Erika Johnson — Direct/Cross/Redirect/Recross
439 linesJUDGE HANKINSON: Call your next witness.
MS. NORRIS: State calls Erika Johnson.
JUDGE HANKINSON: Come on up here, please, ma'am.
JUDGE HANKINSON: Right up here.
JUDGE HANKINSON: If you'll face this lady, raise your right hand to be sworn.
COURT CLERK: Do you solemnly swear the testimony you're about to give in this case will be the truth, the whole truth, and nothing but the truth?
ERIKA JOHNSON: Yes.
JUDGE HANKINSON: And is your phone off?
ERIKA JOHNSON: Yes.
JUDGE HANKINSON: Okay. Turn it off, please.
ERIKA JOHNSON: Yes.
JUDGE HANKINSON: You can have a seat. Slide up to the microphone, please.
MS. NORRIS: May we proceed?
JUDGE HANKINSON: Yes, sir.
MS. NORRIS: Thank you, Your Honor.
MS. NORRIS: Good morning.
ERIKA JOHNSON: Good morning.
MS. NORRIS: Can you introduce yourself to the jury and spell your first and last name for our court reporter?
ERIKA JOHNSON: Yes. Erika Johnson.
ERIKA JOHNSON: And spell my name?
MS. NORRIS: Yes, ma'am.
ERIKA JOHNSON: E-R-I-K-A, J-O-H-N-S-O-N.
MS. NORRIS: How are you employed?
ERIKA JOHNSON: I'm sorry?
MS. NORRIS: How are you employed? Where do you work?
ERIKA JOHNSON: I work at the Adelson Institute.
MS. NORRIS: How long have you worked there?
ERIKA JOHNSON: Eight years.
MS. NORRIS: What's your position there?
ERIKA JOHNSON: A dental assistant.
MS. NORRIS: And to whom are you a dental assistant?
ERIKA JOHNSON: To Dr. Adelson, and also Charlie Adelson.
MS. NORRIS: And Charlie Adelson is also a doctor as well, right?
ERIKA JOHNSON: Correct.
MS. NORRIS: Do you also work at the front desk?
ERIKA JOHNSON: Yes.
MS. NORRIS: What are your tasks at the front desk?
ERIKA JOHNSON: Making appointments, sending out insurance.
MS. NORRIS: Are you the front — ?
MS. NORRIS: Say that again?
ERIKA JOHNSON: ...and things of that nature.
MS. NORRIS: So you do a lot of the paperwork, scheduling, insurance claims, returning phone calls, things like that?
ERIKA JOHNSON: Correct.
MS. NORRIS: And you're the primary person who does that for the Adelson Institute?
ERIKA JOHNSON: Correct.
MS. NORRIS: Do you know of anyone else who does that?
ERIKA JOHNSON: No.
MS. NORRIS: No. You also handle patients' payments for the services that the Adelson Institute provides, don't you?
ERIKA JOHNSON: Correct.
MS. NORRIS: Do you often have to even quote prices for patients on what certain dental work is going to cost?
ERIKA JOHNSON: Yes.
MS. NORRIS: The Adelson Institute dealt in cash frequently, didn't it?
ERIKA JOHNSON: Not frequently, but we do accept cash, yes.
MS. NORRIS: I mean, the office does offer a substantial discount if a customer can pay in cash.
ERIKA JOHNSON: Yes.
MS. NORRIS: Back in 2000 and — hold on one second. Back in the time period 2014 to 2016, do you recall who all was employed by the Adelson Institute besides yourself, obviously?
ERIKA JOHNSON: To my knowledge, it was myself, Clariza Lebredo, Victoria Lebredo.
MS. NORRIS: You have the two doctors, right?
ERIKA JOHNSON: Well, they're not employed, but yes, they work there, yes.
MS. NORRIS: I'm sorry, and that's what I meant. So Dr. Charlie Adelson.
ERIKA JOHNSON: Yes.
MS. NORRIS: And Dr. Charlie Adelson.
ERIKA JOHNSON: Yes.
MS. NORRIS: Any other dentists or surgeons that worked there?
ERIKA JOHNSON: No.
MS. NORRIS: Did Donna Adelson work at the Adelson Institute?
ERIKA JOHNSON: Yes.
MS. NORRIS: What was her role?
ERIKA JOHNSON: She just makes — she just makes — she's like the office manager. She makes things run smoothly. She's responsible for me. Yes. Yes, she is.
MS. NORRIS: Would she maintain the employee files?
ERIKA JOHNSON: Yes.
MS. NORRIS: And you report to her?
ERIKA JOHNSON: Yes.
MS. NORRIS: Did you also have an Amy who was a hygienist?
ERIKA JOHNSON: Yes. Did I not name her?
MS. NORRIS: No, I don't think so. That's okay. Is there anybody else you can think of you haven't named? When we talked about some of the—
ERIKA JOHNSON: I haven't, with you.
MS. NORRIS: But the hours that the Adelson Institute was open, and the days — it was a Monday through Thursday operation?
ERIKA JOHNSON: Yes.
MS. NORRIS: Usually closed Friday, Saturday, and Sunday?
ERIKA JOHNSON: Correct.
MS. NORRIS: And the hours approximately eight to five most days? I think on Wednesday was a later day, eleven to seven?
ERIKA JOHNSON: Yes.
MS. NORRIS: Um, if a patient would call to schedule an appointment or just try to reach the office and the office was closed, that call would be answered by the — the answering service?
ERIKA JOHNSON: Yes. Yes.
MS. NORRIS: Well, today it's the answering service, right?
ERIKA JOHNSON: Well, yeah — what is it called? Like a voice... when you can leave a voice message.
MS. NORRIS: An answering machine.
ERIKA JOHNSON: Answering machine, there you go. Yes.
MS. NORRIS: And back then you all had an answering machine.
MS. NORRIS: And who would be responsible for coming in on Monday morning to check this?
ERIKA JOHNSON: We all would. We all would.
MS. NORRIS: Whose primary task was that?
ERIKA JOHNSON: Mine.
ERIKA JOHNSON: Mine, usually, 'cause I do front desk.
MS. NORRIS: I want to talk to you about an incident on June 1st of 2016.
MS. NORRIS: It was about 11 o'clock in the morning. Do you remember two police officers coming to the Adelson Institute?
ERIKA JOHNSON: Yes.
MS. NORRIS: And did you know why they were there?
ERIKA JOHNSON: No.
MS. NORRIS: They asked you about Katherine Magbanua, didn't they?
ERIKA JOHNSON: Yes.
MS. NORRIS: And they asked you about whether or not she was employed at the Adelson Institute?
ERIKA JOHNSON: Yes.
MS. NORRIS: Did they ask you for any employee records related to Ms. Magbanua?
ERIKA JOHNSON: I believe so.
MS. NORRIS: And did you provide those to them?
ERIKA JOHNSON: No.
MS. NORRIS: Why didn't you?
ERIKA JOHNSON: I don't have control of those records.
MS. NORRIS: Who has control of those records?
MS. NORRIS: Today you've said that the persons who have access to those were Donna Adelson and Dr. Charlie Adelson. Is that right?
ERIKA JOHNSON: Donna Adelson and Dr. Harvey Adelson.
ERIKA JOHNSON: Possibly Dr. Charlie Adelson as well.
MS. NORRIS: Were either Donna Adelson or Harvey Adelson present when the FBI agents came to the office?
ERIKA JOHNSON: No.
MS. NORRIS: Was Charlie Adelson present?
ERIKA JOHNSON: No.
MS. NORRIS: When you received — they actually, the officers turned over or handed to you what's called a subpoena for the personnel file belonging to Ms. Magbanua, didn't they?
ERIKA JOHNSON: I don't remember. I don't remember if they gave anything at all.
MS. NORRIS: Once they were making these requests of you, did you go and call Charlie with them?
ERIKA JOHNSON: I did.
MS. NORRIS: And did you go in the back of the office to make that phone call?
ERIKA JOHNSON: Yes.
MS. NORRIS: Outside the presence of the officers?
ERIKA JOHNSON: Yes.
MS. NORRIS: Did you advise him as to what was going on?
ERIKA JOHNSON: Yes.
MS. NORRIS: And did he then give you direction as to what to do?
ERIKA JOHNSON: I don't remember.
MS. NORRIS: Were you aware that that phone was being tapped by law enforcement at that time?
ERIKA JOHNSON: No.
MS. NORRIS: Would it refresh your memory to listen to the recorded phone call between you and Charlie Adelson that morning?
ERIKA JOHNSON: Did I listen to it?
MS. NORRIS: Yes, ma'am.
MR. DECOSTE: Objection. Improper refreshing.
JUDGE HANKINSON: Overruled.
MS. NORRIS: Would it refresh your memory to listen to the three-minute recorded phone call between you and Charlie Adelson as to what was said during that conversation?
MR. DECOSTE: Objection. Hearsay.
JUDGE HANKINSON: Overruled.
MS. NORRIS: Do you need me to repeat the question?
ERIKA JOHNSON: No.
MS. NORRIS: Okay. So what is your answer? Would it refresh your memory to listen to a CD with the audio of that recorded phone call?
ERIKA JOHNSON: It would be a record — a recorded phone call that I would listen to to remember?
MS. NORRIS: Yes. They would have happened that day.
ERIKA JOHNSON: Yes, I would imagine so.
JUDGE HANKINSON: Okay. You can do those things on breaks. We're not going to take up the jury's time on things you can anticipate. Move on.
MS. NORRIS: Were you offered that opportunity before we began court this morning?
ERIKA JOHNSON: Yes.
MS. NORRIS: And you refused it. Is that right?
ERIKA JOHNSON: Yes. I didn't feel comfortable with that.
MS. NORRIS: Okay. Are you now comfortable listening to that recorded phone call?
ERIKA JOHNSON: I'm still not comfortable listening. I don't understand why I need to listen to it.
MS. NORRIS: You're telling me that you don't remember the phone conversation.
ERIKA JOHNSON: Correct.
JUDGE HANKINSON: All right. Let the jury step out.
JUDGE HANKINSON: Everybody be seated.
AUDIO RECORDING: Just here asking for records for Katie.
AUDIO RECORDING: Um, for what?
AUDIO RECORDING: Um, that she worked here.
AUDIO RECORDING: And — And then they asked, did she work there? I was like, yes, she worked there, but I don't know what you want.
AUDIO RECORDING: Because America sent Erica.
AUDIO RECORDING: Yes. Do me a favor.
AUDIO RECORDING: It's not my office, so I can't give anything out.
AUDIO RECORDING: So you don't have access to anything.
AUDIO RECORDING: I don't know anything here either.
AUDIO RECORDING: Yeah, so I would do this. I would not speak to anybody.
AUDIO RECORDING: To any of that stuff.
AUDIO RECORDING: I shouldn't say I'm not to anybody.
AUDIO RECORDING: No, I'm going to do whatever you tell me. Yeah, I mean, no, I mean, I'm not — talk to whoever on the planet you want to talk to. Um, but it's not my office, and it's not your office, right? So give them, and I don't have Yeah, tell them that it's — it's not, I mean, it's not my office. This office is sold back to my dad, so it's actually — you're talking to the wrong doctor. So what you need to do is get in contact, I mean — It's not your office, you can't get that, right? You know — yeah, they said within 20 days, Florida statutes. Are they, are they, are they there now, or are they expanding? They're there, but you know, I'm in the back. I'm in the back. They're just waiting for me to come back.
AUDIO RECORDING: Oh, and they want records?
AUDIO RECORDING: Yes. Do me a favor.
AUDIO RECORDING: I'm going to call you from the landline on your cell phone, okay?
JUDGE HANKINSON: Everybody be seated. All right, be seated. Ms. Norris, keep your voice down, please.
MS. NORRIS: Ms. Johnson, did you have an opportunity to listen to the recording of the phone call that you made to Charlie Adelson while the detectives were waiting in the front office?
ERIKA JOHNSON: Yes.
MS. NORRIS: And did that refresh your memory about the conversation between you and Mr. Charlie Adelson?
ERIKA JOHNSON: Yes.
MS. NORRIS: Was it a fair and accurate recording of that conversation?
ERIKA JOHNSON: I don't think it's fair to record without telling someone, but I can definitely hear the call clearly.
MS. NORRIS: And I understand your concern about the wiretap situation, but my question was just: was that recording — did it fairly and accurately show your conversation with Mr. Adelson?
ERIKA JOHNSON: Yes, I can understand that.
MS. NORRIS: Okay. It didn't appear to be changed or altered in any way?
ERIKA JOHNSON: No.
ERIKA JOHNSON: Exactly.
ERIKA JOHNSON: I don't know that.
MS. NORRIS: Did you recognize the voices on the tape?
ERIKA JOHNSON: Yes.
MS. NORRIS: And who were those voices?
ERIKA JOHNSON: Mine and Dr. Adelson's.
MS. NORRIS: Dr. Charlie Adelson?
ERIKA JOHNSON: Correct.
MS. NORRIS: And when these law enforcement officers came to get this personnel file for Katherine Magbanua, you didn't call Dr. Harvey Adelson, you called Dr. Charlie Adelson, right? And during that conversation, he told you what to do.
ERIKA JOHNSON: Yes.
MS. NORRIS: He directed you.
ERIKA JOHNSON: Well, no, he just — he didn't tell me what to do, but he was just telling me what I — an option. He gave me an option.
MS. NORRIS: In fact, he kept saying, "I can't tell you what to do."
ERIKA JOHNSON: Exactly.
MS. NORRIS: But "tell them this." He told you. In fact, he used the words "tell them" multiple times, multiple times throughout that recording?
ERIKA JOHNSON: Yes.
MS. NORRIS: And you told him, "I'm going to do whatever you tell me." Is that right?
ERIKA JOHNSON: Yes.
MS. NORRIS: At the conclusion of that call, did Mr. Adelson — or, sorry, Dr. Charlie Adelson — indicate that he wanted to call you back from a landline?
ERIKA JOHNSON: Yes.
MS. NORRIS: And on your cell phone, not on the office's cell phone — or not on the office's line?
ERIKA JOHNSON: I think he called me back from the office line. I'm not certain.
MS. NORRIS: I guess my question was, he told you he was going to call you from a landline on your cell phone?
ERIKA JOHNSON: Yes.
MS. NORRIS: After that phone call with Charlie Adelson, is that when you came back to the police officers and told them that you had been told Katie worked there?
MS. NORRIS: Sorry, excuse me. You had been told Katherine Magbanua worked there?
ERIKA JOHNSON: I don't remember what I told them.
MS. NORRIS: Would it refresh your memory to see the police report documenting the interaction between you and these law enforcement officers?
ERIKA JOHNSON: I actually had the copy, and I looked over it, and I don't remember saying the things that they reported.
MS. NORRIS: Okay, well, can I approach and show you, and we can see if it's on this report?
ERIKA JOHNSON: Yes.
MS. NORRIS: May I approach?
JUDGE HANKINSON: Yes, ma'am.
MS. NORRIS: Showing defense counsel — on the first page of Pat Sanford's June 20th, 2016 report.
MS. NORRIS: Sorry — if you could just read this little portion.
ERIKA JOHNSON: That's what I'm trying to tell you. I know what the report says, but that didn't happen.
MS. NORRIS: And that's okay. I just need to ask you about whether that happened.
MS. NORRIS: So I want to get the timeline correct.
MS. NORRIS: Law enforcement shows up.
MS. NORRIS: Ms. Liberato comes and gets you?
ERIKA JOHNSON: Yes. Yes, I'm sorry. Yes.
MS. NORRIS: Okay. She comes and gets you, you come out and deal with officers for a moment, then you go back and call Dr. Charlie Adelson?
ERIKA JOHNSON: Yes.
MS. NORRIS: And after that phone call with him, and what she tells you what to do and say, you return back to the law enforcement officers?
ERIKA JOHNSON: Yes.
MS. NORRIS: And at that time, you told them that you were told she worked at the Adelson Institute.
ERIKA JOHNSON: I remember saying that.
MS. NORRIS: Do you not remember, or are you saying you did not say that?
ERIKA JOHNSON: I don't remember saying that.
MS. NORRIS: And this report doesn't help refresh your memory?
ERIKA JOHNSON: No.
MS. NORRIS: And you just listened to that call. Mr. Adelson sounded nervous on it, didn't he?
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Legal?
MR. ZANGENEH: Speculation, lack of personal knowledge.
JUDGE HANKINSON: Overruled.
ERIKA JOHNSON: I don't know.
MS. NORRIS: You could not hear in his voice the shakiness?
ERIKA JOHNSON: I don't know. I don't know if he was nervous.
MS. NORRIS: Do you know Katherine Magbanua?
ERIKA JOHNSON: Yes.
MS. NORRIS: And how do you know her?
ERIKA JOHNSON: From being Charlie's girlfriend and coming to the office.
MS. NORRIS: Coming to the office as a patient?
ERIKA JOHNSON: Correct.
MS. NORRIS: Not coming to the office as an employee?
ERIKA JOHNSON: That is correct.
MS. NORRIS: And you've never seen her inside of the Adelson Institute as an employee?
ERIKA JOHNSON: That is correct.
MS. NORRIS: Last couple questions about how you get paid. Do you know if you're salaried or hourly?
MS. NORRIS: And do you — are you paid twice every two weeks?
ERIKA JOHNSON: Yes.
MS. NORRIS: Are you paid for work prior to doing the work, or paid once you've completed the work?
ERIKA JOHNSON: I don't know that. I don't remember how it goes. It's just money coming to you.
MS. NORRIS: And I may have misspoken when I said twice every two weeks. You get paid one time every two weeks, correct?
ERIKA JOHNSON: Correct.
MS. NORRIS: Sorry about that. Would you ever get paid for work in advance, like multiple weeks of paychecks at one time?
ERIKA JOHNSON: Yes.
MS. NORRIS: And when would that occur?
ERIKA JOHNSON: Sometimes when they would go on vacation and they wouldn't be here by the time another payroll was coming, they would give us such a check.
MS. NORRIS: So maybe you'd get two checks at one time?
ERIKA JOHNSON: Correct.
MS. NORRIS: Did you ever get three full pay period checks at the same time?
ERIKA JOHNSON: Not that I can remember.
MS. NORRIS: Not that you can remember. Four at the same time?
ERIKA JOHNSON: Not that I can remember.
MS. NORRIS: Are you aware of any of Charlie Adelson's girlfriends being on the Adelson Institute payroll?
ERIKA JOHNSON: No.
MS. NORRIS: Have you ever been aware of any Adelson employee that has worked exclusively by phone or remotely?
ERIKA JOHNSON: No.
MS. NORRIS: And are you still employed by the Adelson Institute today?
ERIKA JOHNSON: Yes, I am.
MS. NORRIS: Ms. Donna Adelson writes every single paycheck that you receive?
ERIKA JOHNSON: I believe so.
MS. NORRIS: Thank you, Miss Johnson. I don't have any more questions.
MR. ZANGENEH: Okay. First of all, how are you doing, Miss Johnson?
ERIKA JOHNSON: Hello.
MR. ZANGENEH: My name is Saam Zangeneh and I represent Sigfredo Garcia. I'm going to ask you a few questions about your knowledge and involvement in this case. Okay?
ERIKA JOHNSON: Okay.
MR. ZANGENEH: Now, you'll agree with me that Harvey Adelson was the owner of the Adelson Institute, correct?
ERIKA JOHNSON: Yes.
MR. ZANGENEH: And you'll also agree with me that if he wanted to, he could contact the phone provider that they were using at the Adelson Institute, right?
ERIKA JOHNSON: Yes.
MR. ZANGENEH: So you'll agree with me that if Harvey Adelson wanted to forward the calls from the office to his cell phone, he had the ability to do so, right?
ERIKA JOHNSON: Yes.
MR. ZANGENEH: One second. Nothing further.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: Donna Adelson: is it safe to assume she was there? She'd run the office, but she'd come and go?
ERIKA JOHNSON: Correct.
MR. DECOSTE: It's not something where she's punching in at eight o'clock in the morning and leaving at five o'clock at night?
ERIKA JOHNSON: No.
MR. DECOSTE: She's married to the owner.
ERIKA JOHNSON: Yes.
MR. DECOSTE: Gets different liberties than other employees?
ERIKA JOHNSON: Yes.
MR. DECOSTE: Charlie Adelson — my understanding is that, unlike Donna Adelson, who would come and go, he was just always on the go, correct?
ERIKA JOHNSON: Correct.
MR. DECOSTE: At other dental practices doing surgery. What does a periodontist do?
ERIKA JOHNSON: A periodontist does implants.
ERIKA JOHNSON: They do extractions, bone grafts — anything that has to do with the periodontium, which is the ligaments that hold teeth in place.
MR. DECOSTE: So if another dentist needed to have a periodontist, he would go to their office and do the surgery?
ERIKA JOHNSON: Correct.
MR. DECOSTE: Katherine—
MR. DECOSTE: —Magbanua.
MR. DECOSTE: Is it a fair answer that you are not sure whether she was employed by the Adelson Institute?
ERIKA JOHNSON: Yes.
MR. DECOSTE: Did the Adelson Institute — or does the Adelson Institute have a website?
ERIKA JOHNSON: Yes.
MR. DECOSTE: Did they have that back in 2014?
ERIKA JOHNSON: Yes.
MR. DECOSTE: Have you ever met the person that does the website stuff?
ERIKA JOHNSON: Once.
MR. DECOSTE: But you don't know the — sorry, once. That's somebody that works at the Adelson Institute, and you wouldn't know the essence of their employment or how they're paid?
ERIKA JOHNSON: That is correct.
MR. DECOSTE: What about who runs social media?
ERIKA JOHNSON: I have no idea.
MR. DECOSTE: What kind of software do you use in the office? And I'm going to give you a few names — tell me if you use it. Eaglesoft. TDO. Dentrix.
ERIKA JOHNSON: Dentrix.
MR. DECOSTE: Dentrix. You know what that is, right?
ERIKA JOHNSON: Yes, I do.
MR. DECOSTE: Now, Dentrix is software that a dental office can use to run patient records, billing, all the stuff that happens with a dental office, right?
ERIKA JOHNSON: Yes.
MR. DECOSTE: Importantly, through Dentrix one could log in remotely from another location and see the exact same computer screen that you would see at your desk at the office, right?
ERIKA JOHNSON: Correct.
MR. DECOSTE: And just to make sure for the court reporter, Dentrix is D-E-N-T-R-I-X?
ERIKA JOHNSON: X, yes.
MR. DECOSTE: Talk about cash now.
MR. DECOSTE: You said that the Adelson Institute accepts cash payment.
ERIKA JOHNSON: Yes.
MR. DECOSTE: Is that not it?
MR. DECOSTE: Correct me if I'm wrong. The reasoning why a business would accept a cash payment is not because they're trying to avoid reporting, but that there is a savings. I'm going to strike that, Your Honor. I'm going to re-ask that question.
MR. DECOSTE: You had said that there's payments of cash, but that there was also discounts with cash payments.
ERIKA JOHNSON: Yes.
MR. DECOSTE: Is that not because the business saves money from the credit card transaction rate — meaning that if a patient were to pay any amount of money with a credit card, the business has to pay the credit card company for running the transaction?
ERIKA JOHNSON: Correct.
MR. DECOSTE: Is that common?
ERIKA JOHNSON: Yes.
MR. DECOSTE: In the medical field?
ERIKA JOHNSON: Yes.
MR. DECOSTE: Sort of like breast surgeons do?
MR. DECOSTE: If you know?
ERIKA JOHNSON: I would imagine so.
ERIKA JOHNSON: I think it's common in any business.
MR. DECOSTE: Last line of questioning.
MR. DECOSTE: And it will be done before noon. Ms. Norris asked you questions after you listened to the phone call.
ERIKA JOHNSON: Yes.
MR. DECOSTE: Correct me if I'm wrong. You weren't told, "Don't give anything."
ERIKA JOHNSON: That is correct.
MR. DECOSTE: You weren't told, "Oh no, they don't exist, there are no patient re— there are no employee records" — you weren't told that, right?
ERIKA JOHNSON: That is correct.
MR. DECOSTE: One brief second, Your Honor.
MR. DECOSTE: Nothing further, Your Honor. Thank you.
AUDIO RECORDING: And I'm in surgery.
AUDIO RECORDING: Uh-huh. But it's not my office.
AUDIO RECORDING: It's my dad's office.
AUDIO RECORDING: Uh-huh. So I can't give anything out.
AUDIO RECORDING: Why?
AUDIO RECORDING: I mean, I don't have access to it. I don't have access to anything.
AUDIO RECORDING: I don't know anything here either.
AUDIO RECORDING: Yeah, so I would do this. I would not.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: So I can't do that stuff.
AUDIO RECORDING: You can, and I'm sure, you know, you can talk to whoever you want.
AUDIO RECORDING: No, I'm going to do whatever you tell me to do.
AUDIO RECORDING: No, no, no, I mean, I'm not — I shouldn't say don't talk to anybody.
AUDIO RECORDING: It's not my office, and it's not your office.
AUDIO RECORDING: Right. So they'll be able to, it's not, I mean, it's not my office. The office was sold back to my dad.
AUDIO RECORDING: Tell them that you will — so it's actually you're talking to the wrong doctor, that you will, it's not your office. You can't do that, right? You know, yeah, they said within 20 days of border statutes, provide a birth card.
AUDIO RECORDING: Are they there now? They're there, but you know, I'm in the back.
AUDIO RECORDING: They're just waiting for me to come back.
AUDIO RECORDING: Oh, and they want records?
AUDIO RECORDING: Yes. Do me a favor on your cell phone.
MS. NORRIS: Ms. Johnson, if it's not Charlie Adelson's office, why did you call him and not Harvey Adelson?
ERIKA JOHNSON: Because that's his girlfriend.
JUDGE HANKINSON: I can't hear you, Ms. Johnson. Get a little closer to that microphone, please.
ERIKA JOHNSON: Because that's his girlfriend, and I know he would answer the phone faster than Dr. Adelson.
MS. NORRIS: So you didn't call the person that you knew would have the records that they were seeking?
ERIKA JOHNSON: I wasn't.
MS. NORRIS: So you didn't call the person who you knew would have the access to the records that the FBI was requesting?
MS. NORRIS: What kind of social media does the Adelson Institute have?
ERIKA JOHNSON: None.
MS. NORRIS: So there wasn't anybody working doing social media promotion for the Adelson Institute, right?
ERIKA JOHNSON: Not that I know of.
MS. NORRIS: You just indicated they had no social media.
JUDGE HANKINSON: At what time frame are we talking about, Ms. Norris? Are we talking about now or some other time?
MS. NORRIS: Yes, sir. From 2014 to 2016.
ERIKA JOHNSON: We had a blog.
MS. NORRIS: A blog.
JUDGE HANKINSON: You had what?
ERIKA JOHNSON: A blog.
JUDGE HANKINSON: Thank you.
MS. NORRIS: You mentioned on cross-examination a website person that you met one time?
ERIKA JOHNSON: Yes.
MS. NORRIS: That was not Katherine Magbanua?
ERIKA JOHNSON: No.
MS. NORRIS: Thank you. I have no further questions.
JUDGE HANKINSON: Redirect.
MS. NORRIS: Your honor, at this time, I'd ask to move into evidence what I've marked for identification State's exhibit 180, the CD that was played for Ms. Johnson, into evidence.
MR. DECOSTE: Objection, this is redirect.
JUDGE HANKINSON: Beg your pardon?
MR. DECOSTE: Objection to moving evidence in during redirect.
JUDGE HANKINSON: I'll sustain the objection at this point.
MS. NORRIS: You were asking questions about that phone call between you and Charlie Adelson.
MS. NORRIS: He told you, "I wouldn't give anything."
MR. DECOSTE: Objection. Hearsay.
JUDGE HANKINSON: Alright. I'm admitting State's Exhibit 180.
MS. NORRIS: Thank you.
MR. DECOSTE: Permission for recross?
JUDGE HANKINSON: No. Well, yeah.
MS. NORRIS: Can I publish that at this time, Judge?
JUDGE HANKINSON: Let's take a lunch break. We'll see you at one o'clock. Go to lunch. The Microphone in front of me, please, since Ms. Norris and jurors saying they're not able to hear. One o'clock.
Courtroom video missing from Erika Johnson's redirect when court resumes after lunch break.
JUDGE HANKINSON: Garcia.
MR. ZANGENEH: No, Your Honor. Nothing from Mr. Garcia.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: Very briefly, Your Honor.
MR. DECOSTE: You just asked a question — so you didn't call the person that you had, who had access to the records. Do you remember being asked that question?
ERIKA JOHNSON: Yes.
MR. DECOSTE: You would agree that that sounds like they even agree that those records exist —
JUDGE HANKINSON: That's not a proper question. Let's — let's leave other counsel out of it. We've been doing that all morning. I don't want either side trying to disparage the other side. Ask your questions of witnesses; leave the attorneys out of it.
MR. DECOSTE: If you know — within the 20 days of that subpoena, those records were provided, right?
ERIKA JOHNSON: Yes.
MR. DECOSTE: So they do exist?
ERIKA JOHNSON: Yes.
MR. DECOSTE: Thank you. Nothing further.
JUDGE HANKINSON: Redirect.
MS. NORRIS: No, Your Honor.
JUDGE HANKINSON: All right. Any juror have a question on this witness? All right. We'll go sidebar.
JUDGE HANKINSON: You can step down.
JUDGE HANKINSON: Do we need to keep this witness any further?
MS. NORRIS: No, Your Honor.
MR. ZANGENEH: No, Judge.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: You're excused.
JUDGE HANKINSON: It was a question from the jury. It was not a question for the witness — it was really a legal question. It says: are all subpoenas the same, do they all offer immunity? A subpoena — what we would call a subpoena duces tecum, that means a subpoena requiring records — does not provide immunity to anyone. The immunity I had talked about the other day is immunity from testifying. Before that comes into play, the State has subpoenaed a witness, they have held the witness to testify. Based upon the State's request, I have compelled the witness to answer questions — that's when the derivative use immunity comes into play that I discussed the other day. This kind of subpoena would not confer any type of immunity on anyone. Anybody have an objection to my comment?