HANKINSON: Come on up here, please.

3 2:33:49

JUDGE HANKINSON: Raise your right hand and face the clerk to be sworn, please.

4 2:33:53

COURT CLERK: Do you swear that the testimony you're about to give will be the truth?

5 2:33:56
6 2:33:59

JUDGE HANKINSON: Have a seat. Slide up your microphone, please, ma'am.

7 2:34:05

JUDGE HANKINSON: You may proceed.

8 2:34:06

MS. NORRIS: Thank you, Judge. Good morning.

9 2:34:08

CLARIZA LEBREDO: Good morning.

10 2:34:09

MS. NORRIS: Can you introduce yourself to the jury and spell your first and your last name for the court reporter?

11 2:34:09

CLARIZA LEBREDO: I'm Clariza Lebredo. C-L-A-R-I-Z-A, L-E-B-R-E-D-O.

12 2:34:25

MS. NORRIS: Where are you employed, Ms. Lebredo?

13 2:34:27

CLARIZA LEBREDO: The Adelson Institute.

14 2:34:29

MS. NORRIS: How long have you worked for the Adelson Institute?

15 2:34:32

CLARIZA LEBREDO: Almost 40 years.

16 2:34:34

MS. NORRIS: Where is the Adelson Institute located?

17 2:34:37

CLARIZA LEBREDO: Tamarac, Florida.

18 2:34:38

MS. NORRIS: Do you know the exact address?

19 2:34:40

CLARIZA LEBREDO: 7737 North University Drive, Suite 207.

20 2:34:47

MS. NORRIS: Has it been at that location for the past ten years?

21 2:34:51
22 2:34:52

MS. NORRIS: And what is the Adelson Institute?

23 2:34:57

CLARIZA LEBREDO: It's a dental office.

24 2:34:59

MS. NORRIS: What is your position in that dental office?

25 2:35:02

CLARIZA LEBREDO: I'm Dr. Harvey Adelson's assistant.

26 2:35:07

MS. NORRIS: Do you ever work at the front desk?

27 2:35:09

CLARIZA LEBREDO: I'll answer the phone, but that's not my job.

28 2:35:13

MS. NORRIS: You're more of the practical dental assistant.

29 2:35:15

CLARIZA LEBREDO: I'm a dental assistant. I'm his dental assistant — Dr. Adelson.

30 2:35:15

MS. NORRIS: Who is Erika Johnson?

31 2:35:23

CLARIZA LEBREDO: She works in the office.

32 2:35:26

MS. NORRIS: And what does she do for the office?

33 2:35:27

CLARIZA LEBREDO: She works up front, and she's a surgical assistant.

34 2:35:32

MS. NORRIS: To whom?

35 2:35:33

CLARIZA LEBREDO: To Charlie Adelson.

36 2:35:38

MS. NORRIS: So — So you work for Dr. Harvey Adelson. Obviously, you know who he is, correct?

37 2:35:42
38 2:35:43

MS. NORRIS: Do you know his wife?

39 2:35:44
40 2:35:45

MS. NORRIS: Who is that?

41 2:35:46

CLARIZA LEBREDO: Donna Adelson.

42 2:35:46

MS. NORRIS: Is she employed by the Adelson Institute as well?

43 2:35:49

CLARIZA LEBREDO: No, she does not work at the Adelson Institute. Not now.

44 2:35:55

MS. NORRIS: Did she work there back in 2016?

45 2:35:55

CLARIZA LEBREDO: Yeah. Yes.

46 2:35:55

MS. NORRIS: What about 2017?

47 2:36:07

CLARIZA LEBREDO: Not all the time.

48 2:36:07

MS. NORRIS: So you're telling me she was not the Adelson Institute's office manager?

49 2:36:15

CLARIZA LEBREDO: She was the office manager, but didn't come in every day.

50 2:36:19

CLARIZA LEBREDO: I can't remember all of it.

51 2:36:25

MS. NORRIS: Would it refresh your memory to see a transcript from your deposition that you took on — excuse me, that was taken of you on October 25th of 2017?

52 2:36:36
53 2:36:37

MS. NORRIS: That wouldn't refresh your memory?

54 2:36:39
55 2:36:40

MS. NORRIS: Do you recall being asked the question, "What does Donna do at the Adelson Institute?" And your response was, "Donna was our office manager"?

56 2:36:50

CLARIZA LEBREDO: I would say that. Sometimes I say different. It's office manager — she's the boss.

57 2:36:56

MS. NORRIS: So she does work at the Adelson Institute?

58 2:36:59
59 2:36:59

MS. NORRIS: And you're familiar with Harvey and Donna Adelson's children, are you not?

60 2:36:59
61 2:36:59

MS. NORRIS: You know Charlie Adelson?

62 2:36:59
63 2:36:59

MS. NORRIS: As well as Wendi Adelson?

64 2:36:59
65 2:36:59

MS. NORRIS: How long have you known them for?

66 2:37:15

CLARIZA LEBREDO: Wendi was about 2, and Charlie must have been 6 — 6 years old.

67 2:37:21

MS. NORRIS: So you've known them mostly almost 40 years.

68 2:37:24

MS. NORRIS: Okay. And if you could wait till I'm done asking the questions, so the court reporter can get down everything correctly. Okay?

69 2:37:35

MS. NORRIS: Back in the 2015–2016 time frame, who all was employed at the Adelson Institute?

70 2:37:47

CLARIZA LEBREDO: Erika — Erika, myself, Dr. Adelson, Charlie, and our hygienist.

71 2:37:56

MS. NORRIS: Who was that?

72 2:37:58

CLARIZA LEBREDO: It was Amy.

73 2:38:00

CLARIZA LEBREDO: And then, of course, Donna Adelson.

74 2:38:02

MS. NORRIS: And then Donna.

75 2:38:04

MS. NORRIS: And those are the only employees that work there, correct?

76 2:38:06
77 2:38:08

MS. NORRIS: Are there any other dentists who work at the office besides Dr. Harvey Adelson and Dr. Charlie Adelson?

78 2:38:13
79 2:38:15

MS. NORRIS: What are the business hours for the Adelson Institute?

80 2:38:18

CLARIZA LEBREDO: Eight to five.

81 2:38:20

CLARIZA LEBREDO: And then we had a late night that was eleven to seven.

82 2:38:25

MS. NORRIS: And the eight-to-five business hours, those were Monday, Tuesday, and Thursdays, right?

83 2:38:29

CLARIZA LEBREDO: Monday, Tuesday, and Thursday, yes.

84 2:38:29

MS. NORRIS: The late day was Wednesday — that would be eleven to seven.

85 2:38:34

CLARIZA LEBREDO: Right. Right, we've changed it, but —

86 2:38:37

MS. NORRIS: Back at this time?

87 2:38:38

CLARIZA LEBREDO: Back at that time, it was eleven to seven on Wednesday.

88 2:38:42

MS. NORRIS: Would those be your regular working hours as well?

89 2:38:45

CLARIZA LEBREDO: I'm sorry?

90 2:38:46

MS. NORRIS: Would those times that you've indicated, and those dates, be the regular hours that you would work as well?

91 2:38:51

CLARIZA LEBREDO: Yes, yes.

92 2:38:52

MS. NORRIS: Did y'all routinely see patients on a Friday?

93 2:38:56

CLARIZA LEBREDO: No, not regularly.

94 2:38:58

MS. NORRIS: What about on the weekend?

95 2:38:59
96 2:39:00

MS. NORRIS: No. Does the Adelson Institute have — or back at this time, because I know you have a service now, but back at the time, 2015, 2016 — if a patient were to call the Adelson Institute and y'all were closed because it was Friday, Saturday, or Sunday, that call would be routed to a voicemail machine y'all had, wouldn't it?

97 2:39:16
98 2:39:22

MS. NORRIS: And every Monday morning when you came in, y'all would — it was like an old-school machine.

99 2:39:27

CLARIZA LEBREDO: It was. It was, yeah.

100 2:39:29

CLARIZA LEBREDO: I would hear the messages at eight.

101 2:39:29

MS. NORRIS: Do you open up at a quarter of eight o'clock?

102 2:39:34

CLARIZA LEBREDO: Yes, ma'am.

103 2:39:34

MS. NORRIS: So you'd review those voice messages and then return the phone calls of the patients that had called while the office was closed.

104 2:39:39
105 2:39:45

MS. NORRIS: Does the Adelson Institute, if you're aware, maintain employee records?

106 2:39:50

CLARIZA LEBREDO: They must. They must, because they're a business, right?

107 2:39:53

MS. NORRIS: Exactly. Okay. Do you know who has access to those employee records, those employee files?

108 2:39:53
109 2:39:59

MS. NORRIS: You don't?

110 2:40:01
111 2:40:02

MS. NORRIS: Would it refresh your memory to see the deposition transcript that you took in October of 2017?

112 2:40:09
113 2:40:14

MS. NORRIS: Do you have access to employee records?

114 2:40:16
115 2:40:19

MS. NORRIS: Back in your deposition, you were asked, question: "Does anyone other than Harvey, Donna, and Charlie have access to employee records, to your knowledge?" And your answer was no.

116 2:40:19

MR. DECOSTE: Can we get a page and line reference?

117 2:40:19

MS. NORRIS: Yes, sir. Sorry — page 10, lines 3 through 6. Do you remember being asked the question, "Does anyone other than Harvey, Donna, and Charlie have access to employee records, to your knowledge?" And you answered no.

118 2:40:44

MR. DECOSTE: Objection, improper.

119 2:40:45
120 2:40:45

JUDGE HANKINSON: Overruled.

121 2:40:46

CLARIZA LEBREDO: Do I remember that question?

122 2:40:48

MS. NORRIS: Do you remember being asked that question and giving that answer?

123 2:40:48

CLARIZA LEBREDO: I don't remember.

124 2:40:52

MS. NORRIS: But you don't want me to refresh you by showing you the transcript?

125 2:40:56
126 2:41:04

MS. NORRIS: Do you remember, during that deposition, going to the Broward County Courthouse to be deposed?

127 2:41:11
128 2:41:11

MS. NORRIS: And you recall that counsel for the defense was present at that deposition?

129 2:41:15
130 2:41:16

MS. NORRIS: And a representative from the State was also present?

131 2:41:19
132 2:41:20

MS. NORRIS: And there was a court reporter there, just like we have today?

133 2:41:24
134 2:41:25

MS. NORRIS: And she was taking down every word that you said as you said it?

135 2:41:28
136 2:41:29

MS. NORRIS: And you recall raising your hand and swearing to tell the truth, the whole truth, and nothing but the truth in that deposition?

137 2:41:40

MS. NORRIS: Do you recall two police officers coming to the Adelson Institute back in June of 2016, around eleven o'clock in the morning?

138 2:41:49
139 2:41:50

MS. NORRIS: And how did you know they were police officers?

140 2:41:55

CLARIZA LEBREDO: I didn't.

141 2:41:56

CLARIZA LEBREDO: They weren't dressed as police officers.

142 2:41:58

MS. NORRIS: Did they advise you that they were?

143 2:42:00

CLARIZA LEBREDO: I don't remember.

144 2:42:13

MS. NORRIS: During the course of their being at the Adelson Institute, you learned that they were, in fact, police officers, though?

145 2:42:19
146 2:42:26

MS. NORRIS: When these two officers encountered you — and this would have been June 1st, 2016 — did they ask you if you were familiar with an employee named Katherine Magbanua?

147 2:42:36
148 2:42:37

MS. NORRIS: And you told them no, you were not familiar with an employee named Katherine Magbanua, correct?

149 2:42:42

CLARIZA LEBREDO: Right, correct.

150 2:42:44

MS. NORRIS: At that point, did you go seek assistance from another employee at the Adelson Institute?

151 2:42:50

CLARIZA LEBREDO: I went and got Erika.

152 2:42:51

MS. NORRIS: This is the Erika Johnson we mentioned earlier?

153 2:42:53
154 2:42:56

MS. NORRIS: And once you got Erika Johnson, did she then go and speak with the investigators?

155 2:43:00
156 2:43:08

MS. NORRIS: Do you know the defendant in this case, Katherine Magbanua?

157 2:43:17

MS. NORRIS: Do you know if she's ever been a patient at the office?

158 2:43:19

CLARIZA LEBREDO: She's been a patient.

159 2:43:22

MS. NORRIS: And that's the extent of your understanding of who she is — a patient at the office?

160 2:43:27
161 2:43:27

MS. NORRIS: Approximately how many times has she been a patient there?

162 2:43:31

CLARIZA LEBREDO: I think we worked on her once.

163 2:43:35

CLARIZA LEBREDO: She was a patient one day in my chair.

164 2:43:42

MS. NORRIS: Is it possible she was a patient more than once?

165 2:43:44

CLARIZA LEBREDO: Because she might have had a cleaning, too.

166 2:43:52

MS. NORRIS: And you're not able to say that Ms. Magbanua was employed by the Adelson Institute, are you?

167 2:43:52

MR. DECOSTE: Objection — asked and answered.

168 2:43:58

JUDGE HANKINSON: Sustained.

169 2:44:01

MS. NORRIS: And you're — I believe you said it's now been forty years.

170 2:44:04

MS. NORRIS: But in the entire time you've worked at the Adelson Institute, have you ever physically seen this woman at the Adelson Institute?

171 2:44:11
172 2:44:12

MS. NORRIS: Other than as a patient?

173 2:44:13
174 2:44:14

MS. NORRIS: How do you get paid by the Adelson Institute? Are you hourly or salaried, do you know?

175 2:44:22

CLARIZA LEBREDO: I think I'm salaried.

176 2:44:26

MS. NORRIS: Do you get paid by check?

177 2:44:27
178 2:44:28

MS. NORRIS: Do you get paid in advance of the time period you're going to work, or do you get paid once you've completed a certain—

179 2:44:35

CLARIZA LEBREDO: Once you complete. Every two weeks.

180 2:44:35

MS. NORRIS: That was my next question. You're paid—

181 2:44:35

CLARIZA LEBREDO: I'm paid every two weeks, yes.

182 2:44:47

MS. NORRIS: Do — you ever get paid for weeks of work? I can't talk, I'm sorry. Do you have you ever been paid for weeks of work prior to completing the work?

183 2:44:55
184 2:44:55

MS. NORRIS: Have you ever received three paychecks at a time?

185 2:44:56
186 2:44:56

MS. NORRIS: When?

187 2:44:56

CLARIZA LEBREDO: If they're going to go away on vacation, then that's when I would get maybe two extra checks, the weeks they were going to be away. Then I got, because I'll be in the office while they're away.

188 2:44:56

MS. NORRIS: How frequently would that happen?

189 2:44:56

CLARIZA LEBREDO: Once a year, when they go away.

190 2:44:56

MS. NORRIS: So that would be a very rare occurrence, for you to be paid multiple paychecks at a time?

191 2:44:56
192 2:44:56

MS. NORRIS: Have you ever — sorry.

193 2:44:56
194 2:44:56

MS. NORRIS: Were you ever paid four paychecks at a time in advance?

195 2:44:56
196 2:44:56

MS. NORRIS: Nothing more than that?

197 2:44:56

CLARIZA LEBREDO: No, either.

198 2:45:40

MS. NORRIS: Have any of Charlie Adelson's girlfriends ever been on the Adelson payroll, to your knowledge?

199 2:45:44

CLARIZA LEBREDO: Not that I know.

200 2:45:50

MS. NORRIS: Have you ever been aware of any Adelson Institute employee, in the history of your employment there, that worked exclusively by phone or remotely?

201 2:45:58
202 2:46:03

MS. NORRIS: Are you still working there to this day?

203 2:46:05
204 2:46:18

MS. NORRIS: Yes. If I could have one moment, okay?

205 2:46:19

JUDGE HANKINSON: You may.

206 2:46:22

MS. NORRIS: I have no further questions. Thank you, Ms. Lebredo.

207 2:46:25

CLARIZA LEBREDO: Thank you.

208 2:46:25
209 2:46:26

MR. ZANGENEH: Just one second, Your Honor.

210 2:46:53

MR. DECOSTE: No questions for Mr. Garcia.

211 2:46:54

JUDGE HANKINSON: Magbanua.

212 2:46:56

MR. DECOSTE: Yes, sir.

213 2:46:59

MR. DECOSTE: Is it Lebrada or Lebredo?

214 2:47:01

CLARIZA LEBREDO: Lebredo.

215 2:47:02

MR. DECOSTE: Lebredo.

216 2:47:03

MR. DECOSTE: Lebredo?

217 2:47:05

CLARIZA LEBREDO: Lebredo.

218 2:47:05

MR. DECOSTE: Lebredo.

219 2:47:07

MR. DECOSTE: Good morning.

220 2:47:08

CLARIZA LEBREDO: Good morning.

221 2:47:12

MR. DECOSTE: Correct me if I'm wrong. Charlie Adelson would travel a lot for work. He would be at other dental practices doing work.

222 2:47:20
223 2:47:21

MR. DECOSTE: I think the term is called a suitcase dentist. You were asked a question by the government — they asked you if any employees had ever worked by phone for the Adelson Institute, and it was "if you know." Do you know if anybody ever worked by phone?

224 2:47:42
225 2:47:43

MR. DECOSTE: It is possible that somebody did work by phone for the Adelson Institute and you just don't know.

226 2:47:50

CLARIZA LEBREDO: I don't know that. Don't know the answer.

227 2:47:52

MR. DECOSTE: Don't know the answer. You don't know what you don't know.

228 2:47:55

CLARIZA LEBREDO: I don't know. I've never heard of that.

229 2:47:59

MR. DECOSTE: One brief moment, Your Honor.

230 2:47:59

MR. DECOSTE: Nothing further, Your Honor.

231 2:48:00

JUDGE HANKINSON: Redirect.

232 2:48:01

MS. NORRIS: No, Your Honor.

233 2:48:02

JUDGE HANKINSON: Any juror have a question of this witness? Write your question down we'll go to sidebar.

234 2:50:06

JUDGE HANKINSON: So were you the only one that checked the voicemail machine?

235 2:50:11
236 2:50:13

JUDGE HANKINSON: Anyone else ever doing that?

237 2:50:17

CLARIZA LEBREDO: When Erika comes in she might check it also, but usually I'm the first one, for a while, because I come in at 8, quarter of 8.

238 2:50:25

JUDGE HANKINSON: So you're usually the first one in?

239 2:50:27
240 2:50:28

JUDGE HANKINSON: And you check them when you come in?

241 2:50:31
242 2:50:31

JUDGE HANKINSON: Okay. Any follow-ups, Ms. Norris?

243 2:50:33

MS. NORRIS: No, Your Honor.

244 2:50:34

MR. ZANGENEH: Follow-up Garcia? Yes, just two quick questions.

245 2:50:49

MR. ZANGENEH: Good late morning.

246 2:50:51

MR. ZANGENEH: Just a follow-up on that issue.

247 2:50:55

MR. ZANGENEH: You indicated yourself and another employee had the ability to check the voicemails. Would I be correct in assuming that Dr. Harvey Adelson could also check his voicemails?

248 2:51:04

CLARIZA LEBREDO: Now they can.

249 2:51:07

MR. ZANGENEH: Okay, like today?

250 2:51:09

CLARIZA LEBREDO: Now, meaning now we have an answering system, an answer-comm system.

251 2:51:14

MR. ZANGENEH: Okay. And when did you get that system?

252 2:51:14

CLARIZA LEBREDO: Maybe over a year ago, a couple years maybe.

253 2:51:14

MR. ZANGENEH: So before that you had, like, a machine?

254 2:51:14

CLARIZA LEBREDO: Yes. So they couldn't retrieve the messages.

255 2:51:32

MR. ZANGENEH: Who was in charge of this phone line? Let me — let me ask it this way: did Harvey Adelson have the ability to contact the phone provider with regard to the line for the Adelson Institute?

256 2:51:41

MS. NORRIS: Objection. Speculation. Lack of foundation.

257 2:51:42

JUDGE HANKINSON: Sustained.

258 2:51:53

MR. ZANGENEH: Was Mr. Adelson the owner of the Adelson Institute? Harvey Adelson?

259 2:51:58

CLARIZA LEBREDO: Dr. Adelson. Yes.

260 2:52:00

MR. ZANGENEH: He was the owner. Correct?

261 2:52:02
262 2:52:02

MR. ZANGENEH: Did he have the ability to participate in actions with regard to the telephone database that you guys had?

263 2:52:12

CLARIZA LEBREDO: He doesn't listen to the messages.

264 2:52:15

MR. ZANGENEH: Are you sure he's never listened to one of the messages in the whole time that you've been there?

265 2:52:19

CLARIZA LEBREDO: You mean he actually physically goes and— No.

266 2:52:24

MR. ZANGENEH: Have you ever— has there ever been a time where Dr. Adelson was there that you weren't there?

267 2:52:32

CLARIZA LEBREDO: I'm sure.

268 2:52:32

MR. ZANGENEH: Right. So there's — there's times where you indicated that there's a split schedule, correct, with regard to the hours of operation, the time?

269 2:52:43
270 2:52:43

MR. ZANGENEH: And then there's some days that you're open from 9 to 5, correct?

271 2:52:47
272 2:52:49

MR. ZANGENEH: I apologize — 8 to 5. What days were that again?

273 2:52:51

CLARIZA LEBREDO: Monday, Tuesday and Thursday.

274 2:52:51

MR. ZANGENEH: Okay. And I'm going to ask you a question — not that you were called, but on July 1st, 2014, that was a Tuesday. Do you remember if that— July 1st, 2014. If I told you that was a Tuesday, would you have any reason to believe that I'm telling you something incorrect? Well, let me ask you this: on Tuesdays you guys were open from 8:30 to 5, correct?

275 2:53:20
276 2:53:21

MR. ZANGENEH: If Dr. Adelson was ever expecting a call, did he have the ability to forward the office calls to his cell phone?

277 2:53:21

MS. NORRIS: Objection. Same objection.

278 2:53:21

CLARIZA LEBREDO: She can answer if she knows.

279 2:53:21

CLARIZA LEBREDO: I don't know.

280 2:53:21

MR. ZANGENEH: Thank you.

281 2:53:42

JUDGE HANKINSON: You can step down. Do we need to keep this witness any further?

282 2:53:42

JUDGE HANKINSON: Thank you. You're excused.