2.Yindra Velazquez Mascaro — Direct/Cross/Redirect
1,162 linesJUDGE HANKINSON: Let's have the next witness, please.
MS. NORRIS: The State calls Yindra Mascaro.
JUDGE HANKINSON: If you would face the clerk here and raise your right hand, please.
Whereupon, YINDRA VELAZQUEZ MASCARO was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat, please.
You may proceed.
DIRECT EXAMINATION BY MS. NORRIS:
MS. NORRIS: Good morning.
YINDRA VELAZQUEZ MASCARO: Good morning.
MS. NORRIS: Can you introduce yourself to the jury, please?
YINDRA VELAZQUEZ MASCARO: My name is Yindra Velazquez Mascaro, Y-I-N-D-R-A, V-E-L-A-Z-Q-U-E-Z, M-A-S-C-A-R-O.
MS. NORRIS: And where do you currently reside?
YINDRA VELAZQUEZ MASCARO: Miami, Florida.
MS. NORRIS: Are you working?
MS. NORRIS: what do you do?
YINDRA VELAZQUEZ MASCARO: I'm a title insurance agent.
MS. NORRIS: Do you know the defendant in this case, Katherine Magbanua?
MS. NORRIS: And how do you know her?
YINDRA VELAZQUEZ MASCARO: A childhood friend, and she's the godmother to my ~~ child.
MS. NORRIS: How many children do you have?
MS. NORRIS: And she's the godmother to one of them?
YINDRA VELAZQUEZ MASCARO: To one of them, the youngest.
MS. NORRIS: You said you're childhood friends. Did y'all go to high school together?
YINDRA VELAZQUEZ MASCARO: we did.
MS. NORRIS: And did you maintain a close friendship in high ~=school?
YINDRA VELAZQUEZ MASCARO: No, not in high school.
MS. NORRIS: what about after high school?
MS. NORRIS: when after high school did y'all start to become --
YINDRA VELAZQUEZ MASCARO: My 25th birthday to be exact.
MS. NORRIS: And when is your birthday?
YINDRA VELAZQUEZ MASCARO: October 5th.
MS. NORRIS: Of what year?
MS. NORRIS: I'm sorry to ask.
YINDRA VELAZQUEZ MASCARO: It's okay.
MS. NORRIS: 1986?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. NORRIS: So if y'all reconnected or started getting closer on your 25th birthday, that would be around October, 2011?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. NORRIS: was it after that time that you had this child that Katherine Magbanua became the godmother to?
MS. NORRIS: And when was that child born?
YINDRA VELAZQUEZ MASCARO: She was born 3/4/15.
MS. NORRIS: Do you know Sigfredo Garcia?
MS. NORRIS: How do you know him?
YINDRA VELAZQUEZ MASCARO: Childhood friend as well.
MS. NORRIS: Did he attend high school with you and Ms. Magbanua?
YINDRA VELAZQUEZ MASCARO: Not really. He just -- we just knew each other from the neighborhood and stuff like that. we all grew up together.
MS. NORRIS: How would you describe the relationship -- or strike that.
Did you also know him due to his involvement with Ms. Magbanua?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. NORRIS: And what was their relationship like?
YINDRA VELAZQUEZ MASCARO: They were dating for a pretty long time.
MS. NORRIS: They started dating in high school; didn't they?
MS. NORRIS: And they were on-again, off-again throughout the course of their relationship?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. NORRIS: what about Luis Rivera, do you know him?
MS. NORRIS: How do you know him?
YINDRA VELAZQUEZ MASCARO: Childhood friend as well and I know his brothers and sisters.
MS. NORRIS: Is he older than you all?
MS. NORRIS: Did he go to high school with all of you?
YINDRA VELAZQUEZ MASCARO: No, ma'am.
MS. NORRIS: Do you know whether or not Katherine Magbanua knew Luis Rivera?
YINDRA VELAZQUEZ MASCARO: Through Sigfredo, yes.
MS. NORRIS: were Katherine Magbanua and Sigfredo -- or strike ~=that.
Were Katherine Magbanua and Luis Rivera very close?
YINDRA VELAZQUEZ MASCARO: No, ma'am.
MS. NORRIS: what about Sigfredo Garcia and Luis Rivera, were they close?
MS. NORRIS: would you describe their relationship as being brothers?
YINDRA VELAZQUEZ MASCARO: Yes, ma'am.
MS. NORRIS: You were aware that eventually at some point Luis Rivera and Sigfredo Garcia were arrested for this incident. Prior to that, say back in 2014, 2015, did you know of Luis Rivera being in a gang?
YINDRA VELAZQUEZ MASCARO: No, ma'am.
MS. NORRIS: I want to ask you some questions next about Ms. Magbanua's employment. Are you familiar with her employment over the years?
MS. NORRIS: Or at least after your 25th birthday when y'all --
MS. NORRIS: -- got closer?
when you first reconnected with her on your 25th birthday in October 2011, where was she working at that time?
YINDRA VELAZQUEZ MASCARO: She was doing brand marketing, like for different clubs and that stuff, and the dental office as well.
MS. NORRIS: So brand marketing is doing what exactly for clubs?
YINDRA VELAZQUEZ MASCARO: So when there's like different liquors that they're trying to introduce into the club and stuff like that, she would do, you know, like the tastings and stuff like that outside of the clubs.
MS. NORRIS: Kind of like promotion?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. NORRIS: And she had started at the brand marketing and then started working at a dental office?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. NORRIS: And the dental office that she worked at, where was that located?
YINDRA VELAZQUEZ MASCARO: South Beach.
MS. NORRIS: And do you recall the dental office name?
YINDRA VELAZQUEZ MASCARO: Soby something. I don't remember.
MS. NORRIS: Does SOFi Dental sound correct?
YINDRA VELAZQUEZ MASCARO: There you go, SOFi, yes.
MS. NORRIS: And approximately what year did she start working at SOFi Dental?
YINDRA VELAZQUEZ MASCARO: It was around the same time that we reconnected. So I would say it was in the 2011 portion of the year.
MS. NORRIS: would it refresh your memory to see your deposition transcript?
MS. NORRIS: As to when she started working there?
MS. NORRIS: If I could have one moment, Judge.
BY MS. NORRIS:
MS. NORRIS: while I'm looking for that, do you recall how long she worked at SoFi Dental?
YINDRA VELAZQUEZ MASCARO: Not really, no.
MS. NORRIS: Do you know what she did for them?
YINDRA VELAZQUEZ MASCARO: I believe she worked in the front desk.
MS. NORRIS: At some point while she was working at SoOFi Dental, did she stop doing the liquor promotion or the --
MS. NORRIS: -- brand marketing?
MS. NORRIS: while she was still at SoFi Dental, did she pick up a new, different job in addition to the dental office?
YINDRA VELAZQUEZ MASCARO: During the time that she was at SoFi Dental?
MS. NORRIS: Yes. Did she start working at Club Fate then?
MS. NORRIS: And when did she begin working at Club Fate?
YINDRA VELAZQUEZ MASCARO: I don't recall the year.
MS. NORRIS: Now here's the time I want to -- would your depo refresh you?
YINDRA VELAZQUEZ MASCARO: Sure, yes.
MS. NORRIS: May I approach, Your Honor?
JUDGE HANKINSON: You may.
MS. NORRIS: For defense counsel, I'm on Page 31, Lines 16 through 25.
BY MS. NORRIS:
MS. NORRIS: If you could just read silently to yourself here on Page 31. And let me know when you're done reading.
YINDRA VELAZQUEZ MASCARO: (witness complies.)
MS. NORRIS: So she began working at Club Fate -- she began working at Club Fate in the latter part of 2013?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. NORRIS: what did she do for Club Fate?
YINDRA VELAZQUEZ MASCARO: She did bottle service and bartending.
MS. NORRIS: So she was doing SoFi Dental and Club Fate or only Club Fate at that time?
YINDRA VELAZQUEZ MASCARO: Mostly Club Fate. At one point she stopped working at SOFi Dental.
MS. NORRIS: So there was a time period that those two employments overlapped, but eventually she quit the dental office and just did Club Fate?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. NORRIS: Did she -- how long did she work at Club Fate?
YINDRA VELAZQUEZ MASCARO: A couple months.
MS. NORRIS: Did she tell you why she quit working there?
YINDRA VELAZQUEZ MASCARO: They were having issues with their accounting and she was getting paychecks that were bouncing. So she was over it at that point.
MS. NORRIS: So at Club Fate she was receiving paychecks?
MS. NORRIS: They just weren't going through?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. NORRIS: So that's why she quit there. And then did she start working somewhere different?
MS. NORRIS: where did she start working at that time?
YINDRA VELAZQUEZ MASCARO: Hollywood Live.
MS. NORRIS: Did you work at Hollywood Live at the same time that Ms. Magbanua did?
YINDRA VELAZQUEZ MASCARO: Yes, ma'am.
MS. NORRIS: when did you quit working at Hollywood Live?
YINDRA VELAZQUEZ MASCARO: Shortly before becoming pregnant. well, when I found out that I was pregnant.
MS. NORRIS: And this is the pregnancy?
YINDRA VELAZQUEZ MASCARO: with my second child. That was -- I found out in July of 2014.
MS. NORRIS: So you found out you were pregnant -- it was actually July 4th, 2014; is that right?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. NORRIS: And you quit shortly before finding out you were pregnant on July 4th, 2014?
MS. NORRIS: Eventually, did Katherine Magbanua quit working at Hollywood Live as well?
MS. NORRIS: Did she quit before you or after you?
YINDRA VELAZQUEZ MASCARO: Before me.
MS. NORRIS: So I'm trying to create a timeline. If you quit before finding out you were pregnant July 4, 2014, and she quit before you, she must have quit before July, 2014?
MS. NORRIS: And approximately how long before you quit did she quit?
YINDRA VELAZQUEZ MASCARO: I want to say it was about a month, month and a half, maybe two.
MS. NORRIS: So maybe April or May, 2014 --
MS. NORRIS: -- she quit?
And I hate -- I'm not trying to be rude, but the court reporter -- I need to make sure I finish my question before you give your answer so that it's clear for the record.
YINDRA VELAZQUEZ MASCARO: You got it.
MS. NORRIS: I know it's hard to do that.
So if you quit prior to July and she quit maybe a month or two before, would it be fair to say she quit Hollywood Live maybe May of 2014?
YINDRA VELAZQUEZ MASCARO: Sounds correct.
MS. NORRIS: Do you know why she quit working there?
YINDRA VELAZQUEZ MASCARO: She was over the club scene already. She didn't want to work in the clubs anymore. You get tired.
MS. NORRIS: what is the next employment for Katherine Magbanua that you know of?
YINDRA VELAZQUEZ MASCARO: She started working at a dermatologist's office.
MS. NORRIS: Do you know the name of that dermatology office?
YINDRA VELAZQUEZ MASCARO: I do not.
MS. NORRIS: Do you know who owns that dermatology office?
YINDRA VELAZQUEZ MASCARO: Charlie's best friend and former roommate. I just -- I don't remember his name.
MS. NORRIS: when you say "Charlie," who do you mean?
YINDRA VELAZQUEZ MASCARO: Charlie Adelson.
MS. NORRIS: How long did she work at Broward -- or, excuse me, work at the dermatology office?
YINDRA VELAZQUEZ MASCARO: It was just a couple of months.
MS. NORRIS: where did she work after leaving the dermatology of fice?
YINDRA VELAZQUEZ MASCARO: She was working with me again at Optimar International Realty.
MS. NORRIS: what was she doing at Optimar?
YINDRA VELAZQUEZ MASCARO: She was an assistant to one of the Realtors.
MS. NORRIS: How long did she work as an assistant to one of the Realtors at Optimar?
YINDRA VELAZQUEZ MASCARO: It was for a short period of time. She stopped working in May, end of May of 2016.
MS. NORRIS: Do you know why she quit working at Optimar Realty?
YINDRA VELAZQUEZ MASCARO: well, Mr. Garcia got arrested. We were going to be going out of town and when that happened, you know, it just threw her off. She just stopped working.
MS. NORRIS: So her last day at Optimar was the day Mr. Garcia was arrested?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. NORRIS: Speaking of Mr. Garcia, did you ever know him to be employed or have a steady job?
YINDRA VELAZQUEZ MASCARO: I only knew of the last job that he had right before he got arrested.
MS. NORRIS: And do you recall what that was?
YINDRA VELAZQUEZ MASCARO: I don't remember the first word of the business, but it was something Capital Funding, if I'm not mistaken.
MS. NORRIS: If I said the word, would you maybe remember it?
MS. NORRIS: Was it Rapid Capital Funding?
MS. NORRIS: But that wasn't until much later, like in 2016?
MS. NORRIS: Prior to that, you have no knowledge of him having a steady employment?
YINDRA VELAZQUEZ MASCARO: No, ma'am.
MS. NORRIS: You mentioned earlier that the owner of the dermatology place that Katherine Magbanua worked was, you said, Charlie Adelson's best friend and roommate, or prior roommate?
YINDRA VELAZQUEZ MASCARO: Uh-huh.
MS. NORRIS: How do you know Charlie Adelson?
YINDRA VELAZQUEZ MASCARO: Because he was dating Katherine.
MS. NORRIS: Do you know how long they dated for?
YINDRA VELAZQUEZ MASCARO: I don't recall the exact amount of time, but it wasn't -- I want to say maybe a year.
MS. NORRIS: Did you ever meet him during that time?
YINDRA VELAZQUEZ MASCARO: I did.
MS. NORRIS: Do you know how they met?
YINDRA VELAZQUEZ MASCARO: Yes. He was a specialist that would come in to SoFi Dental and they met because she worked in the front desk.
MS. NORRIS: was he a regular doctor at SoFi Dental?
YINDRA VELAZQUEZ MASCARO: No, ma'am. He would be called in specifically for certain clients that needed him for implants or whatever it was.
MS. NORRIS: And he's a specialist? He's a periodontist?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. NORRIS: So just every now and then he'd come in and that's how they met and began dating?
MS. NORRIS: So would it be fair to say that the time frame of their relationship at least had to have initiated during her employment at SoFi Dental?
MS. NORRIS: Do you know when they stopped dating?
YINDRA VELAZQUEZ MASCARO: I don't recall.
(Pause. )
MS. NORRIS: when Ms. Magbanua was dating Charlie Adelson, did she bring Mr. Adelson around you a lot?
YINDRA VELAZQUEZ MASCARO: Just a couple of times. It wasn't like all the time that they were together or anything like that, but we did hang out a couple of times socially.
MS. NORRIS: So you would describe it as rarely seeing him?
YINDRA VELAZQUEZ MASCARO: Yeah, I didn't see him much.
MS. NORRIS: Did she talk about him much?
MS. NORRIS: when Ms. Magbanua was dating Charlie Adelson, was Sigfredo Garcia still in the picture?
YINDRA VELAZQUEZ MASCARO: Here and there. He was just pretty much in her life for the kids at the moment.
MS. NORRIS: Say that again?
YINDRA VELAZQUEZ MASCARO: For the kids, mainly.
MS. NORRIS: But he was actually trying to be a better father --
MS. NORRIS: -- and get back in the relationship --
MS. NORRIS: -- with Ms. Magbanua?
would you describe Mr. Adelson was being wealthy?
YINDRA VELAZQUEZ MASCARO: He's comfortable.
MS. NORRIS: He has a lot of toys and money; right?
YINDRA VELAZQUEZ MASCARO: Yes, but we also live in Miami where --
MS. NORRIS: So wealth is relative maybe --
MS. NORRIS: -- in Miami?
But he did own a limousine?
YINDRA VELAZQUEZ MASCARO: Yes, he did.
MS. NORRIS: He owned multiple vehicles?
MS. NORRIS: He owned jet skies?
MS. NORRIS: A boat?
YINDRA VELAZQUEZ MASCARO: Yes, a small boat.
MS. NORRIS: He had a place on the water in Fort Lauderdale?
MS. NORRIS: During the time that Ms. Magbanua and Charlie Adelson were dating, were you aware of Ms. Magbanua getting a breast augmentation?
MS. NORRIS: Do you know how she found the doctor to perform that breast augmentation?
YINDRA VELAZQUEZ MASCARO: Apparently Mr. Adelson knew the doctor.
MS. NORRIS: Did she tell you how much that surgery would cost?
YINDRA VELAZQUEZ MASCARO: She predicted it was going to be about six or $7,000.
MS. NORRIS: And you mentioned that this breast augmentation was during the period that she was dating Charlie Adelson --
MS. NORRIS: -- right?
who took care of her during her recovery after the breast augmentation?
YINDRA VELAZQUEZ MASCARO: Mr. Garcia.
MS. NORRIS: Did you ever meet Charlie Adelson's sister Wendi Adelson?
YINDRA VELAZQUEZ MASCARO: I did.
MS. NORRIS: when did you meet her?
YINDRA VELAZQUEZ MASCARO: Father's Day weekend.
MS. NORRIS: Do you recall what year?
YINDRA VELAZQUEZ MASCARO: 2015, I want to say. It's on my depo.
MS. NORRIS: I'm looking for it. Would that help you remember if I can find it?
MS. NORRIS: May I approach, Your Honor?
JUDGE HANKINSON: You may.
MS. NORRIS: For defense counsel, I'm on Page 98, Lines 4 and 5.
YINDRA VELAZQUEZ MASCARO: 2014, yes.
BY MS. NORRIS:
MS. NORRIS: So Father's Day of 2014?
MS. NORRIS: what were the circumstances surrounding your meeting wendi Adelson?
YINDRA VELAZQUEZ MASCARO: We just met up at the pool and at the beach downstairs from her parents’ place.
MS. NORRIS: That's down in Miami?
YINDRA VELAZQUEZ MASCARO: Yes, correct, in South Beach.
MS. NORRIS: who all was there that day?
YINDRA VELAZQUEZ MASCARO: Charlie, Katie, myself, and his sister.
MS. NORRIS: I'm going to show you a photograph that's in evidence as State's Exhibit 36.
Do you recognize the people in this photograph?
MS. NORRIS: who is the individual on the far left?
YINDRA VELAZQUEZ MASCARO: Katie.
MS. NORRIS: Katherine Magbanua?
MS. NORRIS: And who is the individual in the middle?
YINDRA VELAZQUEZ MASCARO: wendi.
MS. NORRIS: And then who is that on the far right?
MS. NORRIS: Thank you.
(Attorneys confer.)
BY MS. NORRIS:
MS. NORRIS: And if that photograph had -- you know, every picture has data associated with it. If the data associated with that photograph says June 15, 2014, do you remember that being consistent with Father's Day in that year?
YINDRA VELAZQUEZ MASCARO: Yes, because my child was with her dad that day.
MS. NORRIS: Once -- and I don't think you've been able to remember a time frame for when Katherine Magbanua and Charlie Adelson broke up, but do you recall it being several months before Ms. Magbanua got back with Sigfredo Garcia?
MS. NORRIS: And when did Ms. Magbanua and Mr. Garcia get back together?
YINDRA VELAZQUEZ MASCARO: I want to say it was the Pacquiao fight, the night of the Pacquiao fight.
MS. NORRIS: And you're referring to the Pacquiao --
YINDRA VELAZQUEZ MASCARO: Manny Pacquiao boxing match, yes.
MS. NORRIS: The Pacquiao-Mayweather fight?
YINDRA VELAZQUEZ MASCARO: Yes, the Pacquiao-Mayweather fight, that's correct.
MS. NORRIS: Does May 2nd, 2015, sound right?
YINDRA VELAZQUEZ MASCARO: Yes, ma'am.
MS. NORRIS: And she had broken up with Mr. Adelson earlier in that year, maybe January or February --
YINDRA VELAZQUEZ MASCARO: Yes, yes, that's correct.
MS. NORRIS: -- 2015?
And once they resumed their relationship after the May 2015 Pacquiao fight, did they begin living with each other again?
MS. NORRIS: At some point, did Ms. Magbanua drive a Mazda?
MS. NORRIS: A white Mazda?
YINDRA VELAZQUEZ MASCARO: Yes, ma'am.
MS. NORRIS: Did there come a time that she began having mechanical problems with the Mazda?
YINDRA VELAZQUEZ MASCARO: Yes, she did.
MS. NORRIS: Do you remember if those problems were prior to the Pacquiao fight in May 2015 or after?
YINDRA VELAZQUEZ MASCARO: They were continuous, honestly.
MS. NORRIS: All the time problems with the Mazda?
MS. NORRIS: Fair enough.
Do you know who paid for the repairs to her Mazda?
YINDRA VELAZQUEZ MASCARO: I do not.
MS. NORRIS: Did Mr. Adelson, meaning Charlie, ever give Katherine Magbanua a car?
YINDRA VELAZQUEZ MASCARO: Yes, he did.
MS. NORRIS: And when did he give her that car?
YINDRA VELAZQUEZ MASCARO: when she stopped driving the Mazda because that's it; the Mazda just stopped working altogether.
MS. NORRIS: Do you recall the Lexus -- did you already say it was a Lexus? I'm sorry.
YINDRA VELAZQUEZ MASCARO: No, I just said it was a vehicle. It was a Lexus. It was a black Lexus.
MS. NORRIS: I apologize.
YINDRA VELAZQUEZ MASCARO: That's okay.
MS. NORRIS: So this is the Lexus. And you don't remember when he gave her that Lexus?
MS. NORRIS: was she working at Optimar at that time?
YINDRA VELAZQUEZ MASCARO: She was.
MS. NORRIS: So this would have been late 2015 or early 2016?
YINDRA VELAZQUEZ MASCARO: Yes, that sounds right.
MS. NORRIS: And she was with Sigfredo Garcia at that time?
YINDRA VELAZQUEZ MASCARO: She was.
MS. NORRIS: was the Lexus a brand new car?
YINDRA VELAZQUEZ MASCARO: It wasn't brand new, it was older.
MS. NORRIS: It was an older model. Had you ever physically been inside of it?
MS. NORRIS: How would you describe the condition of this Lexus?
YINDRA VELAZQUEZ MASCARO: It was well kept.
MS. NORRIS: would you describe it as pristine?
MS. NORRIS: Those are actually your words?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. NORRIS: Did Katherine Magbanua indicate that she purchased that vehicle from Charlie Adelson?
YINDRA VELAZQUEZ MASCARO: No, ma'am.
MS. NORRIS: Did she ever say anything about giving him any money at all for that car?
YINDRA VELAZQUEZ MASCARO: No, ma'am, not to my knowledge.
MS. NORRIS: Was it your understanding it was a gift?
MS. NORRIS: Now she's had mechanical problems with the Mazda. Does she then begin to have mechanical problems --
MS. NORRIS: -- with this pristine Lexus?
MS. NORRIS: And she was still dating Mr. Garcia at that time?
MS. NORRIS: Do you know who paid for the repairs to the Lexus?
YINDRA VELAZQUEZ MASCARO: I do not.
MS. NORRIS: I want to jump to -- jump back a little bit in time to 2014.
MS. NORRIS: Was there ever a time that Ms. Magbanua asked you to ~=watch her children?
MS. NORRIS: when was that?
YINDRA VELAZQUEZ MASCARO: July, 2014.
MS. NORRIS: July, 2014?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. NORRIS: And was it weird for her to ask you to watch her kids or a normal occurrence or what?
YINDRA VELAZQUEZ MASCARO: No, normal. I mean, if she needed a favor, I would do it. If I needed a favor, she would do it, you know, in regards to the kids.
MS. NORRIS: Do you know why she didn't ask Mr. Garcia to take care of his kids?
MR. ZANGENEH: Objection, calls for speculation.
MS. NORRIS: I'm asking if she knows.
JUDGE HANKINSON: Overruled.
BY MS. NORRIS:
MS. NORRIS: Do you know?
YINDRA VELAZQUEZ MASCARO: I don't, I don't.
MS. NORRIS: So she leaves the kids with you. And do they stay with you overnight?
YINDRA VELAZQUEZ MASCARO: They did. They ended up falling asleep so they just stayed there. There was no point of her picking them up. It was too late in the day.
MS. NORRIS: Then the next day, did you receive a call from Ms. Magbanua?
MS. NORRIS: And what did she tell you at that time?
YINDRA VELAZQUEZ MASCARO: She had told me that Charlie's brother-in-law had had an accident.
MS. NORRIS: what kind of accident?
YINDRA VELAZQUEZ MASCARO: It was -- I literally -- they literally said, an accident.
MS. NORRIS: So you watch her kids. The next day, she says Charlie Adelson's brother has had an accident?
YINDRA VELAZQUEZ MASCARO: Brother-in- law.
MS. NORRIS: Brother-in-law. And did she say what, if anything, Charlie Adelson was going to have to do because of that accident?
YINDRA VELAZQUEZ MASCARO: That he was going to go up to see what, you know, the situation was and to see his sister and make sure everything was okay.
MS. NORRIS: And this was July, 2014?
MS. NORRIS: Did you later find out that the accident was Dan Markel being executed in his garage?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. NORRIS: Do you remember when Sigfredo Garcia was arrested in this case? I believe earlier you said it was May, 2016?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. NORRIS: And y'all had plans that weekend?
MS. NORRIS: what were they?
YINDRA VELAZQUEZ MASCARO: we were going to Disney.
MS. NORRIS: And who all was going on this trip?
YINDRA VELAZQUEZ MASCARO: My ex-husband, myself, my two kids, Katie, Mr. Garcia, and the two kids.
MS. NORRIS: And did Ms. Magbanua continue to go on that --
YINDRA VELAZQUEZ MASCARO: She did not.
MS. NORRIS: -- trip with you all?
After Mr. Garcia was arrested, what type of contact did you have with Ms. Magbanua after that?
YINDRA VELAZQUEZ MASCARO: Not much; here and there. I would just ask her how the kids were doing and how she was holding up.
MS. NORRIS: You would describe it as her kind of going off the radar; right?
MS. NORRIS: She didn't really talk to anybody at that time?
YINDRA VELAZQUEZ MASCARO: No, ma'am.
MS. NORRIS: Has she ever, meaning Ms. Magbanua, ever talked to you about Mr. Garcia being arrested?
MS. NORRIS: Or any of the news stories --
MS. NORRIS: -- around this case?
MS. NORRIS: Are you aware of any relationship between Katherine Magbanua and Charlie Adelson's parents Donna and Harvey Adelson?
YINDRA VELAZQUEZ MASCARO: with Harvey, yes.
MS. NORRIS: And what was the nature of that relationship?
YINDRA VELAZQUEZ MASCARO: She would get dental work from Harvey.
MS. NORRIS: So purely professional?
MS. NORRIS: Did Katherine Magbanua ever work for the Adelson Institute?
YINDRA VELAZQUEZ MASCARO: Not that I'm aware.
MS. NORRIS: Did she ever work for Charlie?
YINDRA VELAZQUEZ MASCARO: Not that I'm aware.
MS. NORRIS: And I apologize, Charlie Adelson.
Did she -- I know you said not that you're aware, but did she ever say anything to you about employment with the Adelsons?
MS. NORRIS: If I could have one moment, Your Honor.
JUDGE HANKINSON: You may.
(Attorneys confer.)
MS. NORRIS: Your Honor, may I approach?
JUDGE HANKINSON: You may.
BY MS. NORRIS:
MS. NORRIS: I'm showing you what I've marked for identification as State's Exhibit 60.
Do you recognize the people and objects in State's Exhibit 60?
MS. NORRIS: And how do you recognize them?
YINDRA VELAZQUEZ MASCARO: That's Katie and Charlie.
MS. NORRIS: And do you recognize any of the vehicles in this photograph?
YINDRA VELAZQUEZ MASCARO: That's the Lexus that was driven and that was charlie's vehicle at the time.
MS. NORRIS: And are these accurate depictions of the condition of those two vehicles, the Lexus as well as the -- is ita Mercedes --
YINDRA VELAZQUEZ MASCARO: Yes, it is.
MS. NORRIS: -- I'm sorry, being driven by Mr. Adelson?
MS. NORRIS: During the times that you testified about today?
YINDRA VELAZQUEZ MASCARO: Yes, ma'am.
MS. NORRIS: Your Honor, at this time, I'd offer into evidence State's Exhibit 60.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: None from Mr. Garcia.
MS. KAWASS: The only objection, Judge, is she can't testify when it was taken.
JUDGE HANKINSON: Say what?
MS. KAWASS: She can't testify to when it was taken. She said during the time that she's testified to. That's over a two-year span.
JUDGE HANKINSON: Do you have any idea when this was?
YINDRA VELAZQUEZ MASCARO: I do not. I know that those are their vehicles, but I do not know when it was taken.
MS. NORRIS: Can I ask an additional question?
JUDGE HANKINSON: You may.
BY MS. NORRIS:
MS. NORRIS: And my main point here is do these accurately reflect the condition of the vehicle in question, the Lexus that was given by Mr. Adelson to Katherine Magbanua?
YINDRA VELAZQUEZ MASCARO: Yes, ma'am.
JUDGE HANKINSON: I'll overrule the objection.
(State's Exhibit No. 60 received in evidence.)
MS. NORRIS: Permission to publish, Your Honor?
JUDGE HANKINSON: You may.
MS. NORRIS: Thank you.
I have no further questions.
JUDGE HANKINSON: Garcia.
CROSS EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Good morning, Ms. Velazquez-Mascaro. Did I pronounce that correctly?
YINDRA VELAZQUEZ MASCARO: Velazquez.
MR. ZANGENEH: Velazquez, I apologize.
I represent Sigfredo Garcia. I'm going to ask you some questions with regards to your involvement, as well as your -- involvement in this investigation, as well as your testimony today; okay?
MR. ZANGENEH: So you indicated that you've known Sigfredo Garcia since childhood; correct?
MR. ZANGENEH: You also indicated that you knew Luis Rivera also since childhood; is that correct?
MR. ZANGENEH: And when you describe childhood, would that be teenagers or before that?
YINDRA VELAZQUEZ MASCARO: Before that.
MR. ZANGENEH: So eight-years old, ten-years old, something around ~=there?
YINDRA VELAZQUEZ MASCARO: Around there.
MR. ZANGENEH: So you would agree with me, so around 20, 25 years you've known Luis Rivera?
MR. ZANGENEH: Have you ever gone to the beach with Mr. Rivera?
YINDRA VELAZQUEZ MASCARO: The beach?
MR. ZANGENEH: Yes. I mean, we live in South Florida; right?
YINDRA VELAZQUEZ MASCARO: As in like gone to the water and gone to the beach with him?
MR. ZANGENEH: No, no, ever been socializing with him outside during the summertime.
MR. ZANGENEH: Did you ever go to the pool with him?
MR. ZANGENEH: Did you ever spend any time alone with him?
MR. ZANGENEH: So when you say he's a childhood friend, this is just someone that you met at an early age?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: And that he would be -- would it be closer to say that he was maybe an acquaintance versus a friend?
MR. ZANGENEH: would you call him on your cell phone?
MR. ZANGENEH: Have you ever called him on your cell phone?
MR. ZANGENEH: And in today's day and age I have to ask, have you ever text messaged him?
MR. ZANGENEH: Sent him an Instagram direct message?
MR. ZANGENEH: A Facebook -- a Facebook message?
MR. ZANGENEH: A Tweet?
MR. ZANGENEH: So this is simply someone that you've known kind of at arm's length; right?
MR. ZANGENEH: And they also asked you -- the government asked you if you knew whether or not Mr. Rivera was a Latin King; correct?
MR. ZANGENEH: And your answer was no?
MR. ZANGENEH: And you'll agree with me that, as you indicated before, this was kind of an arm's-length relationship; correct?
YINDRA VELAZQUEZ MASCARO: correct.
MR. ZANGENEH: Have you ever seen Mr. Rivera without his shirt on?
MR. ZANGENEH: Were you aware that he had a gigantic tattoo of --
JUDGE HANKINSON: Mr. Zangeneh, she just said she's never seen him with his shirt off so move on.
MR. ZANGENEH: No problem.
BY MR. ZANGENEH:
MR. ZANGENEH: Were you aware that he had a tattoo on his stomach?
MR. ZANGENEH: Let's talk about your knowledge of Charlie Adelson, if you don't mind?
MR. ZANGENEH: when did you first, if you recall, remember hearing Charlie Adelson being mentioned?
YINDRA VELAZQUEZ MASCARO: when she was -- when Katie was working at SOFi Dental, she told me about him.
MR. ZANGENEH: And, roughly, what was the month and year of that?
YINDRA VELAZQUEZ MASCARO: I don't recall. She asked me and I don't recall.
MR. ZANGENEH: what year was it? 2013? 2014?
YINDRA VELAZQUEZ MASCARO: I want to say it was ‘13, yes.
MR. ZANGENEH: "13, good.
And you indicated that you heard Charlie Adelson's name from Ms. Magbanua; correct?
YINDRA VELAZQUEZ MASCARO: That's correct.
MR. ZANGENEH: And you heard it in a reference to, I met a guy?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: A cute guy?
MR. ZANGENEH: A rich guy?
YINDRA VELAZQUEZ MASCARO: She didn't say rich. She just said he was a cute guy, nice guy, that, you know, was giving her attention.
MR. ZANGENEH: At any point, did you believe that they had an actual relationship other than just some guy that she met that was cute?
YINDRA VELAZQUEZ MASCARO: No, I just thought they were casually dating.
MR. ZANGENEH: were you aware if Mr. Garcia had knowledge of this casual dating?
YINDRA VELAZQUEZ MASCARO: He did.
MR. ZANGENEH: was he happy about it?
YINDRA VELAZQUEZ MASCARO: He was not.
MR. ZANGENEH: On a scale of one to ten -- one being happy about it, ten being furious -- was he more like a ten?
MR. ZANGENEH: would you say the number ten?
MR. ZANGENEH: On a scale of one to ten, it doesn't get any higher than ten; correct?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: You'll agree with the members of this jury that Mr. Garcia, my client, wanted to have a relationship with Ms. Magbanua; correct?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: At any time, did you see Charlie Adelson with my client?
YINDRA VELAZQUEZ MASCARO: I did not.
MR. ZANGENEH: If my client would have seen -- based on your knowledge of how angry he was about the relationship, do you think that my client would have attempted to attack Mr. Adelson?
MS. NORRIS: Objection, speculation.
JUDGE HANKINSON: Sustained.
BY MR. ZANGENEH:
MR. ZANGENEH: Do you think my client would have helped Mr. Adelson?
MS. NORRIS: Objection, speculation.
JUDGE HANKINSON: Sustained.
BY MR. ZANGENEH:
MR. ZANGENEH: Are you aware of the theory in this case?
YINDRA VELAZQUEZ MASCARO: The theory for whom?
MR. ZANGENEH: The theory of the government.
MS. NORRIS: Objection to relevance.
JUDGE HANKINSON: Sustained.
MR. ZANGENEH: Give me a second, Judge.
(Attorneys confer.)
BY MR. ZANGENEH:
MR. ZANGENEH: You indicated on direct examination that it was the Pacquiao fight, Mayweather-Pacquiao fight, where my client and Ms. Magbanua got back together?
YINDRA VELAZQUEZ MASCARO: Rekindled, yes.
MR. ZANGENEH: Rekindled is another word of saying that they were back together?
MR. ZANGENEH: They were boyfriend and girlfriend again; correct?
MR. ZANGENEH: And this was, the prosecutor gave the exact date, May 2nd, 2015; correct?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: You watched the children, as a result of a favor for Ms. Magbanua, the night before Dan Markel got shot; correct?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: That was in July of 2014?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: So from July, 2014, to May, 2015, that's about ten months?
YINDRA VELAZQUEZ MASCARO: (Nods affirmatively.) More or less.
MR. ZANGENEH: During this ten-month period, was Katie seeing Mr. Adelson?
MR. ZANGENEH: when did Ms. Magbanua --
(Attorneys confer.)
BY MR. ZANGENEH:
MR. ZANGENEH: -- when did Ms. Magbanua get her cosmetic surgery?
YINDRA VELAZQUEZ MASCARO: October.
MR. ZANGENEH: Of 2014?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: And this is the same time that she was dating Mr. Adelson; correct?
MR. ZANGENEH: Charlie Adelson.
MR. ZANGENEH: And by “dating,” I am making a reference that they were still romantically involved; correct?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: So they would -- to your knowledge, were they sleeping over at each other's house?
YINDRA VELAZQUEZ MASCARO: I wouldn't know.
MR. ZANGENEH: To your knowledge, were they romantically involved?
MR. ZANGENEH: And by “romantically involved" I mean having sex.
MR. ZANGENEH: So after July 14th, Ms. Magbanua was still having sex with Charlie Adelson; correct?
MR. ZANGENEH: And in October, several months after Mr. Markel was murdered, Ms. Magbanua got breast enhancement surgery; correct?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: And the doctor that she went to was at the direction of Charlie Adelson; correct?
MR. ZANGENEH: And Mr. Garcia's level of anger about this relationship, maybe now a 12?
YINDRA VELAZQUEZ MASCARO: Are we still on the scale from one to ten?
MR. ZANGENEH: Correct.
YINDRA VELAZQUEZ MASCARO: well, if we're at one to ten, then it would be ten, not 12.
MR. ZANGENEH: You'll agree with me that -- well, let me ask you this: One of the things that the government asked you about was the Adelson Institute, which is the dental institute; correct?
MR. ZANGENEH: And the owner of that institute is who?
YINDRA VELAZQUEZ MASCARO: Harvey.
MR. ZANGENEH: Harvey Adelson.
So if someone were to do research on the institute, he's the owner; correct?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: And by "research" I mean if someone goes on Google, the Adelson Institute would be related to Harvey Adelson; = correct?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: Now you indicated that during her recovery time from her augmentation surgery, that my client took care of her; right?
YINDRA VELAZQUEZ MASCARO: He did.
MR. ZANGENEH: And that would be at Ms. Magbanua's home; correct?
MR. ZANGENEH: where they have children in common; correct?
YINDRA VELAZQUEZ MASCARO: They do.
MR. ZANGENEH: And after my client cared for her while she recovered, afterwards, she was still dating Charlie Adelson; correct?
MR. ZANGENEH: And by "dating" I mean having a sexual relationship with Charlie Adelson; correct?
YINDRA VELAZQUEZ MASCARO: Correct.
MR. ZANGENEH: So now maybe my client's anger is at a 13 out of ten?
YINDRA VELAZQUEZ MASCARO: Possibly, yes.
MR. ZANGENEH: No further questions.
JUDGE HANKINSON: All right. we'll take a break. we'll take 15 minutes. we'll let the jury step out with the bailiff.
Either side need anything?
MR. DECOSTE: No, Your Honor.
MS. NORRIS: No, sir.
JUDGE HANKINSON: Anybody need anything?
MR. ZANGENEH: I'm sorry, Your Honor, I didn't hear.
JUDGE HANKINSON: Anybody need anything?
MR. ZANGENEH: Oh, no, Judge.
JUDGE HANKINSON: All right, 15 minutes.
(off-the-record discussion.)
(Jury excused from the courtroom at 10:20 a.m..)
JUDGE HANKINSON: All right. we'll be in recess.
(Recess taken from 10:20 a.m. to 10:33 a.m.)
JUDGE HANKINSON: Let's have the jury, please.
(jury returned to the courtroom at 10:33 a.m.)
JUDGE HANKINSON: Everybody be seated, please.
Magbanua.
MS. KAWASS: Thank you, Your Honor.
CROSS EXAMINATION BY MS. KAWASS:
MS. KAWASS: Good morning, Ms. Velazquez.
YINDRA VELAZQUEZ MASCARO: Good morning.
MS. KAWASS: How are you doing today?
YINDRA VELAZQUEZ MASCARO: I'm okay. How are you?
MS. KAWASS: I'm doing good.
All right. I just want to clarify some things that you talked about on direct examination; okay?
MS. KAWASS: All right. So after Kaylee [phonetic] -- who is Kaylee?
YINDRA VELAZQUEZ MASCARO: Katie?
MS. KAWASS: Kaylee.
YINDRA VELAZQUEZ MASCARO: Katherine Magbanua.
MS. KAWASS: Kaylee.
YINDRA VELAZQUEZ MASCARO: Oh, Kaylee.
MS. KAWASS: Is that Katherine's daughter?
MS. KAWASS: Do you remember when she was born?
MS. KAWASS: Does 2012 sound about right?
MS. KAWASS: Because I know we're talking about events in the past so I'm just going to try to bring up significant dates, okay?
MS. KAWASS: All right. So do you remember when -- were you friends with Katherine Magbanua when she had that big breakup with Sigfredo Garcia?
MS. KAWASS: where was she living at that time?
YINDRA VELAZQUEZ MASCARO: In North Bay Village.
MS. KAWASS: And what is that?
YINDRA VELAZQUEZ MASCARO: It's a city in Miami.
MS. KAWASS: And was she living in like a high-rise condo or --
MS. KAWASS: Is it more like an apartment?
YINDRA VELAZQUEZ MASCARO: Yeah, it was an apartment.
MS. KAWASS: And she kicked him out of the house?
MS. KAWASS: Can you describe for the jury, like, was she finished with him?
MS. KAWASS: what was the problem?
YINDRA VELAZQUEZ MASCARO: It was a small choice really.
MR. ZANGENEH: Objection, Judge.
MS. NORRIS: Objection.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: Did you know why she broke up with him?
JUDGE HANKINSON: I've sustained the objection.
BY MS. KAWASS:
MS. KAWASS: So she kicks him out?
MS. KAWASS: And who was she then living with at the time?
YINDRA VELAZQUEZ MASCARO: Her mom.
MS. KAWASS: Her mom?
MS. KAWASS: Anyone else?
YINDRA VELAZQUEZ MASCARO: The kids.
MS. KAWASS: Okay. So that is around the time that she met charlie Adelson in 2013?
YINDRA VELAZQUEZ MASCARO: (Nods affirmatively.)
MS. KAWASS: Is that a yes?
MS. KAWASS: Yes. And I'll do that if I see you nod your head because it's just for the court reporter to get it down, okay?
YINDRA VELAZQUEZ MASCARO: You got it.
MS. KAWASS: Okay. Now, was Katherine frustrated with the fact that Sigfredo wasn't helping?
MS. KAWASS: And I want to talk now about -- because I want to kind of go in chronological order of when you guys were working at the clubs, okay.
Now the State tried to get you to get a specific date of May, 2014, is when she broke up. Can you say for certain that that is when -- that she stopped working at the clubs?
MS. KAWASS: Okay. Are you trying to give an approximation?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: I'm going to give you another event that may jog your memory. You remember when Katherine got her breast augmentation; correct?
MS. KAWASS: That was in October of 2014; correct?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: All right. And we'd know because the records would reflect that?
MS. KAWASS: All right. Do you remember if she ever went back to the clubs after getting the breast enhancement?
YINDRA VELAZQUEZ MASCARO: I don't recall.
MS. KAWASS: If there were pictures on Facebook that would reflect that --
MS. KAWASS: -- it's a good indicator because it shows --
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Is it fair to say that the breast enhancement is a little obvious to tell from the pictures?
MS. KAWASS: Okay. Now when Sigfredo Garcia was arrested --
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: -- that was in May of 2016?
MS. KAWASS: They had gotten back together at this time; right?
MS. KAWASS: They were living together at that time?
MS. KAWASS: And how -- was Katherine shocked when he was arrested?
MS. KAWASS: Now the State was asking about, you know, she kind of cut you off. Isn't it true that her lawyer at the time told her not to talk to anybody?
MS. NORRIS: Objection, hearsay.
JUDGE HANKINSON: I'll sustain the objection.
BY MS. KAWASS:
MS. KAWASS: Now you had described that relationship with Charlie Adelson as not being serious?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: She didn't call him, that's my boyfriend?
MS. KAWASS: And let's talk about how much she was working around ~=that time.
Now you're a mother of two young children; right?
MS. KAWASS: How busy are you?
YINDRA VELAZQUEZ MASCARO: Extremely.
MS. KAWASS: And you work full time?
MS. KAWASS: Not a lot of free time to do a lot of things?
MS. KAWASS: All right. Are your kids about as young as Katherine's are?
MS. KAWASS: Now I want to talk about, you had mentioned that Katherine had said -- is what the State got out on direct -- that Katherine had told you that Charlie is the one that recommended the doctor.
MS. KAWASS: Okay. Now, this is not the first time that you've testified to that; right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Two agents came to you at your job; correct?
MS. KAWASS: And that was way back in 2016; right?
MS. KAWASS: where did they come and see you?
YINDRA VELAZQUEZ MASCARO: My job.
MS. KAWASS: At your job. And this is at Optimar Realty; right?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: Can you describe those detectives for me?
YINDRA VELAZQUEZ MASCARO: It was an FBI agent and a Tallahassee detective.
MS. KAWASS: And who were they looking for?
YINDRA VELAZQUEZ MASCARO: They were looking for Katherine.
MS. KAWASS: But you said that you knew her and they decided to talk to you; right?
YINDRA VELAZQUEZ MASCARO: correct.
MS. KAWASS: Did they record your conversation in any way?
YINDRA VELAZQUEZ MASCARO: Not that I'm aware.
MS. KAWASS: But they wrote down notes; right?
YINDRA VELAZQUEZ MASCARO: They did.
MS. KAWASS: And then they prepared an affidavit of your words; correct?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Did you have an opportunity to review that affidavit?
YINDRA VELAZQUEZ MASCARO: when it came up online.
MS. KAWASS: when it was released to the media; right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Did they accurately reflect your words?
MS. NORRIS: TI object to hearsay.
JUDGE HANKINSON: Overruled.
BY MS. KAWASS:
MS. KAWASS: Did they accurately reflect your words?
MS. KAWASS: Had the officers put down something that you did not say?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Okay. You brought this to the attention of the State's Attorney when your deposition was conducted; right?
YINDRA VELAZQUEZ MASCARO: correct.
MS. KAWASS: But they didn't ask you about that on direct?
MS. KAWASS: Now, even though they were broken up, okay, Sigfredo Garcia, he still had to help take care of his kids; right?
MS. KAWASS: Is it fair to say that even though she was dating Charlie Adelson, she was in constant communication with Sigfredo?
MS. KAWASS: Is it fair to say that there would be days that she would be calling his phone because she can't find him?
MS. KAWASS: He'd go missing for a few days?
MS. KAWASS: She'd have no idea where he was?
MS. KAWASS: Okay. Is that something that she would always be frustrated about with him?
MS. KAWASS: Is it fair to say that Katherine is not one that takes handouts from anybody?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: She works really hard; right?
YINDRA VELAZQUEZ MASCARO: Absolutely.
MS. KAWASS: Now around July of 2014, we're going to use the date that you found out that you got pregnant --
MS. KAWASS: -- because that's a day that you remember; right?
In your opinion, was Katherine acting strange around this time?
YINDRA VELAZQUEZ MASCARO: No, ma'am.
MS. KAWASS: Nothing -- and you know her?
MS. KAWASS: You've known her since you guys went to school together?
MS. KAWASS: There was nothing unusual about her behavior?
MS. KAWASS: Did she seem nervous?
MS. KAWASS: Did she act weird?
MS. KAWASS: Nothing that stuck out in your mind?
YINDRA VELAZQUEZ MASCARO: Nothing.
MS. KAWASS: Okay. Now the Lexus that we talked about.
MS. KAWASS: You said that -- now you remember there was a time that she was driving the Mazda; right?
MS. KAWASS: She didn't have the Mazda and the Lexus at the same time?
MS. KAWASS: All right. So the Mazda is not -- wasn't doing too great; right?
MS. KAWASS: Isn't it true that that Mazda got into a car accident?
MS. KAWASS: Katherine was in that -- Katherine Magbanua was in that car accident?
YINDRA VELAZQUEZ MASCARO: She was.
MS. KAWASS: Was this around the time of the Pacquiao fight?
YINDRA VELAZQUEZ MASCARO: Yes, it was.
MS. KAWASS: Okay. And the car, the Mazda, couldn't be driven anymore because of the accident?
MS. KAWASS: Is that around the time that Charlie lent -- allowed her to use the Lexus?
MS. KAWASS: Now, you had been in the Lexus; right?
MS. KAWASS: All right. And you had described it as very well kept?
MS. KAWASS: Did you know it was a 2001 Lexus?
YINDRA VELAZQUEZ MASCARO: I did not know the year.
MS. KAWASS: Did you know it had 150,000 miles on it?
YINDRA VELAZQUEZ MASCARO: I did not.
MS. KAWASS: Now, even though it was in pristine condition, it kept breaking down; right?
MS. KAWASS: And to your knowledge -- or do you have any knowledge of whenever it would get fixed, Katherine Magbanua would pay for it; right?
MS. NORRIS: Objection.
BY MS. KAWASS:
MS. KAWASS: Or you don't know?
YINDRA VELAZQUEZ MASCARO: I don't know.
MS. KAWASS: Now around the time that -- I would say “break up,” but was there ever an event or anything that Katherine Magbanua came to you and said, oh, my God, I'm done with Charlie?
YINDRA VELAZQUEZ MASCARO: They were on and off. It wasn't anything serious, so.
MS. KAWASS: So is it fair -- it could have been a situation where -- I mean, you let me know because you were there, okay. You don't remember a specific incident of him breaking up with her?
MS. KAWASS: Okay. But they remained friends; isn't that true?
MS. KAWASS: They continued talking all the way up until Sigfredo was arrested; right?
MS. KAWASS: In fact, when you guys worked together at Optimar Realty --
YINDRA VELAZQUEZ MASCARO: Uh-huh.
MS. KAWASS: -- you guys shared office space together; correct?
YINDRA VELAZQUEZ MASCARO: we did.
MS. KAWASS: weren't you right beside each other?
YINDRA VELAZQUEZ MASCARO: Literally right next to each other.
MS. KAWASS: Okay. And you would know that Charlie would still call her?
MS. KAWASS: But they would talk as friends still?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Now, going back to Mr. Garcia, how did Katherine feel -- I mean, Sigfredo did not like Charlie. Sigfredo Garcia did not like Charlie Adelson; did he?
MS. KAWASS: He didn't make that a secret; right?
MS. KAWASS: And was Katherine aware of this?
MS. KAWASS: Did Katherine -- did Katherine Magbanua, to your knowledge, try to keep them apart?
MS. KAWASS: She didn't want Sigfredo Garcia knowing what she was doing with Charlie Adelson?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. NORRIS: Objection to hearsay and speculation.
JUDGE HANKINSON: Overruled.
BY MS. KAWASS:
MS. KAWASS: She didn't want them to know; right?
MS. KAWASS: And she didn't want -- well, did Charlie know about Sigfredo, if you know?
YINDRA VELAZQUEZ MASCARO: Did he know that he was in the picture?
MS. KAWASS: Yes.
YINDRA VELAZQUEZ MASCARO: He knew he was the father of her child, yes. Children.
MS. KAWASS: To your knowledge, have they ever come into contact with each other?
YINDRA VELAZQUEZ MASCARO: Not that I've seen, no.
MS. KAWASS: Not that you've seen for yourself?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: But he knew that Katherine was seeing someone else, Sigfredo Garcia?
YINDRA VELAZQUEZ MASCARO: Yes, he did.
MS. KAWASS: And this wasn't a situation where they would all hang out together?
YINDRA VELAZQUEZ MASCARO: Absolutely not.
MS. KAWASS: Okay.
Now, I want to talk about the statement that the State elicited on direct examination. we talked about that statement that Katherine made to you when she called about an accident. Do you remember that?
MS. KAWASS: Now the State termed it as an accident, but that's not what she said; right?
YINDRA VELAZQUEZ MASCARO: Excuse me?
MS. KAWASS: The State said that Katie said to you: Charlie says that he's been in an accident, the brother-in-law in Tallahassee --
MS. KAWASS: -- right?
MS. KAWASS: But that's not what Katie said.
Isn't it true that she said that Charlie said to you, his brother-in-law has been in a car accident and he needs to go to Tallahassee?
YINDRA VELAZQUEZ MASCARO: I don't recall. I recall “accident,” but I don't recall if I said it was a car accident, but it's possible.
MS. KAWASS: would looking at your deposition refresh --
MS. KAWASS: -- your recollection?
YINDRA VELAZQUEZ MASCARO: Absolutely.
MS. KAWASS: I'm referring Court and Counsel to Page 96 of the deposition.
May I approach, Your Honor?
JUDGE HANKINSON: You may.
MS. KAWASS: Thank you.
BY MS. KAWASS:
MS. KAWASS: Now without reading anything out loud, you can just read right here. Okay.
YINDRA VELAZQUEZ MASCARO: This part right here?
MS. KAWASS: Yes. And when your memory is refreshed, let me know.
YINDRA VELAZQUEZ MASCARO: (witness complies.) Yeah.
MS. KAWASS: Has your memory been refreshed?
YINDRA VELAZQUEZ MASCARO: Yes, ma'am.
MS. KAWASS: what did she say to you?
YINDRA VELAZQUEZ MASCARO: Car accident.
MS. KAWASS: Now this is what she is telling you that Charlie told her?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: You don't remember exactly what day this was?
MS. KAWASS: Could have been July 19th?
YINDRA VELAZQUEZ MASCARO: Could have been.
MS. KAWASS: 20th?
MS. KAWASS: 21st? You don't know?
MS. KAWASS: But the thing that you remember is her saying that Charlie said his brother got into a car accident?
YINDRA VELAZQUEZ MASCARO: His brother-in-law, yes.
MS. KAWASS: And that that is what he told her?
MS. KAWASS: Now when she's telling you this, anything weird on her voice or does it sound like she was concerned?
MS. KAWASS: She was concerned?
MS. KAWASS: And she was asking to go -- for you to watch the kids so she could see him before he went to Tallahassee?
MS. KAWASS: She never went to Tallahassee.
YINDRA VELAZQUEZ MASCARO: No, not that I'm aware of.
MS. KAWASS: She didn't mention anyone's name like Dan Markel?
MS. KAWASS: wendi Adelson?
MS. KAWASS: None of that.
MS. KAWASS: Now the other thing that we were talking about was her working -- well, actually, let's go back to the clubs.
MS. KAWASS: Okay. Because you actually worked in the clubs?
MS. KAWASS: How did you get paid?
MS. KAWASS: Explain to the jury what a good night at a club or the club that you worked with with Katherine, in South Florida, a good night, how much you going to make in cash?
YINDRA VELAZQUEZ MASCARO: Four to $500 a night.
MS. KAWASS: what is bottle service?
YINDRA VELAZQUEZ MASCARO: You serve -- you bring out bottles to a group of people that orders bottles.
MS. KAWASS: And they pay a ridiculous amount for like one bottle; right?
MS. KAWASS: But you guys make the tips?
YINDRA VELAZQUEZ MASCARO: we do. And we would make a commission off of the actual bottle, depending on the percentage the club would pay you.
MS. KAWASS: Okay. So there's an incentive for you to push the sales of the bottles?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: All right. But on a -- so if you work Friday, Saturday, Sunday night, you could make close to $2,000; correct?
MS. KAWASS: Now, I know you had mentioned that -- about the Lexus.
MS. KAWASS: Did Katherine ever tell you that it was a gift?
YINDRA VELAZQUEZ MASCARO: He said -- she said that he gave it to her, that Charlie gave it to her so that she can, you know, get around. She had kids. He knew that she needed a vehicle to have her kids.
MS. KAWASS: So in the beginning, he loaned it to her?
MS. KAWASS: You don't know if later on she actually paid him so she could keep it?
YINDRA VELAZQUEZ MASCARO: I do not.
MS. KAWASS: Now you had mentioned two different clubs --
MS. KAWASS: -- right?
And you only worked at one?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: And you got paid both check and cash or?
YINDRA VELAZQUEZ MASCARO: No, ma'am, only cash.
MS. KAWASS: All cash.
YINDRA VELAZQUEZ MASCARO: Only cash.
MS. KAWASS: And is there anything that you would have to report or you basically just take your cash and you go?
YINDRA VELAZQUEZ MASCARO: Cash and go.
MS. KAWASS: Now you spent a lot of time with Katherine; right?
MS. KAWASS: You know her pretty well?
MS. KAWASS: Around 2014, in your opinion, anything odd happen?
MS. KAWASS: All right. How close was Katie to her mother?
MS. KAWASS: And she lived with her mom for a long time; right?
MS. KAWASS: And as a mother, how was -- how important is being a mother to those two young kids?
MS. NORRIS: Objection, relevance.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: when is the last time you saw Katherine?
YINDRA VELAZQUEZ MASCARO: May, 2016.
MS. KAWASS: Do you know where Katherine has been for the past three years?
YINDRA VELAZQUEZ MASCARO: In jail.
MS. NORRIS: Objection, relevance.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: You wouldn't lie for anyone under oath; would you?
YINDRA VELAZQUEZ MASCARO: Absolutely not.
MS. NORRIS: TI object.
MS. KAWASS: I have nothing further at this time, Judge.
JUDGE HANKINSON: Redirect.
MS. NORRIS: Yes, sir.
REDIRECT EXAMINATION BY MS. NORRIS:
MS. NORRIS: Ms. Kawass asked you about some questions -- or, sorry, asked you about a report that had been prepared by the FBI or law enforcement in this case, that you reviewed the entirety of that three-page report?
MS. NORRIS: And you believe that there was one mistake in there?
MS. NORRIS: Out of the entire report?
MS. NORRIS: And I actually didn't ask you any questions about that -- that testimony that you believe was documented incorrectly; did I?
MS. NORRIS: Because you let us know that that was not accurate?
YINDRA VELAZQUEZ MASCARO: correct.
MS. NORRIS: But everything else was accurate?
MS. NORRIS: Do you recall your address at the time back in like July, 2014?
YINDRA VELAZQUEZ MASCARO: I believe it was 10735 N. E. 9th Avenue, Biscayne Park, Florida.
MS. NORRIS: I'm sorry, that was long.
YINDRA VELAZQUEZ MASCARO: 10735 N. E. 9th Avenue, Biscayne Park, Florida.
MS. NORRIS: Okay. Thank you.
I want to clarify with you some of the dates that you were having trouble remembering.
MS. NORRIS: If I were to show you that report prepared by law enforcement that you reviewed and you said everything that was in there was accurate except for that one thing, if I showed you in there the time period that Katherine Magbanua and Charles Adelson dated, would that help refresh your memory?
MS. NORRIS: May I approach, Judge?
JUDGE HANKINSON: You may.
MS. NORRIS: For defense counsel, I'm on Page 1 of Sanford's three-page report.
BY MS. NORRIS:
MS. NORRIS: If you could just read silently where I have underlined and let me know when you're done reading that.
YINDRA VELAZQUEZ MASCARO: (witness complies.) Yeah.
MS. NORRIS: Does that refresh your memory?
MS. NORRIS: And is that accurate?
MS. NORRIS: So they started dating toward the end of 2013 and maintained a romantic relationship until January or February, 2015.
YINDRA VELAZQUEZ MASCARO: Approximately, yes.
MS. NORRIS: The phone call from Ms. Magbanua about Charlie's brother-in-law having been in an accident, a car accident --
MS. NORRIS: -- up in Tallahassee, you received that call from her the day after she asked you to watch -- asked you, and not Garcia, to watch her children the previous day?
MS. NORRIS: And you'd kept the kids all night and then you got the phone call about the car accident?
MS. NORRIS: And you later found out that car accident was the murder?
MS. NORRIS: A few questions about employment. You talked about how much money you could make in a night. Ms. Kawass asked you how much you would make on a good night.
MS. NORRIS: Was every night a good night?
MS. NORRIS: what was your average night?
YINDRA VELAZQUEZ MASCARO: Sometimes you would make 100 or $200.
MS. NORRIS: A couple hundred bucks?
And how many nights a week would you do that?
YINDRA VELAZQUEZ MASCARO: I only worked two nights a week.
MS. NORRIS: And do you remember how many nights Ms. Magbanua worked per week?
YINDRA VELAZQUEZ MASCARO: It was about the same.
MS. NORRIS: Maybe two nights a week?
MS. NORRIS: So this is just a couple hundred dollars here and there?
MS. NORRIS: Unless you had a really good night?
MS. NORRIS: And you weren't -- y'all weren't always paid in cash; were you?
YINDRA VELAZQUEZ MASCARO: yes, we were.
MS. NORRIS: Okay. what about the -- you said earlier that she quit working at Club, I hope I have this correct, Club Fate because the checks were bouncing?
YINDRA VELAZQUEZ MASCARO: Yes, but I did not work at Club Fate, ma‘am.
MS. NORRIS: So when you were saying you were always paid in cash, that was only Hollywood Live in particular?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. NORRIS: You indicated that Ms. Magbanua quit Hollywood Live one to two months before you did?
YINDRA VELAZQUEZ MASCARO: Uh-huh.
MS. NORRIS: Is that a yes?
MS. NORRIS: I'm sorry, the court reporter has to take it down.
And you know that you quit before you learned you were pregnant on July 4th, 2014?
MS. NORRIS: Lastly, this Lexus. You mentioned that he had given it to her to use. when you were answering those questions, were you aware that the title was transferred to her name and it actually became her vehicle?
MS. NORRIS: And after Ms. Magbanua quit at Hollywood Live one to two months before you, no employment until the dermatology office?
MS. NORRIS: No further questions, Your Honor.
JUDGE HANKINSON: All right. Any juror have a question of this witness? All right. Okay. We'll go sidebar.
AT THE BENCH
JUDGE HANKINSON: Multiple questions. First, did you and Katherine Magbanua receive commission income when you worked the real estate business?
Anybody have objection?
MR. ZANGENEH: No objection from Mr. Garcia.
MS. KAWASS: No objection.
MR. DECOSTE: No.
MS. NORRIS: No objection if she has knowledge.
JUDGE HANKINSON: Was Ms. Magbanua ever romantically involved with Charlie Adelson and Sigfredo Garcia at the same time?
Anybody have objection?
MR. ZANGENEH: Not from Mr. Garcia.
MS. KAWASS: No, if she knows.
MS. NORRIS: No objection.
JUDGE HANKINSON: When you were watching the kids, were you aware Mr. Garcia was out of town?
Either side object?
MR. ZANGENEH: No objection.
MS. KAWASS: No objection.
MS. NORRIS: Let me think for a second.
(Attorneys confer.)
MS. NORRIS: Okay.
JUDGE HANKINSON: ATI right.
IN OPEN COURT
JUDGE HANKINSON: I believe you've indicated that you and Ms. Magbanua were working at a real estate business together?
JUDGE HANKINSON: Did I understand that?
were you receiving a commission there?
JUDGE HANKINSON: Do you know whether she was receiving a commission?
JUDGE HANKINSON: She was not or you don't know?
YINDRA VELAZQUEZ MASCARO: No, I don't know. She was an assistant to one of the Realtors, but I don't know how she was getting paid.
JUDGE HANKINSON: Was she in a similar position to you?
YINDRA VELAZQUEZ MASCARO: No, I'ma title insurance agent. So it's two different things.
JUDGE HANKINSON: Are you aware of whether Ms. Magbanua was ever romantically involved with Charlie Adelson and Mr. Garcia at the same time?
YINDRA VELAZQUEZ MASCARO: I do not know.
JUDGE HANKINSON: You're not aware?
YINDRA VELAZQUEZ MASCARO: I'm not aware.
JUDGE HANKINSON: when you were watching the children overnight, the incident you had referred to, were you aware of whether Mr. Garcia was out of town or not?
YINDRA VELAZQUEZ MASCARO: I was not aware.
JUDGE HANKINSON: Any follow-up from the State?
MS. NORRIS: No, Judge.
JUDGE HANKINSON: Follow-up from Garcia?
MR. ZANGENEH: Give me one second, Your Honor.
(Defendant confers with counsel.)
MR. ZANGENEH: No further questions from Mr. Garcia.
JUDGE HANKINSON: Magbanua.
MS. KAWASS: Just one, Your Honor.
FURTHER EXAMINATION
BY MS. KAWASS:
MS. KAWASS: How often would you watch Katherine's children for her?
YINDRA VELAZQUEZ MASCARO: Rarely.
MS. KAWASS: Rarely?
MS. KAWASS: Okay. And would she watch your kids for you sometimes?
MS. KAWASS: And it would be fair to say that she would need you if someone else, you know, like the father of her kids or someone else can't watch them; right?
MS. KAWASS: Okay. Thank you.
JUDGE HANKINSON: You can step down.
Do we need to keep her any further?
MS. NORRIS: No, Your Honor.
JUDGE HANKINSON: Anybody need her further?
MS. KAWASS: NO.
MR. ZANGENEH: Not for Mr. Garcia, Judge.
JUDGE HANKINSON: All right. You're excused. Thank you for being here. You're free to go about your business.
Call your next witness.