4.Erika Johnson — Direct/Cross/Redirect/Recross
556 linesJUDGE HANKINSON: Call your next witness.
MS. NORRIS: The State calls Erika Johnson.
MR. DECOSTE: Your Honor, would it be okay if Ms. Kawass stands in for me for a second? This is my witness. I just wanted to run to the bathroom.
JUDGE HANKINSON: Sure, sure. Anytime one or the other of you is here, we're good.
Come on up here, please, ma'am; right up here. If you'd face this lady and raise your right hand to be sworn.
whereupon, ERIKA JOHNSON was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: And is your phone off? Turn it off, please. You can have a seat. Slide up to the microphone, please.
You may proceed.
MS. NORRIS: Thank you, Your Honor.
DIRECT EXAMINATION BY MS. NORRIS:
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. 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 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 --
ERIKA JOHNSON: -- things of that nature.
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: 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: Now you -- 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. Let me look real quick.
Back in the time period of 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. Harvey Adelson --
ERIKA JOHNSON: Charles, yes.
MS. NORRIS: -- and Dr. Charles 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.
MS. NORRIS: She's responsible for payroll?
ERIKA JOHNSON: 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.
ERIKA JOHNSON: I'm sorry about that.
MS. NORRIS: That's okay.
Is there anybody else you can think of you haven't named?
ERIKA JOHNSON: No.
MS. NORRIS: when -- we talked about some of the -- well, I haven't with you, but the hours that the Adelson Institute was open and the days. It was a Monday through Thursday operation?
ERIKA JOHNSON: Yes, usually.
MS. NORRIS: Closed Friday, Saturday, and Sunday?
ERIKA JOHNSON: Correct.
MS. NORRIS: And the hours, approximately, 8:00 to 5:00 most days. I think on wednesday was a later day, 11:00 to 7:00?
ERIKA JOHNSON: Yes.
MS. NORRIS: 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 old school --
ERIKA JOHNSON: The answering service, 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 y'all had an answering machine?
ERIKA JOHNSON: Correct.
MS. NORRIS: And who would be responsible for coming in on Monday morning to check --
ERIKA JOHNSON: we all would; we all would.
MS. NORRIS: whose primary task was that?
ERIKA JOHNSON: Mine.
MS. NORRIS: Yours?
ERIKA JOHNSON: Mine, usually, because I do front desk.
MS. NORRIS: I want to talk to you about an incident on June Ist of 2016. It was about 11:00 in the morning. Do you remember two law enforcement -- or 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 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?
MS. NORRIS: why didn't you?
ERIKA JOHNSON: I don't have control of those records.
MS. NORRIS: who has control of those records?
ERIKA JOHNSON: Donna Adelson or Dr. Adelson.
MS. NORRIS: Today you've said that the persons who has access to those were Donna Adelson and Dr. Charles Adelson; is that right?
ERIKA JOHNSON: Donna Adelson and Dr. Harvey Adelson, possibly Dr. Charles Adelson as well.
MS. NORRIS: were either Donna Adelson or Harvey Adelson present when the FBI agents came to the office?
MS. NORRIS: was Charles Adelson present?
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.
MS. NORRIS: You don't recall that?
ERIKA JOHNSON: I don't remember if they gave anything, I don't.
MS. NORRIS: well, once they were making these requests of you, did you go and call Charlie Adelson?
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?
MR. DECOSTE: Objection, hearsay.
JUDGE HANKINSON: Overruled.
BY MS. NORRIS:
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?
MR. DECOSTE: Same objection.
JUDGE HANKINSON: Overruled.
ERIKA JOHNSON: TI don't remember.
BY MS. NORRIS:
MS. NORRIS: were you aware that that phone was being tapped by law enforcement at that time?
MS. NORRIS: would it refresh your memory to listen to the recorded phone call between you and Charles Adelson that morning?
ERIKA JOHNSON: If I listened to it?
MS. NORRIS: Yes, ma'am.
MR. DECOSTE: Objection, improper refreshing.
JUDGE HANKINSON: Overruled.
BY MS. NORRIS:
MS. NORRIS: would it refresh your memory to listen to the three-minute recorded phone call between you and Charles Adelson as to what was said during that conversation?
MR. DECOSTE: Objection, hearsay.
JUDGE HANKINSON: Overruled.
BY MS. NORRIS:
MS. NORRIS: Do you need me to repeat the question?
MS. NORRIS: 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 recorded phone call that I would listen to to remember?
MS. NORRIS: Yes, ma'am.
ERIKA JOHNSON: what happened that day?
MS. NORRIS: Yes.
ERIKA JOHNSON: I would imagine so.
MS. NORRIS: Your Honor, I would ask to do that.
JUDGE HANKINSON: NO, 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.
BY MS. NORRIS:
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: 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.
(Jury excused from the courtroom at 11:31 a.m.)
JUDGE HANKINSON: Play your tape. Everybody can be seated.
(Audio recording published. This transcription should not be considered a verbatim record due to audio quality.)
CHARLIE ADELSON: Hey, what's going on?
ERIKA JOHNSON: Hey, the FBI is here asking for records for Katie.
CHARLIE ADELSON: For what?
ERIKA JOHNSON: That she -- that she works here.
CHARLIE ADELSON: Um, I would -- um, I wouldn't give anything.
ERIKA JOHNSON: Yeah.
CHARLIE ADELSON: I don't know.
ERIKA JOHNSON: And they asked -- they asked, did she work here? And I was like, yeah, she works here, but I don't know what you want. (Inaudible.)
CHARLIE ADELSON: Erika?
ERIKA JOHNSON: Yeah.
CHARLIE ADELSON: Do me a favor. I'm not there right now.
ERIKA JOHNSON: Uh-huh.
CHARLIE ADELSON: And I'm in surgery.
ERIKA JOHNSON: Uh-huh.
CHARLIE ADELSON: And it's not my office. I mean, it's my dad's office.
ERIKA JOHNSON: Uh-huh.
CHARLIE ADELSON: So I can't give anything out.
ERIKA JOHNSON: Right.
CHARLIE ADELSON: You know, I don't have access to it. I don't know where anything is.
ERIKA JOHNSON: Okay.
CHARLIE ADELSON: So you don't have access to anything so --
ERIKA JOHNSON: TI don't know where anything is either.
CHARLIE ADELSON: Yeah, so I would do this, I would not -- I would not speak to anybody.
ERIKA JOHNSON: Uh-huh.
CHARLIE ADELSON: I mean, you can -- I mean, you can do whatever you want, but I don't -- it's my dad's office.
ERIKA JOHNSON: Yeah.
CHARLIE ADELSON: So I don't have access to any of that stuff.
ERIKA JOHNSON: Okay.
CHARLIE ADELSON: So they can talk to my dad, and I'm sure they'll be able to get whatever they want from them.
ERIKA JOHNSON: Okay. Understandable.
CHARLIE ADELSON: So if I had it -- I mean, look, you can talk to whoever you want. I shouldn't say, don't talk to anybody.
ERIKA JOHNSON: No, you know I'm going to do whatever you tell me.
CHARLIE ADELSON: No, no, no, I mean, I'm not -- I shouldn't say, don't talk to anyone. Talk to whoever on the planet you want to talk to, but it's not my office and it's not your office.
ERIKA JOHNSON: Right.
CHARLIE ADELSON: So you don't have records to give them and I don't have records to give them. So I'm sure they'll be able to help them out in any way -- any way they can.
ERIKA JOHNSON: Okay. So that's what I'll tell them.
CHARLIE ADELSON: Tell them that -- yeah, tell them that it's not -- I mean, it's not my office. The office was sold back to my dad actually a long time ago.
ERIKA JOHNSON: Right.
CHARLIE ADELSON: So tell them that you'll -- so actually you're talking to the wrong Dr. Adelson.
ERIKA JOHNSON: Right, right, right.
CHARLIE ADELSON: So what you need to do is tell them that you will get in contact -- tell them -- I mean, it's not your office. You can't give out records.
ERIKA JOHNSON: Yeah. You know, here they said: within 20 days, the court orders that you provide just cause, reason that you --
CHARLIE ADELSON: Are they there now or did they send --
ERIKA JOHNSON: They're there -- but I'm in the back. I'm in the back. They're just waiting for me to come back.
CHARLIE ADELSON: Oh, and they want records?
ERIKA JOHNSON: Yeah.
CHARLIE ADELSON: Do me a -- do me a favor. I'm going to call you from a landline on your cell phone; okay?
ERIKA JOHNSON: Okay.
CHARLIE ADELSON: AIl1 right. Bye.
ERIKA JOHNSON: Bye.
(Recording concluded.)
JUDGE HANKINSON: Let's have the jury back.
(off-the-record discussion.)
(jury returned to the courtroom at 11:36 a.m.)
BY MS. NORRIS:
MS. NORRIS: Ms. Johnson, did you have an opportunity to listen to the recording of the phone call that you made to Charles 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. Charles 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 could definitely under -- I could definitely hear the call clearly.
MS. NORRIS: I guess -- 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 could understand it.
MS. NORRIS: It didn't appear to be changed or altered in any ~way?
MR. DECOSTE: Objection, personal knowledge.
ERIKA JOHNSON: Exactly. I don't know that.
JUDGE HANKINSON: Overruled.
BY MS. NORRIS:
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?
ERIKA JOHNSON: Correct.
MS. NORRIS: 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, now, I can't tell you what to do --
ERIKA JOHNSON: Exactly.
MS. NORRIS: -- but tell them this?
MR. DECOSTE: Objection, Your Honor. All this is hearsay.
JUDGE HANKINSON: I'll overrule that objection.
BY MS. NORRIS:
MS. NORRIS: 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?
MR. DECOSTE: Objection, hearsay, Your Honor.
JUDGE HANKINSON: Overruled. ~=BY MS. NORRIS:
MS. NORRIS: Is that right?
ERIKA JOHNSON: Yes.
MS. NORRIS: At the conclusion of that call, did Mr. Adelson -- or, sorry, Dr. Charles 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 on 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 Charles Adelson, is that when you came back to the police officers and told them that you had been told Katie worked there? Or, 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 have 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, Your Honor?
JUDGE HANKINSON: You may.
MS. NORRIS: For defense counsel, I'm on the first page of Pat Sanford's June 20th, 2016, report.
BY MS. NORRIS:
MS. NORRIS: If you could just read this little portion.
ERIKA JOHNSON: (witness complies.) 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.
So I want to get the timeline correct. Law enforcement shows up?
ERIKA JOHNSON: Uh-huh.
MS. NORRIS: Ms. Lebredo comes and gets you?
ERIKA JOHNSON: Uh-huh.
MS. NORRIS: Is that a yes?
ERIKA JOHNSON: Yes, yes, I'm sorry, yes.
MS. NORRIS: That's okay; that's okay.
She comes and gets you. You come out and deal with the officers for a moment, then you go back and call Dr. Charles Adelson?
ERIKA JOHNSON: Yes.
MS. NORRIS: And after that phone call with him, in which he 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 don't 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?
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 objection?
MR. ZANGENEH: Speculation, lack of personal knowledge.
JUDGE HANKINSON: Overruled.
ERIKA JOHNSON: I don't know.
BY MS. NORRIS:
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 Adelson Institute as an employee, physically?
ERIKA JOHNSON: That is correct.
MS. NORRIS: Last couple questions about how you get paid.
Do you know if you're salaried or hourly?
ERIKA JOHNSON: I'm 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: That I don't know. That I don't remember how it goes.
MS. NORRIS: It's just money coming to you?
ERIKA JOHNSON: (Nods affirmatively.)
MS. NORRIS: And I may have misspoken when I said twice every two weeks. You get paid one time every two weeks?
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 the 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: Four at the same time?
ERIKA JOHNSON: Not that I can remember.
MS. NORRIS: Are you aware of any of Charles Adelson's girlfriends being on the Adelson Institute payroll?
MS. NORRIS: Have you ever been aware of any Adelson employee that has worked exclusively by phone, or remotely?
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: All right. Thank you, Ms. Johnson. TI don't have any more questions.
ERIKA JOHNSON: Okay.
JUDGE HANKINSON: Garcia.
MR. ZANGENEH: Yes, Judge.
CROSS EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: How are you doing, Ms. Johnson?
ERIKA JOHNSON: Hello.
MR. ZANGENEH: My name is Saam Zangeneh. 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, Judge.
(Attorneys confer.)
MR. ZANGENEH: Nothing further.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: Fit all this in before noon. Thank you, Your Honor.
CROSS EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Good afternoon, ma'am.
ERIKA JOHNSON: Good afternoon.
MR. DECOSTE: Donna Adelson, is it safe to assume -- she was there, she would run the office, but she'd come and go?
ERIKA JOHNSON: Correct.
MR. DECOSTE: It's not something that she's punching in at 8:00 in the morning, leaving at 5:00 at night?
MR. DECOSTE: She's married to the owner?
ERIKA JOHNSON: Yes.
MR. DECOSTE: Gets different liberties than other employees?
ERIKA JOHNSON: Yes.
MR. DECOSTE: Charles Adelson. My understanding, unlike Donna Adelson who would come and go, he was just always on the go?
ERIKA JOHNSON: Correct.
MR. DECOSTE: At other dental practices doing -- what does a periodontist do?
ERIKA JOHNSON: A periodontist does implants, they do extractions, bone grafts, anything that has to do with the periodontium, which is the ligaments that hold teeth in place.
MR. DECOSTE: All right. 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 Magbanua. Is it a fair answer that you are not sure whether she was employed by the Adelson =Institute?
ERIKA JOHNSON: Yes, that's a fair answer.
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, once.
MR. DECOSTE: But you don't know --
JUDGE HANKINSON: Keep your voice up, please, Ms. Johnson. I'm sure people are not able to hear you.
ERIKA JOHNSON: Sorry, once.
BY MR. DECOSTE:
MR. DECOSTE: That's somebody that works for 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: 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. You said that the Adelson Institute accepts cash payment?
ERIKA JOHNSON: Yes.
MR. DECOSTE: Is that not -- 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 --
MR. DECOSTE: I'm going to strike that, Your Honor. I'm going to re-ask that question.
BY MR. DECOSTE:
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 rate transaction?
ERIKA JOHNSON: That's 100 percent correct.
MR. DECOSTE: Meaning, that if a patient were to pay any amount of money with a credit card, that 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? If you know?
ERIKA JOHNSON: I would imagine so. I think it's common in any business.
MR. DECOSTE: Last line of questioning, 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 records -- there are no employee records for her? You weren't told that; right?
ERIKA JOHNSON: That is correct.
MR. DECOSTE: One brief second, Your Honor.
(Attorneys confer.)
MR. DECOSTE: Nothing further, Your Honor.
JUDGE HANKINSON: Redirect.
MS. NORRIS: Your Honor, at this time, I'd ask to move into evidence what I've marked for identification as State's Exhibit 180, the CD that was played for Ms. Johnson, into evidence.
MR. DECOSTE: Objection, Your Honor. This is redirect.
JUDGE HANKINSON: I beg your pardon?
MR. DECOSTE: Objection, moving evidence in during redirect.
JUDGE HANKINSON: I'‘'11 sustain the objection at this point.
REDIRECT EXAMINATION BY MS. NORRIS:
MS. NORRIS: You were asked some questions about that phone call between you and Charles Adelson. He told you: TI wouldn't give anything?
MR. DECOSTE: Objection, hearsay.
JUDGE HANKINSON: All right. I'm admitting State's Exhibit 180.
MS. NORRIS: Thank you, Your Honor.
MR. DECOSTE: Permission for recross, Your Honor?
JUDGE HANKINSON: No. well, yeah, I will let you recross. I'll be required to.
(State's Exhibit No. 180 received in evidence.)
MS. NORRIS: Can I publish that at this time, Judge?
JUDGE HANKINSON: Let's take a lunch break. we'll see you at 1:00, go to lunch.
Keep the microphone in front of you, please, Ms. Norris. The jurors are saying they're not able to hear you.
MS. NORRIS: Yes, sir.
(Luncheon recess taken from 11:55 a.m. to 1:00 p.m.)
JUDGE HANKINSON: Be seated, please, folks. The bailiff has reported to me Juror No. 13, Ms. Fondo, is quite ill. She has been throwing up in the bathroom back there and I think we need to excuse her. She's our first alternate.
Anybody want to be heard on that?
MS. CAPPLEMAN: No objection from the State.
MR. ZANGENEH: Judge, if I could just get a second to consult with Mr. Padilla, my cocounsel, he's right outside. we didn't know about this.
JUDGE HANKINSON: We're not waiting for somebody who is not here.
MR. ZANGENEH: Sorry?
JUDGE HANKINSON: we're not waiting for somebody who is not here.
MR. ZANGENEH: Okay, Your Honor.
JUDGE HANKINSON: Do you have an objection?
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: Defer to the Court.
JUDGE HANKINSON: what's that?
MR. DECOSTE: Defer to the Court.
JUDGE HANKINSON: I mean, apparently -- why don't you state what your -- what you discovered. This is Deputy Granger.
DEPUTY GRANGER: When we broke for lunch, she was -- you could hear her throwing up in the bathroom. She has been in there asleep now. She said she didn't get any sleep last night or whatever. I got her a Ginger Ale and she's still feeling pretty bad.
JUDGE HANKINSON: All right. Thank you. Tell her she's excused.
DEPUTY GRANGER: Yes, sir.
JUDGE HANKINSON: After you do that, you can bring the jury in.
BAILIFF: Yes, sir.
(jury returned to the courtroom at 1:02 p.m.)
JUDGE HANKINSON: Everybody be seated.
You may resume, Ms. Norris.
MS. NORRIS: Yes, Your Honor. At this time, I'd request to publish State's Exhibit 180.
MR. DECOSTE: Objection, motion to --
JUDGE HANKINSON: What was the number again?
MS. NORRIS: 180.
JUDGE HANKINSON: 1-8-0?
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: If you'd use the microphone, it would help us all out, Ms. Norris.
MS. NORRIS: Yes, sir.
MR. DECOSTE: Your Honor, objection --
JUDGE HANKINSON: I understand there is an objection from the defense --
MR. DECOSTE: Yes, motions in limine --
JUDGE HANKINSON: -- as to hearsay. what?
MR. DECOSTE: Motions in limine, hearsay, relevance. And we would cite State v. Brooks, 787 So. 2d 765. That's a 2001 Florida Supreme Court case.
JUDGE HANKINSON: The objection is overruled.
Proceed.
MS. NORRIS: Yes, sir.
(Video recording published in open court and previously transcribed.)
(Recording concluded.)
BY MS. NORRIS:
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 and --
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 knew he would answer the phone faster than Dr. Adelson.
BY MS. NORRIS:
MS. NORRIS: So you didn't call the person that you knew would have the records that they were seeking?
ERIKA JOHNSON: I was --
MR. DECOSTE: Objection, leading.
JUDGE HANKINSON: Overruled.
BY MS. NORRIS:
MS. NORRIS: So you didn't call the person who you knew would have the access to the records that the FBI was requesting?
ERIKA JOHNSON: Correct.
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: What time frame are we talking about, Ms. Norris? Are you talking about now or some other time?
MS. NORRIS: Yes, sir.
BY MS. NORRIS:
MS. NORRIS: From 2014 to 2016.
ERIKA JOHNSON: we had a blog.
MS. NORRIS: A blog.
You mentioned on cross-examination a website person that you met one time?
ERIKA JOHNSON: Yes.
MS. NORRIS: That was not Katherine Magbanua?
MS. NORRIS: Thank you. I have no further questions.
JUDGE HANKINSON: Recross, Garcia.
MR. ZANGENEH: NO, Your Honor, nothing from Mr. Garcia.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: Real brief, Your Honor.
RECROSS EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: You were just asked a question: So you didn't call the person 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?
ERIKA JOHNSON: Yes.
JUDGE HANKINSON: That's not -- that's not a proper question. 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.
BY MR. DECOSTE:
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 of this witness? All right. we'll go sidebar.
AT THE BENCH
JUDGE HANKINSON: The question is really a legal question, it's not a question for this witness. It says: Are all subpoenas the same? Do they all offer immunity? It's not a question for this witness.
I guess we'll let the witness step down. I don't know what y'all's thoughts are on me responding to that.
MR. ZANGENEH: JI have no position.
MS. NORRIS: Me neither, Your Honor.
MR. DECOSTE: I think that it should be explained to the jury for them to understand it's different than a subpoena for a witness, as it is for documents, because we have a lot of subpoenas for a lot of documents in this case.
JUDGE HANKINSON: Right. Okay.
MS. NORRIS: And that would give us a good time to set up for our next witness while you're explaining to the jury.
JUDGE HANKINSON: All right. Get started, please.
IN OPEN COURT
JUDGE HANKINSON: You can step down.
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.
ERIKA JOHNSON: Thank you.
JUDGE HANKINSON: There 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 talked about the other day is immunity from testifying.
Before that comes into play, the State has subpoenaed a witness, they have asked me to compel the witness to testify. And then 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 comments?
MS. NORRIS: NO, Your Honor.
MR. ZANGENEH: No, Judge.