3.Clariza Lebredo — Direct/Cross
316 linesMS. NORRIS: The State calls Clariza Lebredo.
JUDGE HANKINSON: Come on up here, please, ma'am. Would you raise your right hand and face the clerk to be sworn, please?
whereupon, CLARIZA LEBREDO was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat. Slide up to the microphone, please, ma'am.
You may proceed.
MS. NORRIS: Thank you, Judge.
DIRECT EXAMINATION BY MS. NORRIS:
MS. NORRIS: Good morning.
CLARIZA LEBREDO: Good morning.
MS. NORRIS: Can introduce yourself to the jury and spell your first and your last name for our court reporter?
CLARIZA LEBREDO: I'm Clariza Lebredo, C-L-A-R-I-Z-A, L-E-B-R-E-D-O.
MS. NORRIS: where are you employed, Ms. Lebredo?
CLARIZA LEBREDO: The Adelson Institute.
MS. NORRIS: How long have you worked for the Adelson Institute?
CLARIZA LEBREDO: Almost 40 years.
MS. NORRIS: where is the Adelson Institute located?
CLARIZA LEBREDO: Tamarac, Florida.
MS. NORRIS: Do you know the exact address?
CLARIZA LEBREDO: 7737 North University Drive, Suite 207.
MS. NORRIS: Has it been at that location for the past ten years?
CLARIZA LEBREDO: Yes.
MS. NORRIS: And what is the Adelson Institute?
CLARIZA LEBREDO: It's a dental office.
MS. NORRIS: what is your position in that dental office?
CLARIZA LEBREDO: I'm Harvey Adelson's -- Dr. Harvey Adelson's assistant.
MS. NORRIS: Do you ever work at the front desk?
CLARIZA LEBREDO: I'll answer the phone, but that's not my job.
MS. NORRIS: You're more of the practical dental assistant as --
CLARIZA LEBREDO: I'm a dental assistant. I'm his dental assistant, Dr. Adelson's.
MS. NORRIS: who is Erika Johnson?
CLARIZA LEBREDO: She works in the office.
MS. NORRIS: And what does she do for the office?
CLARIZA LEBREDO: She works up front and she's a surgical assistant.
MS. NORRIS: To whom?
CLARIZA LEBREDO: To Charlie Adelson.
MS. NORRIS: So you work for Dr. Harvey Adelson so obviously you know who he is; correct?
CLARIZA LEBREDO: Yes.
MS. NORRIS: Do you know his wife?
CLARIZA LEBREDO: Yes.
MS. NORRIS: who is that?
CLARIZA LEBREDO: Donna Adelson.
MS. NORRIS: Is she employed by the Adelson Institute as well?
MS. NORRIS: She does not work at the Adelson Institute?
CLARIZA LEBREDO: Not now.
MS. NORRIS: Did she work there back in 2016?
CLARIZA LEBREDO: Yes.
MS. NORRIS: What about 2017?
CLARIZA LEBREDO: Not all the time.
MS. NORRIS: So you're telling me she was not the Adelson Institute's office manager?
CLARIZA LEBREDO: She was the office manager, but didn't come in every day. I can't remember all the --
MS. NORRIS: would it refresh your memory to see a transcript from your deposition that you took on -- excuse me, it was taken of you on October 25th of 2017?
MS. NORRIS: That wouldn't refresh your memory?
MS. NORRIS: Do you recall being asked the question: "what does Donna do at the Adelson Institute?"
And your response --
MR. DECOSTE: Objection, improper impeachment, improper refreshing.
JUDGE HANKINSON: Overruled.
BY MS. NORRIS:
MS. NORRIS: And your response was: "Donna was our office manager."
CLARIZA LEBREDO: I would say that sometimes. I say different -- the office manager, she's the boss.
MS. NORRIS: So she does work at the Adelson Institute?
CLARIZA LEBREDO: Yes.
MS. NORRIS: And you're familiar with Harvey and Donna Adelson's children; are you not?
CLARIZA LEBREDO: Yes.
MS. NORRIS: You know Charlie Adelson?
CLARIZA LEBREDO: Yes.
MS. NORRIS: As well as wendi Adelson?
CLARIZA LEBREDO: Yes.
MS. NORRIS: How long have you known them for?
CLARIZA LEBREDO: wendi was about two and he -- Charlie must have been six, Six years old.
MS. NORRIS: So you've known them --
CLARIZA LEBREDO: Almost 40 years.
MS. NORRIS: Okay. And if you could wait until I'm done asking the question so the court reporter can get down everything correctly, okay?
Back in 2000 -- I'm like in the 2015, 2016 time frame, who all was employed at the Adelson Institute?
CLARIZA LEBREDO: Erika -- Erika, myself, Dr. Adelson, Charlie, and our hygienist.
MS. NORRIS: who is that?
CLARIZA LEBREDO: It was Amy.
MS. NORRIS: And then, of course, Donna Adelson?
CLARIZA LEBREDO: And then Donna.
MS. NORRIS: And those were the only employees that worked there; correct?
CLARIZA LEBREDO: Yes.
MS. NORRIS: Are there any other dentists who work at the office besides Dr. Harvey Adelson and Dr. Charles Adelson?
MS. NORRIS: what are the business hours for the Adelson =Institute?
CLARIZA LEBREDO: 8:00 to 5:00. And then we had a late night that was 11:00 to 7:00.
MS. NORRIS: And the 8:00 to 5:00 business hours, those were Monday, Tuesday, and Thursdays; right?
CLARIZA LEBREDO: Monday, Tuesday, and Thursday, yes.
MS. NORRIS: The late day was Wednesday would be 11:00 to 7:00 p.m.?
CLARIZA LEBREDO: Right. We've changed it, but.
MS. NORRIS: But back at this time, those were --
CLARIZA LEBREDO: Back at that time it was 11:00 to 7:00 on wednesday.
MS. NORRIS: would those be your regular working hours as well?
CLARIZA LEBREDO: I'm sorry?
MS. NORRIS: would those times that you've indicated and dates be the regular hours that you would work as well?
CLARIZA LEBREDO: Oh, yes, yes.
MS. NORRIS: Did you all routinely see patients on a Friday?
CLARIZA LEBREDO: No, not regularly.
MS. NORRIS: What about on the weekends?
MS. NORRIS: Does Adelson Institute have like -- or back at this time, because I know you have a service now, but back at this 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 voice mail machine y'all had; wouldn't it?
CLARIZA LEBREDO: Yes.
MS. NORRIS: And every Monday morning when you came in, y'all would -- it was like an old school machine?
CLARIZA LEBREDO: It was -- it was, yeah. I would hear the messages as 8:00 because I open up, quarter of 8:00, 8:00.
MS. NORRIS: Yes, ma'am. So you would review those voice messages and then return the patients’ phone calls that had called while the office was closed?
CLARIZA LEBREDO: Yes.
MS. NORRIS: Does the Adelson Institute, if you're aware, maintain like employee records?
CLARIZA LEBREDO: They must.
MS. NORRIS: They must because they're a business; right?
CLARIZA LEBREDO: Exactly.
MS. NORRIS: Do you know who has access to those employee records, employee files?
MS. NORRIS: You don't?
MS. NORRIS: would it refresh your memory to see the deposition transcript that you took in October of 2017?
MS. NORRIS: Do you have access to employee records?
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."
MR. DECOSTE: Can we get a page and line reference?
MS. NORRIS: Yes, sir, sorry; Page 10, Lines 3 through 6.
BY MS. NORRIS:
MS. NORRIS: 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."
MR. DECOSTE: Objection, improper impeachment.
JUDGE HANKINSON: Overruled.
CLARIZA LEBREDO: Do I remember that question?
BY MS. NORRIS:
MS. NORRIS: Do you remember being asked that question and giving that answer?
CLARIZA LEBREDO: I don't remember.
MS. NORRIS: But you don't want me to refresh you by showing you the transcript?
MR. DECOSTE: Objection.
BY MS. NORRIS:
MS. NORRIS: Do you remember during that deposition going to the Broward County Courthouse to be deposed?
CLARIZA LEBREDO: Yes.
MS. NORRIS: And you recall that counsel for defense was present at that deposition?
CLARIZA LEBREDO: Yes.
MS. NORRIS: And a representative from the State was also present?
CLARIZA LEBREDO: Yes.
MS. NORRIS: And there was a court reporter there, just like we have today?
CLARIZA LEBREDO: Yes.
MS. NORRIS: And she was taking down every word that you said as you said it?
CLARIZA LEBREDO: Yes.
MS. NORRIS: And you recall raising your hand and swearing to tell the truth, the whole truth, and nothing but the truth --
CLARIZA LEBREDO: Yes.
MS. NORRIS: -- during that deposition?
Do you recall two police officers coming to the Adelson Institute back in June of 2016 around 11:00 in the morning?
CLARIZA LEBREDO: Yes.
MS. NORRIS: And how did you know they were police officers?
CLARIZA LEBREDO: I didn't. They weren't dressed as police officers.
MS. NORRIS: Did they advise you that they were?
CLARIZA LEBREDO: I don't remember.
MS. NORRIS: During the course of their being at the Adelson Institute, you learned that they were, in fact, police officers though?
CLARIZA LEBREDO: Yes.
MS. NORRIS: when these two officers encountered you, and this would have been June ist, 2016, did they ask you if you were familiar with an employee named Katherine Magbanua?
CLARIZA LEBREDO: Yes.
MS. NORRIS: And you told them, no, you were not familiar with an employee named Katherine Magbanua; correct?
CLARIZA LEBREDO: Right, correct.
MS. NORRIS: At that point, did you go seek assistance from another employee at the Adelson Institute?
CLARIZA LEBREDO: I went and got Erika.
MS. NORRIS: This is the Erika Johnson we mentioned earlier?
CLARIZA LEBREDO: Yes.
MS. NORRIS: And once you got Erika Johnson, did she then go and speak with the investigators herself?
CLARIZA LEBREDO: Yes.
MS. NORRIS: Do you know the defendant in this case, Katherine Magbanua?
MS. NORRIS: The female defendant?
Do you know if she's ever been a patient at the office?
CLARIZA LEBREDO: She's been a patient.
MS. NORRIS: And that's the extent of your understanding of who she is is as a patient of the office?
CLARIZA LEBREDO: Yes.
MS. NORRIS: Approximately how many times has she been a patient there?
CLARIZA LEBREDO: I think we worked on her once. She was a patient one day, in my chair.
MS. NORRIS: Is it possible she was a patient more than once?
CLARIZA LEBREDO: Because she might have had a cleaning, too.
MS. NORRIS: And you're not able to say that Ms. Magbanua was employed by Adelson Institute; are you?
MR. DECOSTE: Objection, asked and answered.
JUDGE HANKINSON: Sustained.
BY MS. NORRIS:
MS. NORRIS: And I believe you said it's now been 40 years, but in the entire time that you've worked at the Adelson Institute, have you ever physically seen this woman at the Adelson Institute?
MS. NORRIS: Other than as a patient?
MS. NORRIS: How do you get paid by the Adelson Institute? Are you hourly or salaried; do you know?
CLARIZA LEBREDO: I think I'm salary.
MS. NORRIS: Do you get paid by check?
CLARIZA LEBREDO: Yes.
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 time?
CLARIZA LEBREDO: Once you complete, every two weeks.
MS. NORRIS: That was my next question. You're paid every two weeks?
CLARIZA LEBREDO: I'm paid every two weeks, yes.
MS. NORRIS: Do you ever get paid for weeks of worth -- I can't talk, I'm sorry. Have you ever been paid for weeks of work prior to completing the work?
MS. NORRIS: Have you ever received three paychecks at a time?
CLARIZA LEBREDO: Yes.
MS. NORRIS: when?
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.
MS. NORRIS: How frequently would that happen?
CLARIZA LEBREDO: Once a year, when they go away.
MS. NORRIS: So that would be a very rare occurrence for you to be paid multiple paychecks at a time?
CLARIZA LEBREDO: Yes, only --
MS. NORRIS: Sorry?
CLARIZA LEBREDO: Yes.
MS. NORRIS: were you ever paid four paychecks at a time in advance?
MS. NORRIS: Nothing more than that --
MS. NORRIS: -- either?
Have any of Charlie Adelson's girlfriends ever been on the Adelson's payroll to your knowledge?
CLARIZA LEBREDO: Not that I know.
MS. NORRIS: And have you ever been aware of any Adelson Institute employee in the history of your employment there that worked exclusively by phone, or remotely?
MS. NORRIS: Are you still working there to this day?
CLARIZA LEBREDO: Yes.
MS. NORRIS: If I could have one moment?
JUDGE HANKINSON: You may.
MS. NORRIS: I have no further questions. Thank you, Ms. Lebredo.
JUDGE HANKINSON: Garcia.
MR. ZANGENEH: Just one second, Your Honor.
(Attorneys confer.)
MR. ZANGENEH: No questions for Mr. Garcia.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: Yes, Your Honor.
CROSS EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Is it Labrada?
CLARIZA LEBREDO: Lebredo, Lebredo.
MR. DECOSTE: Labrado?
CLARIZA LEBREDO: Lebredo.
MR. DECOSTE: Lebredo. Good morning.
CLARIZA LEBREDO: Good morning.
MR. DECOSTE: Correct me if I'm wrong, Charles Adelson would travel a lot for work? He would be at other dental practices doing work?
CLARIZA LEBREDO: Yes.
MR. DECOSTE: I think the term is called a suitcase dentist?
CLARIZA LEBREDO: I've never heard of that.
MR. DECOSTE: You were asked a question about 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?
MR. DECOSTE: It is possible that somebody did work by phone for the Adelson Institute and you just don't know?
CLARIZA LEBREDO: I don't know of that.
MR. DECOSTE: You don't know the answer?
CLARIZA LEBREDO: Don't know the answer.
MR. DECOSTE: You don't know what you don't know.
CLARIZA LEBREDO: I don't know. I've never heard of that.
MR. DECOSTE: One brief moment, Your Honor.
Nothing further, Your Honor.
JUDGE HANKINSON: Redirect.
MS. NORRIS: No, Your Honor.
JUDGE HANKINSON: Any juror have a question of this witness? All right. Write your question down. we'll go sidebar.
AT THE BENCH
JUDGE HANKINSON: Did the Adelson Institute ever have anyone besides the witness take calls off the voice mail machine?
Anybody have objection to that?
MS. NORRIS: I didn't hear the first part, I apologize.
JUDGE HANKINSON: Did the Adelson Institute ever have anyone besides the witness take calls off the voice mail machine?
MR. ZANGENEH: No objection from Garcia.
MS. NORRIS: No objection.
MR. DECOSTE: No objection.
IN OPEN COURT
JUDGE HANKINSON: So were you the only one that checked the voice mail machine?
CLARIZA LEBREDO: Yes.
JUDGE HANKINSON: Okay. You're not aware of anyone else ever doing that?
CLARIZA LEBREDO: When Erika comes in, she might check it also.
JUDGE HANKINSON: Okay.
CLARIZA LEBREDO: But usually I'm the first one for a while because I come in at 8:00, quarter of 8:00.
JUDGE HANKINSON: So you're usually the first one in?
CLARIZA LEBREDO: Yes.
JUDGE HANKINSON: And you check them when you come in?
CLARIZA LEBREDO: Yes.
JUDGE HANKINSON: Okay. Any follow-up, Ms. Norris?
MS. NORRIS: NO, Your Honor.
JUDGE HANKINSON: Follow-up, Garcia?
MR. ZANGENEH: Just two quick questions.
FURTHER EXAMINATION
BY MR. ZANGENEH:
MR. ZANGENEH: Good late morning.
CLARIZA LEBREDO: Good morning.
MR. ZANGENEH: Just to follow up on that issue. while you indicated yourself and another employee had the ability to check the voice mails, would I be correct in assuming that Dr. Harvey Adelson could also check his voice mails?
CLARIZA LEBREDO: Now they can.
MR. ZANGENEH: Okay. Like today?
CLARIZA LEBREDO: "Now" meaning -- now we have an answering system, answercom system.
MR. ZANGENEH: And when did you get that system?
CLARIZA LEBREDO: Maybe over a year ago, couple years maybe.
MR. ZANGENEH: So before that, you had like a machine?
CLARIZA LEBREDO: Yes. So they couldn't retrieve the messages.
MR. ZANGENEH: who was in charge of this phone line?
Let me ask it this way: Did Harvey Adelson have the ability to contact the phone provider with regards to the line for the Adelson Institute?
MS. NORRIS: Objection, speculation, and lack of foundation.
JUDGE HANKINSON: Sustained.
BY MR. ZANGENEH:
MR. ZANGENEH: was Mr. Adelson the owner of the Adelson Institute, Harvey Adelson?
CLARIZA LEBREDO: Dr. Adelson, yes.
MR. ZANGENEH: He was the owner; correct?
CLARIZA LEBREDO: Yes.
MR. ZANGENEH: Did he have the ability to participate in actions with regards to the telephone database that you guys had?
CLARIZA LEBREDO: He doesn't listen to the messages.
MR. ZANGENEH: Are you sure he's never listened to one of the messages in the whole time that you've been there?
CLARIZA LEBREDO: You mean he actually physically goes and -- no.
MR. ZANGENEH: Have you ever -- has there ever been a time where Dr. Adelson was there that you weren't there?
CLARIZA LEBREDO: I'm sure.
MR. ZANGENEH: Right. So there's times where -- you indicated that there's a split schedule; correct? with regards to the time, the hours of operation?
CLARIZA LEBREDO: Regarding the time, yes.
MR. ZANGENEH: And then there are some days that you're open from 9:00 to 5:00; correct?
CLARIZA LEBREDO: 8:00 to 5:00.
MR. ZANGENEH: I apologize, 8:00 to 5:00. And what days were that again?
CLARIZA LEBREDO: Monday, Tuesday, and Thursday.
MR. ZANGENEH: And I'm going to ask you a question. Not that you recall, but on July 1st, 2014, that was a Tuesday. Do you remember if that --
CLARIZA LEBREDO: July.
MR. ZANGENEH: July 1st --
CLARIZA LEBREDO: Yeah.
MR. ZANGENEH: -- 2014. If I told you that was a Tuesday, would you have any reason to believe that I'm telling you something incorrect?
JUDGE HANKINSON: That's not a proper question, Mr. Zangeneh.
BY MR. ZANGENEH:
MR. ZANGENEH: well, let me ask you this: On Tuesdays, you guys were open from 8:30 to 5:00; correct?
CLARIZA LEBREDO: 8:00 to 5:00.
MR. ZANGENEH: If Dr. Adelson was ever expecting a call, did he have the ability to forward the office calls to his cell phone?
MS. NORRIS: Objection. Same objection as before.
CLARIZA LEBREDO: I don't know.
JUDGE HANKINSON: She can answer if she knows.
CLARIZA LEBREDO: I don't know.
MR. ZANGENEH: Thank you.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: No, nothing further.
Thank you, ma‘am.
JUDGE HANKINSON: Any redirect?
MS. NORRIS: No, sir.
JUDGE HANKINSON: All right. You can step down.
Do we need to keep this witness any further?
MS. NORRIS: NO, Your Honor.
JUDGE HANKINSON: You're excused.
MR. DECOSTE: No.