Christopher Corbitt — Cross (Continued)/Redirect/Recross (Recall 1)
769 linesAudio missing at start of day.
JUDGE HANKINSON: Did Ms. Johnson provide anything?
MS. CAPPLEMAN: She was deposed.
JUDGE HANKINSON: Did she give a statement before that?
MS. CAPPLEMAN: Yes, sir. To law enforcement.
JUDGE HANKINSON: I beg your pardon?
MS. CAPPLEMAN: To law enforcement she did. Yes, sir.
JUDGE HANKINSON: So there was a law enforcement statement and a prior deposition.
JUDGE HANKINSON: Do you have a proposal of what we'd do?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: Garcia.
MR. ZANGENEH: Good morning, Your Honor. Mr. Garcia is not seeking any action.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: Your Honor, if I could have one brief moment.
MR. DECOSTE: No position.
JUDGE HANKINSON: Okay. If anybody's seeking any action on it, I guess it just happened and we'll move on.
JUDGE HANKINSON: I've reminded everybody to tell their witnesses they're under the rule of sequestration. So it has done that.
JUDGE HANKINSON: Do we have other issues we need to take up?
MS. CAPPLEMAN: Nothing from the state.
MR. ZANGENEH: Nothing from Mr. Garcia, Judge.
MR. DECOSTE: Nothing from Ms. Magbanua, Your Honor.
JUDGE HANKINSON: Let's go back to the discovery issue that I've not ruled upon relating to the traffic ticket of Mr. Garcia. I see it's State's Exhibit 122. Anybody have anything new they want to say on that? I'd like to rule, but if somebody has something further, I'll listen to you.
JUDGE HANKINSON: What sanction are you seeking, Mr. Zangeneh?
JUDGE HANKINSON: I'm going to deny the request to exclude State's Exhibit 122. We've had a Richardson inquiry. My findings:
JUDGE HANKINSON: The first finding is whether it was willful or inadvertent.
JUDGE HANKINSON: I don't find there was a willful violation.
JUDGE HANKINSON: Probably it's sloppy work, but I don't find that there was a willful intent to hide evidence as asserted by the defense.
JUDGE HANKINSON: That is supported — the piece of evidence is listed on the evidence list that the state provided before trial, which said "Garcia speeding ticket."
JUDGE HANKINSON: Obviously not trying to hide it. It cannot be established at this point in time exactly when the document was actually provided to the defense, except the defense assertions that they had not actually seen the document until they received the information provided from Sergeant Corbitt, but the document that would have contained that information was provided to the defense September 16th.
JUDGE HANKINSON: The state received it on September 10th. Six days — maybe a little longer than it should be, but not an unreasonable amount of time.
JUDGE HANKINSON: The court invited everybody to look at the evidence back at the beginning of the trial.
JUDGE HANKINSON: I accept the prosecutor's assertions that this ticket was included in those matters. I do not find a willful violation. Was it substantial or trivial?
JUDGE HANKINSON: There's some spectrum in between substantial or trivial. I don't find it substantial. I don't find it trivial. Somewhere in between. It is an item of evidence that I'm sure the state would make some argument from, so I certainly can't say it's trivial. At the same time, whether somebody got a speeding ticket — I can't say it is substantial. And the final issue is whether it had a prejudicial effect on patient.
JUDGE HANKINSON: I accept defense counsel's assertions that they thoroughly investigated this case. I understand that and appreciate that. But as with the other ticket, ultimately what you have is a really unlikely that five years after the fact, anything — it is highly unlikely — highly unlikely there's any other collateral information available.
JUDGE HANKINSON: So ultimately, what you have is a piece of paper that shows itself and the way in which it was a discovery violation. Those are my findings, particularly as to Mr. Garcia.
JUDGE HANKINSON: Start with the jury at nine o'clock.
MR. DECOSTE: Good morning. Five more minutes worth of questions for you.
MR. DECOSTE: Do you remember yesterday afternoon we had the easels and we were using them as towers?
CHRISTOPHER CORBITT: Correct. Yes.
MR. DECOSTE: We talked about if a tower goes down, but we didn't talk about traffic on a tower.
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: All right. So we had Tower A and we had Tower B.
MR. DECOSTE: And how, if Tower A were to go down, that doesn't mean that there would be no cell phone reception — that the range of Tower B could pick up somebody who's in the vicinity of that tower, right?
CHRISTOPHER CORBITT: Right. Yes.
MR. DECOSTE: Now, more specifically on that, it doesn't have to be that the whole tower goes down. One of the tower sectors could go down, right?
CHRISTOPHER CORBITT: That is possible.
MR. DECOSTE: So most of the towers that we're dealing with on this case, they have three sectors, right? Most of the Miami towers?
CHRISTOPHER CORBITT: Most of them do, yes.
MR. DECOSTE: So if one of those three sectors goes down, a caller could be either routed or kicked — is that the word?
CHRISTOPHER CORBITT: Whatever.
CHRISTOPHER CORBITT: However, yes.
MR. DECOSTE: What's your word?
CHRISTOPHER CORBITT: I guess "kicked" would be fine.
MR. DECOSTE: All right, so it gets kicked to another sector.
MR. DECOSTE: So they could actually be on the south side of the tower, but they're showing up using the north side sector.
CHRISTOPHER CORBITT: No, I don't. In that situation, the sectors are directional. As we talked about, they're oriented in a very specific direction, and if you're very, very close to the tower, then there's a chance that you could communicate with a sector that's facing the opposite direction. As you move away from the tower, that energy is radiating out in the opposite direction that you are, so your handset's not going to reach around and talk to it. But what you have is, within a mile or a mile and a half, there's probably four in that — the density of cell sites in South Florida is very high. There's going to be another cell site over here, or back here, or back there, that is going to have a sector oriented where you are, and that is the sector your handset would communicate with.
MR. DECOSTE: Now, when you're talking about "back there" — obviously we scaled things down in here, Tower A was a few feet away from Tower B — but when you're saying "over there," we scale that up. That's miles away, right?
CHRISTOPHER CORBITT: Well, again, as I said, generally our cell site density is about a mile and a half, maybe a little more in some places. So you're probably not going to go more than a mile and a half without encountering another cell site.
MR. DECOSTE: But we're talking in terms of miles.
CHRISTOPHER CORBITT: We are. Yes.
MR. DECOSTE: Let's talk about traffic now.
MR. DECOSTE: So each individual sector has a maximum amount of traffic that it can handle, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: So I'll give you a hypothetical.
MR. DECOSTE: Tower A goes down, right?
MR. DECOSTE: So then all that traffic that was —
CHRISTOPHER CORBITT: Possible, yes. Yes.
MR. DECOSTE: If all of that traffic from Tower A on top of the normal traffic that would be on one of those sectors on Tower B — it could overload that sector, right?
MR. DECOSTE: Let me rephrase that, because that makes it seem like it will go down. It could be more traffic than that sector could handle, right?
CHRISTOPHER CORBITT: It could be, yes.
MR. DECOSTE: Which would then cause callers to kick to a third tower, Tower C, right?
CHRISTOPHER CORBITT: It is possible, yes.
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: And again, we don't have any document showing the traffic limits of any of the towers in Miami, right?
MR. DECOSTE: And we don't have any of the records showing what, if any, sectors or towers were down on the handful of dates that we have for the handful of towers, right?
CHRISTOPHER CORBITT: That's correct.
CHRISTOPHER CORBITT: I can, yes.
MR. DECOSTE: Could you explain to the jury again what this slide represents?
CHRISTOPHER CORBITT: We were looking at a series of events — phone calls or text messages between the involved parties — on the morning of July 19th.
MR. DECOSTE: So the reason we have a smaller slide tonight — yeah, if you want to transfer off of that.
MR. DECOSTE: This particular slide is dealing with, like, 10:04 through 10:23 a.m.
CHRISTOPHER CORBITT: That's correct.
CHRISTOPHER CORBITT: That's correct, yes.
MR. DECOSTE: The — The cell sites he's communicating with are plotted in blue?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: So that's just a situation where he's hitting different towers, right?
CHRISTOPHER CORBITT: That's correct.
CHRISTOPHER CORBITT: The cell sites he's communicating with does not mean he is standing at the base of that tower, obviously. The tower has a coverage area, and he is somewhere within the coverage area of that cell site.
CHRISTOPHER CORBITT: As I mentioned before, crossing the water, there's no obstructions, and that signal is much more likely to travel further than it would if he were in town. So that could be consistent with him crossing a bridge or crossing that waterway, and his handset would be able to see a cell site that was located further south. It could also be consistent — Yes.
MR. DECOSTE: This is your next slide, right?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Now, again, that's not Rivera's residence. That's a residence of Jessica Rodriguez, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Rivera's residence is over on Miami Beach.
CHRISTOPHER CORBITT: His listed address, yes.
MR. DECOSTE: Now, what you have here, you have the things that you had for her were between the timeframes of 10:06 and 10:23.
CHRISTOPHER CORBITT: On the previous slide, yes.
MR. DECOSTE: All right. And during that time —
CHRISTOPHER CORBITT: From who? Who? I'm sorry.
CHRISTOPHER CORBITT: That's correct.
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: Are you putting on one map, right?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: What I'm seeing here is that Luis Rivera is in the vicinity of Jessica Rodriguez's house, but correct me if I'm wrong — he's hitting the south side?
CHRISTOPHER CORBITT: No, sir.
CHRISTOPHER CORBITT: I'm sorry. Are you saying the sectors he's communicating with are inconsistent with his house?
MR. DECOSTE: No. I'm just asking which sector he's on.
CHRISTOPHER CORBITT: He is on a sector for the 10:37 event. He's on a sector that's oriented about — I'll have to pull up a different map to tell you the exact sectors. Again, here I'm just representing the actual cell sites that he's communicating with and their proximity to the residence he was staying at.
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Communication?
CHRISTOPHER CORBITT: The last communication that Katherine Magbanua's handset has with one of the towers is at 10:31, which is well before Luis Rivera is even in the area — or his handset is even in the area. Well, he has events at 10:23, which would be more consistent with the island and being near his residence. His next event, I believe we have there, would be 10:35. So somewhere in that timeframe he begins to communicate with cell sites closer to where he was staying.
MR. DECOSTE: Now, because there was no use of Katherine Magbanua's handset, you can't say that she's still even within that area.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Just because there isn't any stuff on her phone.
CHRISTOPHER CORBITT: I believe it's 40-some minutes. It's 11:23 is the next event.
MR. DECOSTE: And that's something that's standard with cell phones — they're just not being used.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Right now I'm cross-examining you and my phone isn't being used, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: All right. Now It's the major highway there. 95 North, right?
CHRISTOPHER CORBITT: No, that's not 95.
MR. DECOSTE: Which one is that?
CHRISTOPHER CORBITT: But that's US 1, that turns into 95, I'm telling you. I don't know, I'm not familiar. That's, I believe, what they call Biscayne Boulevard, maybe.
CHRISTOPHER CORBITT: It appears to be, yes.
MR. DECOSTE: All right. Now, it appears to be because it's on maps — you know, the wider roads are usually indicative of multi-lanes.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Those are like highways, correct? Now, in a major city like Miami, would highways have traffic?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: What we have here in a nutshell is — and correct me if I'm wrong, I just want to make sure that we have it here — we can say that on the morning of July 19th, Luis Rivera was in and around Miami and Miami Beach.
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: And Katherine Magbanua was in and around Miami.
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Could be consistent with something going on in Jessica Rodriguez's house?
CHRISTOPHER CORBITT: Could be.
MR. DECOSTE: Could be consistent with Katherine Magbanua driving north, driving south, driving around doing errands, right?
CHRISTOPHER CORBITT: Could be. Could be a —
MR. DECOSTE: — minute. So I'll speed it up.
MR. DECOSTE: You asked questions about Cellebrite extractions.
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: You reviewed — you received from Apple Charlie Adelson's iCloud information.
CHRISTOPHER CORBITT: The Tallahassee Police Department did. Yes.
MR. DECOSTE: You get that raw data. You run it through the Cellebrite Reader program, right?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: And it allows you to be able to take a look at the information that's contained in there.
CHRISTOPHER CORBITT: It does.
MR. DECOSTE: Correct me if I'm wrong, you have over 300,000 iMessages for Charlie Adelson?
CHRISTOPHER CORBITT: That sounds correct.
MR. DECOSTE: And this covers as early as 2012 all the way up to 2016, correct?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Sir, those are screenshots of the Cellebrite Reader with specific iMessages for Charlie Adelson's iCloud data, that's correct?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Now, you know that because you reviewed — you know the Cellebrite Reader and you reviewed his data.
CHRISTOPHER CORBITT: I reviewed most of his data, yes.
MR. DECOSTE: Defense 12 is a fair and accurate depiction of what one would see in the Cellebrite Reader program, right?
CHRISTOPHER CORBITT: It is, yes.
MR. DECOSTE: You were asked a question by Ms. Norris yesterday: in your review, there wasn't any evidence whatsoever of communications in between Sigfredo Garcia and Charlie Adelson.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: That ties into this. We talked about how there can be other types of electronic communications that you may not see, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: One could make a phone call through WhatsApp. They could make a phone call through Facebook. They could message through WhatsApp. They could make a call from a phone that isn't on your radar during the investigation.
CHRISTOPHER CORBITT: That's correct.
CHRISTOPHER CORBITT: This is one way to look at some of the data, not as efficient, but we have basically the timeline. And so the software will collect all of the events in the phone and assemble them into a timeline. So if a picture is taken at nine o'clock and there's a phone call at 9:02 and a text message at 9:05, we can see those things as they occur chronologically.
CHRISTOPHER CORBITT: Well, as opposed to just looking at all the pictures, or looking at all the text messages, or all the phone calls individually, we can see these in this timeline view.
MR. DECOSTE: So you have an indication of the from phone number, which would be Ms. Magbanua's number. Okay.
CHRISTOPHER CORBITT: Those are events in the timeline. So those could be calendar entries, again, call logs, text messages, pictures — all those things that populate in the timeline.
MR. DECOSTE: So that's how many events, of pretty much all categories?
CHRISTOPHER CORBITT: It is, yes.
MR. DECOSTE: Correct. Tuto is the nickname for Mr. Garcia. What is the message? "Did Tuto call your phone?" And that's right here, right?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: Almost immediate response.
MR. DECOSTE: No, actually he did.
CHRISTOPHER CORBITT: It's a little hard for me to read. Something to the effect of, "I don't want to burn your eyes, thank you. He invited me to go deep sea fishing. He was so nice."
MR. DECOSTE: I—
CHRISTOPHER CORBITT: I do, yes.
MR. DECOSTE: You're in no position to determine what is sarcasm, what is the context of a text message between other people, are you?
CHRISTOPHER CORBITT: Well, in all of the — probably now hundreds of thousands to millions of communications, actual communications, that I've looked at — I can tell you that I've done it a lot, if that helps draw context.
MR. DECOSTE: Or you're in no different position than anybody else, correct? In your experience.
MR. DECOSTE: That would indicate that she thinks his response was joking? "No, I'm serious. Did he call you?" And what's her whole message? "He's fucking driving me crazy." Is your cell phone listed online?
CHRISTOPHER CORBITT: That's correct.
CHRISTOPHER CORBITT: I — I don't think my cell is listed online.
MR. DECOSTE: The second trip, when the murder happened, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Now, this would be a—
CHRISTOPHER CORBITT: That's correct, yes.
MR. DECOSTE: And Charlie Adelson were communicating through other phones, through other apps, or through other electronic communications — can you rule that out?
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: I cannot.
MR. DECOSTE: One brief moment, Your Honor.
JUDGE HANKINSON: We going to have to get you a new watch, Mr. DeCoste. Five minutes?
MR. DECOSTE: The X's mean that they've been deleted?
CHRISTOPHER CORBITT: Well, the ones that you have there are, yes.
MR. DECOSTE: Deleted on Charlie Adelson's side, right?
CHRISTOPHER CORBITT: That's correct, yes.
MR. DECOSTE: After the homicide?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Luis Rivera — you testified that you learned that Sigfredo Garcia stopped using his phone after the homicide?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Same with Luis Rivera eventually?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Not Katherine Magbanua?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Thank you, Your Honor. Nothing further.
MS. NORRIS: To dovetail into the last question you were asked. Were most of the messages that Charlie Adelson had with Katherine Magbanua deleted in his phone?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Not just that one particular conversation that defense counsel showed?
CHRISTOPHER CORBITT: Correct.
MS. NORRIS: I want to go back to yesterday briefly, when we were discussing the Comfort rental car. This is the June trip — the vehicle that Sigfredo Garcia rented from Comfort.
MS. NORRIS: Can you pull up — we'll strike that. Your Honor, at this time I'd offer into evidence State's Exhibit 122, the UTC, with the certified court record documentation.
JUDGE HANKINSON: Any additional objections?
JUDGE HANKINSON: All right. My ruling would be the same. I'll admit 122. But I'll allow recross on this issue.
MS. NORRIS: Yes, sir.
MS. NORRIS: Did law enforcement have reason to believe, or have a reason or an explanation for, why it was Sigfredo Garcia rented the Nissan on June 2nd and then exchanged that vehicle for a Hyundai Sonata on June 3rd?
MR. ZANGENEH: Objection — facts not in evidence and speculation.
JUDGE HANKINSON: Sustained.
MS. NORRIS: Can you show us the traffic citation, please?
MS. NORRIS: State's Exhibit 122, that was just submitted — publish that.
MS. NORRIS: And does this slide show the details for State's Exhibit 122, the traffic citation?
CHRISTOPHER CORBITT: It does.
MS. NORRIS: To whom was that issued?
CHRISTOPHER CORBITT: To Sigfredo Garcia.
MS. NORRIS: On what date?
CHRISTOPHER CORBITT: On June 6th — or, I'm sorry, June 2nd of 2014.
MS. NORRIS: At what time?
CHRISTOPHER CORBITT: 9:48 p.m.
MS. NORRIS: And do you recall what time the Nissan was rented from Comfort, approximately?
CHRISTOPHER CORBITT: I believe 8:50 was the time frame, if I recall.
MS. NORRIS: Okay, now can you go back to the traffic citation?
MS. NORRIS: And is the vehicle indicated on the UTC the same make and model and color of vehicle, and tag of vehicle, that Mr. Garcia rented from Comfort Rental?
CHRISTOPHER CORBITT: It is, yes.
MS. NORRIS: And was it subsequent to this traffic citation that the vehicle was exchanged at Comfort for the Hyundai Sonata?
CHRISTOPHER CORBITT: It was, yes.
MS. NORRIS: All of the records you have been talking about — both the first time you testified and yesterday and today — are those real-time location information, or are they historical call detail records?
CHRISTOPHER CORBITT: They are historical call detail records.
MS. NORRIS: With historical call detail records, do we get the content of voice communications? Meaning, if I were to call you and we talked for five minutes, do those records give us the content of what we're talking about over the telephone?
CHRISTOPHER CORBITT: It does not.
MS. NORRIS: You — You were asked — I was asked — yesterday by Mr. Zangeneh about your knowledge of a federal wiretap on Mr. Rivera in 2014.
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Related to gang activity.
MS. NORRIS: Did the FBI provide you with names associated with different gang members and phone numbers associated with those individuals?
CHRISTOPHER CORBITT: They provided a number of names and phone numbers, which, to my understanding, at least some of those did come from that wiretap.
MS. NORRIS: Were you able to cross-reference those with the numbers — sorry, were you able to cross-reference those names and phone numbers with phone records of persons of interest in this particular murder investigation?
CHRISTOPHER CORBITT: Yes. They were added in, again, to our analytical software. Those names were added in, so any reports or call logs or things that were generated would show the phone number and the name. So those were provided to the investigators. It makes it easier for them, when evaluating days or looking at communications, to see a name with a number.
MS. NORRIS: And once that was done, was there any phone evidence in this case to suggest that this murder involved Latin Kings gang activity?
CHRISTOPHER CORBITT: None that I'm aware of.
MS. NORRIS: Regarding the lack of cell phone evidence that Sigfredo Garcia went on this June trip in 2014 with Luis Rivera — is there any phone evidence which proves that Sigfredo Garcia was not on the June trip in 2014?
MR. ZANGENEH: Objection, outside the scope of direct.
JUDGE HANKINSON: Overruled.
MS. NORRIS: Do you need me to ask the question again?
CHRISTOPHER CORBITT: No, I understand. Again, without having any location information, there's certainly no way to say that he wasn't on the trip.
MS. NORRIS: In your demonstrative visual aid, where you've indicated Luis Rivera's residence on these demonstrative maps, what exact address did you use?
CHRISTOPHER CORBITT: It was — I'm sorry, I don't know off the top of my head. 135th Street. I could actually get the actual numerics if you need.
MS. NORRIS: Yes.
CHRISTOPHER CORBITT: I was given 1505 Northeast 135th Street in North Miami.
MS. NORRIS: Did that work?
CHRISTOPHER CORBITT: I'm sorry — 1505 Northeast 135th Street, North Miami.
MS. NORRIS: Is there any evidence that you are aware of that Luis Rivera was staying at this Normandy address you've been asked about?
CHRISTOPHER CORBITT: Again, none that I'm aware of.
MS. NORRIS: Did you — did you look to see where it appeared Luis Rivera was putting his head every night?
CHRISTOPHER CORBITT: Yes.
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: If — If you could pull up for me — this would be the June 2nd, 2014 map demonstrative.
MS. NORRIS: And it shows — this is the one showing Katherine Magbanua's handset moving from her residence to the area of the Comfort rental car. Are there a lot of towers in this area where we're being shown?
CHRISTOPHER CORBITT: Yes. Actually, the small red dots represent the other Sprint cell sites in the area. The large red dot, obviously, is the one that her handset is communicating with.
MS. NORRIS: Can you zoom in on the Comfort rental car?
MS. NORRIS: And the red dot for the 8:53 through 8:58 — is that just a larger red dot indicating the exact tower that she's communicating with?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: And zoom in a little more for me.
MS. NORRIS: And that fat red arrow is — this, I guess, if you were to think of it as a pie with the sectors — that fat red arrow is indicating she's somewhere this direction?
CHRISTOPHER CORBITT: Yes. Yes. So the particular side of the cell site she's communicating with is this one. It's oriented in this direction. And again, we talked about — we expect, as a handset travels around a cell site, that this sector is going to cover until this one picks up, and that one. And I apologize, they're small in this particular slide.
CHRISTOPHER CORBITT: So that does put her — the coverage area of that cell site — somewhere in this direction.
MS. NORRIS: Can you zoom back out again for me? One more time. One more time.
MS. NORRIS: Can you also pull up — oh, wait.
MS. NORRIS: Can you also pull up — this is the July 17th location near Trescott Drive.
MS. NORRIS: Zoom out on that for me as well.
MS. NORRIS: One more time.
MS. NORRIS: Okay. What are all these little blue things on this map?
CHRISTOPHER CORBITT: Those would be the other AT&T cell sites.
CHRISTOPHER CORBITT: Mr. Rivera's phone was an AT&T phone, so these are the AT&T cell sites.
MS. NORRIS: So these are all the cell sites in the area shown of Tallahassee that a phone with that cell carrier could be communicating with at that particular time?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: And zoom back in on the one with the fat arrow on it.
MS. NORRIS: There's two, sorry. It's okay.
MS. NORRIS: So of all of those towers that we just saw for this particular event on July 17th for Luis Rivera's phone — of all those towers, these are the two that it's communicating with?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: And do the two large areas indicate that — would it be reasonable to expect the handset to be somewhere in that area that those big fat arrows are pointing?
CHRISTOPHER CORBITT: Yes. When we have an event that maybe toggles between two cell sites — it communicates with one, maybe possibly begins an event on one, ends on another — and when those sectors are oriented towards one another, it's reasonable to conclude that they're not beyond this cell site or beyond this cell site. They're actually somewhere in between those two cell sites.
MS. NORRIS: And the pictures that we've seen here, the maps showing numerous cell locations — And sometimes the language was used, miles and miles and miles apart.
MS. NORRIS: There may be a mile, mile and a half apart at most?
CHRISTOPHER CORBITT: Well, that density changes a lot. In here within the city, they're very close together. As you get out into the rural parts of the county, they're much further apart, as you can see here. And that is true in South Florida as well — they're a little closer together because the population density is higher. But it's a difficult question to answer, because it varies by where you're at.
MS. NORRIS: So if we're looking here in Tallahassee, we're a smaller town, you'd agree, than Miami?
MS. NORRIS: Miami would have even closer, more towers, that would be even closer to one another?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Mr. DeCoste — I have some questions about this kind of parade of horribles. One tower could be out of service and be down, and then maybe the next tower—
MR. DECOSTE: Objection. Move to strike. Counsel testifying. Parade of horribles.
JUDGE HANKINSON: Rephrase, please. Rephrase.
MS. NORRIS: You were asked about a series of events that could possibly happen.
MS. NORRIS: For example, one tower could be down, and then the neighboring tower could also be down, and so forth. And then in addition, one tower might have too much traffic, along with the towers being out of service, et cetera. Is there any indication that the locations and cell sites and sectors that you have told this jury about on each of these slides — is there any indication that any of those factors were at play in those situations?
CHRISTOPHER CORBITT: Again, there's no indication. What we're looking at is the cell site and the sector that the handset communicated with, so we know that one is functioning, because the handset actually used it. As we continue to look at events over a period of time — and while it's not conclusive — we do see that her handset communicates, over the course of the investigation, with every one of those cell sites that we saw at some point or another. Her handset communicates with them, which again would be another, at least, indicator those cell sites are there and functional.
MS. NORRIS: Because if you have a record showing it's communicating — would you have records of a handset communicating with a tower if that tower were down?
MR. DECOSTE: Objection. Speculation.
JUDGE HANKINSON: Overruled.
MS. NORRIS: Would you have a record of a handset communicating with a tower if that tower were down?
JUDGE HANKINSON: Under the hypothetical she's asked.
CHRISTOPHER CORBITT: No. If the handset communicates with a tower in a sector, we know that that's functional — at least that sector is functional for that event.
MS. NORRIS: Are you taking into — are you taking into account multiple different factors when determining that?
CHRISTOPHER CORBITT: Well, really, that determination is very simple. That's in the records, and that is taken directly from the records provided to us by the carrier. And I simply take that information and place it on the map and show the orientation of that particular sector. And then it's a simple matter of comparing other locations that may or may not be covered by that cell site.
MS. NORRIS: In your experience, how common is it for a cell site or a tower to be down or inoperable?
CHRISTOPHER CORBITT: In my experience, it's uncommon.
MS. NORRIS: Do most of these towers or cell sites have any capabilities to back themselves up, should they—
CHRISTOPHER CORBITT: Well, there's certainly backup power considerations — that if we lose power for some reason, an actual disaster, there may be generator backup for them. And again, the way the network is laid out, there is sufficient coverage should a cell site not be functional for whatever reason, that there are other cell sites your handset could communicate with.
MS. NORRIS: If you have told us that a particular — throughout your presentation, if you have told us that a particular location is within a coverage area of a cell site, how confident are you that that location is within the coverage area of the cell site that you specified?
MR. DECOSTE: Objection. Improper question. Bolstering.
JUDGE HANKINSON: It's also fairly convoluted. I'll sustain the objection. I'm real sure what the question asks for.
MS. NORRIS: For the locations you've indicated, what cell site is being communicated with? Are you confident in those locations?
MR. DECOSTE: Objection, improper bolstering.
JUDGE HANKINSON: Sustained.
MS. NORRIS: How do you know that the sectors you've indicated are accurate?
CHRISTOPHER CORBITT: Well, again, they're taken from the carrier records.
MS. NORRIS: The evening of July 14th — and to remind you from yesterday, this was the dinner with Charlie Adelson between, or with, Katherine Magbanua.
MS. NORRIS: There was some suggestion about Luis Rivera's driver's license location, Normandy Avenue, being near where Charlie Adelson's phone was. Do you recall that?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Based on all of the evidence that you have in this case, is it more consistent with being at Katherine Magbanua's residence than the Normandy address?
MR. DECOSTE: Objection. Improper question, speculation, and goes to the ultimate issue of the case.
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: As those locations are so close together, I would not be able to rule out one over the other.
MS. NORRIS: Is there any indication that Luis Rivera's handset is at that Normandy address at that location in time?
CHRISTOPHER CORBITT: I do not recall.
MS. NORRIS: He was actually in that area at some point in the evening?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Prior to the later event.
CHRISTOPHER CORBITT: I don't recall the exact time, but he again was in that area.
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: That evening of the July 14th — how many weeks was that after?
JUDGE HANKINSON: You're looking down and talking, Ms. Norris. I can't understand you.
MS. NORRIS: Sorry, Judge.
MS. NORRIS: That July 14th evening, how many weeks was that after the June trip?
CHRISTOPHER CORBITT: Oh, geez, six or seven weeks.
MS. NORRIS: The June trip was June 4th, 5th, so this is 14 days into July now.
MS. NORRIS: One thing I want to make sure of on defense exhibits eight, sorry.
MS. NORRIS: I have them out of order — seven, eight, nine, and ten. All of the times on these are correct, right?
CHRISTOPHER CORBITT: Well — So The original question asked of me was, when first evaluating these, do they accurately represent the records — and they do, absolutely. As far as the times, they are correct in the records. But we understand that sometimes the times may not be correct to our location. So for Sprint records, we know that their text messages are delivered to us in central time, so we make an adjustment as we look at the records to make sure that we're looking at them from our perspective. The AT&T records are provided in coordinated universal time, so we have to do an adjustment for that. The records are correct, the times are accurate — we just need to know the time zone for them.
MS. NORRIS: What time zone are these records, in the defense exhibits?
CHRISTOPHER CORBITT: These are the records from Ms. Magbanua and Sprint. So again, the voice phone calls are in the time that her handset was, which would have been eastern time, and the text messages are in central time.
MS. NORRIS: So any text messages would need to be adjusted in what way?
CHRISTOPHER CORBITT: They would need to have an hour added to them.
MS. NORRIS: I want to show you what's in evidence as defense exhibit seven.
MS. NORRIS: Starting with the first page. You see, for example, these two purple — I know you can't read the numbers — the two purple events here on June 4th. One is at 17:21:12, the other is at 17:21:13.
MS. NORRIS: And for called number, there are some codes here, like 812.
MS. NORRIS: What does that mean?
CHRISTOPHER CORBITT: Well, as we see the notation there of routed calls, most of the incoming calls that we see to Ms. Magbanua's handset are routed somewhere within the network somehow.
CHRISTOPHER CORBITT: So we're just seeing an indication again of routing, and there are a few reasons for that. The call did complete in that particular case — there's no indication that it went to voicemail, but there is some inter-network routing of that call.
MS. NORRIS: So is that two separate calls?
CHRISTOPHER CORBITT: No, it is one call.
MS. NORRIS: Although it appears — for example...
CHRISTOPHER CORBITT: No, those again, same event, and in this case there is indication that it was routed to voicemail for this particular call.
MS. NORRIS: Separate events?
CHRISTOPHER CORBITT: They're most likely not — in this case they're not three separate events. They are again one event showing some routing and a redirection to voicemail. In any of the summaries that I put together for this, the best way to know — we're looking at the incoming events here in her phone, and we're seeing some routing, and it could be one call, it could be two calls. The easiest thing for me to do is go back to the other person's phone records and see how many outgoing events there are. So in any of those demonstratives, I made sure to look at — if we had them — the other person's phone records, to see how many times they actually dialed her number, and that helped me reduce any of those extra events in the records.
MS. NORRIS: So would you agree with me that you may make it appear to a lay person, but to someone with your training and experience, you know that they're only single events?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: Do you recall being asked a series of questions about — you put up the map of the June trip. Remember
CHRISTOPHER CORBITT: that? Yes.
MS. NORRIS: And you were asked how many phone calls for Garcia?
CHRISTOPHER CORBITT: I believe so, yes.
MS. NORRIS: And — And defense counsel had narrowed that time frame for which they wanted to know how many calls there were between.
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: Was that during the middle of the night?
CHRISTOPHER CORBITT: It did, yes.
MS. NORRIS: Not limited to that — you did have one call.
CHRISTOPHER CORBITT: We did, yes.
CHRISTOPHER CORBITT: I believe that was — and I apologize for not having the exact times up — but I think we had a 9:55 call.
MS. NORRIS: Yes.
MS. NORRIS: Katherine Magbanua's handset?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: In the morning hours.
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: The June trip — and don't just look at the drive during the middle of the night, but look at the entire June trip as a whole.
MS. NORRIS: Is there substantial communication between Katherine Magbanua and Sigfredo Garcia?
CHRISTOPHER CORBITT: There are.
MS. NORRIS: On the 5th of June 2014, how many communications are there between these two handsets?
CHRISTOPHER CORBITT: I'm sorry, counting from across the room, I'd say about 14 — 13 or 14.
MS. NORRIS: Would you describe that as constant communication?
CHRISTOPHER CORBITT: I would say at least regular communication.
MS. NORRIS: It does appear to be 14.
MS. NORRIS: And then on the 6th?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Mr. DeCoste asked you if there was any call to 12 PM.
CHRISTOPHER CORBITT: I believe so, yes.
MS. NORRIS: Is there Sigfredo —
CHRISTOPHER CORBITT: Yes, there are calls between their handsets on the 17th.
MS. NORRIS: Here by the green highlights?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: And who is calling who in that record?
CHRISTOPHER CORBITT: For all of those events we show — again, this is Ms. Magbanua's records, so outbound from her records means that she is doing the calling, and so those are outbound calls from her to Mr. Garcia's number.
MS. NORRIS: And what are the times of those two calls?
CHRISTOPHER CORBITT: The first two are at 1:51 and 1:52.
MS. NORRIS: P.M.?
CHRISTOPHER CORBITT: P.M., yes, sorry.
MS. NORRIS: Publishing State's Exhibit 182, which is in evidence.
MS. NORRIS: This exhibit showed the communications between Katherine Magbanua and Sigfredo Garcia on the July trip.
CHRISTOPHER CORBITT: It does, yes.
MS. NORRIS: And do we see those two calls from Ms. Magbanua's handset to Mr. Garcia's handset at 1:51 and 1:52 on the day before the murder?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: How many other communications are there between Ms. Magbanua and Mr. Garcia's handsets on the—
CHRISTOPHER CORBITT: On the 17th?
MS. NORRIS: Yes, sir.
CHRISTOPHER CORBITT: Again, I'm sorry, trying to read across the room. I want to say 10.
MS. NORRIS: In addition to the 1:51 and 1:52 calls?
CHRISTOPHER CORBITT: Well, no, that would include those.
CHRISTOPHER CORBITT: I think I see 11 not including them, so we'll say 9 additional.
MS. NORRIS: And are these the calls from Saturday morning, July 19th?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: Do these records indicate that Mr. Rivera called Katherine Magbanua or the other way around?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: But they clearly communicated. Would you agree with that?
CHRISTOPHER CORBITT: They did, yes.
MS. NORRIS: Prior to that phone call, Mr. Rivera and—
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Objection, improper question.
JUDGE HANKINSON: Overruled.
MS. NORRIS: I also want to show you now State's Exhibit 97.
MS. NORRIS: I'm sorry, it can't all fit on there.
MS. NORRIS: Are these the communications between the relevant parties, Saturday morning, July 19th?
MR. DECOSTE: Objection as to relevant parties.
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: For this particular summary, it's actually all the communications for that morning.
MS. NORRIS: You were asked questions yesterday about Luis Rivera's testimony. Do you recall that?
CHRISTOPHER CORBITT: I do, yes.
MS. NORRIS: Would these records be indicative of Katherine attempting desperately to get in contact with Mr. Garcia's handset?
CHRISTOPHER CORBITT: Yes, it would.
MS. NORRIS: At the time of these beginning calls, 9:44 through approximately just 10 o'clock, that's when she's traveling south in direction of Charles Adelson's house?
MR. DECOSTE: Objection, speculation.
JUDGE HANKINSON: Sustained.
MS. NORRIS: During that time period, ...her communications record show her traveling south?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: And the direction she was traveling south, was Charles Adelson's residence north of that?
CHRISTOPHER CORBITT: It was, yes.
MS. NORRIS: Rivera, Sigfredo — strike that, not Sigfredo Garcia.
MS. NORRIS: But aren't Luis Rivera and Katherine Magbanua's handsets consistent with being near the area of Luis Rivera's house?
CHRISTOPHER CORBITT: After that time frame, the 10:31 event, yes.
MS. NORRIS: And that's the same night Luis Rivera and Mr. Garcia's handset's returned from Tallahassee to Miami.
CHRISTOPHER CORBITT: Well, this would be the morning after that. Yes.
MS. NORRIS: Once you have them all in the same area, Mr. Rivera and Ms. Magbanua. And we don't know where Mr. Garcia's handset is. That 50-minute period, or 40-some-odd-minute period, you were asked about — during that time is there any communications between Garcia and Magbanua?
MS. NORRIS: Can you pull up Saturday, July 19th? This slide is showing Magbanua wanting to show the location information for that 9:44 a.m. beginning series of calls.
MS. NORRIS: Can I have you plug in an address for me?
CHRISTOPHER CORBITT: I can try, yes. Not in the way I am right now, but we can probably get to that if you want to.
CHRISTOPHER CORBITT: Can you mute me for just one second?
CHRISTOPHER CORBITT: Sorry.
CHRISTOPHER CORBITT: And I'm sorry, what would be the address?
MS. NORRIS: I want you to look up 10735 Northeast 9th Avenue.
CHRISTOPHER CORBITT: Is that Biscayne Park?
MS. NORRIS: Okay. Sorry. Okay. Where is that address in relation to Katherine Magbanua's events beginning at 9:44 a.m. on July 19th?
CHRISTOPHER CORBITT: Are you ready for me?
MS. NORRIS: Yes.
CHRISTOPHER CORBITT: Yes. And I apologize — from this particular map, I can't make a note on there right now. But this is the Northeast 9th Avenue, and the address that I was asked about, that particular numeric, would appear to be near this intersection here.
CHRISTOPHER CORBITT: So as we come out a little bit, I'll leave my arrow on where that address is. We can see it's not that terribly far from where her handset's communicating for those events.
CHRISTOPHER CORBITT: It still should be where the mouse pointer is.
MS. NORRIS: Okay. Sorry. So right there is that address I just gave you — 10735 Northeast 9th Avenue.
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: You were asked yesterday about, hypothetically, if Ms. Magbanua could be coming from Yindra's — Yindra Mascaro's — house. Is that right?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: You didn't know what her address is, did you?
CHRISTOPHER CORBITT: I didn't tie the name to the address. As I looked at it on the map, I realized I was familiar with it.
MS. NORRIS: Okay. So you are familiar with Ms. Yindra Mascaro's address?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Okay. And is that where your little pointer is right there?
CHRISTOPHER CORBITT: Correct.
MS. NORRIS: So is Katherine Magbanua's handset's path of travel consistent with her leaving Yindra Mascaro's house?
CHRISTOPHER CORBITT: It would not be.
MS. NORRIS: Yesterday you were asked some questions, for example, by defense counsel about the Comfort rental car location back in June, when Magbanua's handset travels from her residence to the Comfort rental location back to her residence.
MS. NORRIS: You were asked whether that could be indicative of her dropping someone off at the airport. Do you recall that?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: Do you also recall being asked some questions about the July 19th time period from 10 to 10:30 a.m.? And Mr. DeCoste pointed out some houses and said she could have been at this house, she could have been at this house, et cetera?
CHRISTOPHER CORBITT: Correct.
MS. NORRIS: Is it also, going back to the Comfort rental location, consistent with Ms. Magbanua's handset going to Comfort to rent a car and then returning to her residence?
CHRISTOPHER CORBITT: It is also consistent with that, yes.
MS. NORRIS: Same thing for the many different houses. Is it consistent — you know, could she have been in any of these other houses? Is it also possible it could be consistent with her being at Mr. Rivera's residence for a money drop on Saturday morning?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Another question you were asked dealt with each particular set of data that we went through from June through July, and you were asked, you know, you have no information that that ties her to a murder. Do you recall that question?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: When you're doing your cell phone analysis in a case like this, are you looking at each particular event in isolation?
CHRISTOPHER CORBITT: No, certainly not.
MS. NORRIS: Are you looking at all of the events combined to determine, you know, what type of activity's going on?
CHRISTOPHER CORBITT: Yes. We try to look at as much as we have to either add context or meaning, or to give us some indication of what may be occurring. And obviously in this case it was a voluminous amount of information, but we tried to look at as much as we could.
MS. NORRIS: For Saturday, July 19th, that morning — are there any phone records for Luis Rivera that could be consistent with the barbershop that's right next to his house that he goes to?
CHRISTOPHER CORBITT: Yes. This is the one from July 19th showing Luis Rivera's handset.
MS. NORRIS: Yes, sir, that one. Thank you.
CHRISTOPHER CORBITT: Here we have several locations.
CHRISTOPHER CORBITT: Magbanua's residence in the yellow flag, then Ms. Carmona-Garcia's residence, another yellow flag, and Mr. Rivera's residence.
MS. NORRIS: Do the phone records support — or would the phone records be consistent with — Rivera's handset traveling from the area of his residence, including that potential barbershop, to Stephanie Carmona's house, and then returning to the Rivera residence?
CHRISTOPHER CORBITT: They would be consistent with that, yes.
MS. NORRIS: And is it true that once Rivera's handset returns to the area of his residence, there's no further attempts to reach Sigfredo Garcia by any of these people?
CHRISTOPHER CORBITT: That's correct.
DEFENSE ATTORNEY: Objection, Your Honor.
JUDGE HANKINSON: Your legal objection?
MR. DECOSTE: Improper characterization — people versus handsets.
JUDGE HANKINSON: Overruled.
MS. NORRIS: You were asked some questions yesterday about Luis Rivera's old phone number. It was a 305 number. I believe it was 305-935-6615.
CHRISTOPHER CORBITT: That sounds correct. Yes.
MS. NORRIS: Did Katherine Magbanua's handset ever call a number extremely similar to that number?
CHRISTOPHER CORBITT: How close?
MS. NORRIS: Okay. Let me tell you. Did she ever call the number 305-934-6615?
CHRISTOPHER CORBITT: No, she did not.
MS. NORRIS: Did she ever call 305-935-6615?
CHRISTOPHER CORBITT: You'll have to give me a second to look for that one.
MR. DECOSTE: Objection. Sidebar, Your Honor.
JUDGE HANKINSON: You're probably about ready for a break anyway. Why don't we take 15 minutes?
MR. DECOSTE: Yes, Your Honor. Can I use the overhead to make the objection?
MR. DECOSTE: Luis Rivera testified that his phone number was 305 —
JUDGE HANKINSON: Everybody either have a seat or step out. We've got some business to conduct.
MR. DECOSTE: Luis Rivera testified that his phone number was 305-934-6615.
MR. DECOSTE: What shows up in the phone records is a phone number that is different than the phone number that actually belonged to him. The phone number that shows up in the records — and the sergeant here can tell us — is 934-6615.
JUDGE HANKINSON: Do that again.
MR. DECOSTE: The phone number that was testified about that was his is 305-934-6615, and that's the number that shows up in Katherine Magbanua's call records. What we have, we have a subpoena from Jerry Bennett to Apple. There was a response from Apple with this business record certification and we received this stack of documents from the State in discovery.
MR. DECOSTE: What your honor will see is that it's from Luis Rivera, the e-mail tato1983@ymail. And the phone number is 305-935-6615. Different phone numbers.
MR. DECOSTE: Agent Patrick Sanford also did report his review, 935-6615. The phone number communicated by Katherine Magbanua was 934-6615. And I believe the Sergeant will tell us that that's what's in the records as well, too.
MR. DECOSTE: That's why I checked into relevance because it looks like the jury that she's talking to Luis Rivera. But it's a different phone. That's all there is. Thank you.
JUDGE HANKINSON: And frankly, I don't remember exactly what Mr. Rivera testified to, but anyway, have a seat, Mr. DeCoste.
MS. NORRIS: Yes, sir. And I don't recall — I believe Ms. Cappleman, if I'm not mistaken, said, "I'm going to read a number to you and tell me if that sounds familiar." And he indicated, "Yes, that sounds like my old number." The State's argument here — and this is in response to the questions of Mr. DeCoste yesterday — is that Sgt. Corbitt can testify that there are only two times ever, because Katherine Magbanua and Luis Rivera have never communicated but for that July 19th date — there are only two times ever that Katherine Magbanua tried to call a number very similar to Mr. Rivera's. That number that she dialed was 305-934-6615. She the two times that she attempted that number, only one digit off from Mr. Rivera's previous phone number, was on June 5th, the day before the first attempted murder, and on June 17th, the day before the actual murder.
MS. NORRIS: No other time did she ever attempt to call that particular phone number. I think that is significant, because our June 5th — well, June 5th, 2014 and July 17th, 2014.
MS. NORRIS: And I think the coincidence of attempting to call a number only one digit off from Mr. Rivera's old number, then her late —
JUDGE HANKINSON: What do you think his old number is?
MS. NORRIS: I don't recall his exact testimony, but I know it was 305-93-something-6615.
JUDGE HANKINSON: They're saying we have records for a number. Do we have records for a phone number for — where — that's not...
MS. NORRIS: I think he's asking for the — you're talking about call detail records for that phone number, right?
MS. NORRIS: That would be a question for Sergeant Corbitt, Your Honor. I don't know.
MS. NORRIS: Um, I don't believe so.
CHRISTOPHER CORBITT: I don't believe so either.
MR. DECOSTE: I don't believe we do, sir. I'm looking right now.
JUDGE HANKINSON: Not a phone record. Apple doesn't keep phone records. What is it a record of?
MR. DECOSTE: User information.
JUDGE HANKINSON: You're saying that for that email address, that's the subscriber number that was given?
MR. DECOSTE: I think that's why. And I can't assume what Sherry Bennet is doing. And when they got this document signed by a judge for the search warrant, they wanted to find out from Apple anything that Apple had associated with the email address that they knew. His date of birth is in there.
MS. NORRIS: My concern about these records, I think, is similar to the Court's, as far as — I think that is user-provided information to Apple, as far as phone number contact information. Mr. Rivera testified to this number. Ms. Magbanua's handset tried to call this number on two very pivotal dates out of all the records, both of which were during both murder trips, and that's the relevance, and why I'm seeking it.
JUDGE HANKINSON: And that's the 934 number?
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: Which Mr. DeCoste agrees is the number Mr. Rivera said he was using?
MR. DECOSTE: No.
MR. DECOSTE: Your Honor, so I knew this issue when it came up, and I made specific notes, and I'm sure that if we go back in the record, what he said was his phone number was not 935. It was 934.
JUDGE HANKINSON: Right.
MS. NORRIS: The State agrees with that.
JUDGE HANKINSON: They said she tried to call the 934 number.
MR. DECOSTE: No.
JUDGE HANKINSON: No. No. Luis Rivera says his phone number was the 934 number. The records show the 934 number.
MR. DECOSTE: The number that belongs — and I think it's improper for us to assume what's entered in, user information. The records from Apple show that Luis Rivera's phone number was 935.
MS. NORRIS: That's not his phone-records information. The 934
MS. NORRIS: — number. I have three attempted calls.
JUDGE HANKINSON: What's that?
MS. NORRIS: I have three attempted calls.
JUDGE HANKINSON: You seem to be supporting the State's argument that this is relevant, Mr. DeCoste. If that was Rivera's testimony, that his number is 305-661 — is that number relevant?
MR. DECOSTE: No, Your Honor.
MR. DECOSTE: That's not his number, though.
JUDGE HANKINSON: Well, that's what you contend. You're not a witness.
JUDGE HANKINSON: He testified that it was 934-6615, according to you.
MR. DECOSTE: The records show at no point did the State Attorney's Office or the Tallahassee Police Department try to get records for that phone. They tried to get records for anything tying to the email address known for Luis Rivera, and the information that was provided back — now, it would be a gross assumption to say that this number was just entered in incorrectly. The number associated with Luis Rivera for Apple is a different —
JUDGE HANKINSON: You're not making any sense. The testimony from Mr. Rivera is that his number is 934.
JUDGE HANKINSON: We have phone calls from Ms. Magbanua to that number, so it's relevant.
MR. DECOSTE: I would hope that the Court would allow us, then, to enter in the State's evidence that shows that the phone number that he actually had was a different phone number.
JUDGE HANKINSON: Well, you contend that's what it shows. That doesn't convince me that that's accurate.
MR. DECOSTE: Your Honor, the only thing that I'd add is that for Agent Patrick Sanford, that wrote a 302 with the phone number 305, it convinced —
JUDGE HANKINSON: Well, that's not the testimony before the Court. The objection at this point is a relevance objection.
JUDGE HANKINSON: I overrule the relevance objection. Take five minutes. Ten minutes.
MS. NORRIS: Sergeant Corbitt, where we left off — if there's testimony that Luis Rivera had an old phone number of 305-934-6615, do we have any records that Katherine Magbanua's handset called 305-934-6615?
CHRISTOPHER CORBITT: We do, yes.
MS. NORRIS: And in all of the records that we have for Katherine Magbanua, how many times did she call that particular number?
CHRISTOPHER CORBITT: There were three attempts.
MS. NORRIS: And what were the dates of those attempts?
CHRISTOPHER CORBITT: The first was June 5th of 2014 at 10:59 p.m. The second would have been July 17th of 2014 at 11:40, and then again at 11:41 p.m.
MS. NORRIS: Those were both p.m.?
CHRISTOPHER CORBITT: Both July 17th, sir, yes, and both p.m.
MS. NORRIS: So a total of three attempts by Magbanua's handset to Luis Rivera's old cell?
CHRISTOPHER CORBITT: So say.
MS. NORRIS: What is the significance of the June 5th, 2014 date?
CHRISTOPHER CORBITT: That was during the June trip to Tallahassee.
MS. NORRIS: What is the significance of the July 17, 2014 date?
CHRISTOPHER CORBITT: During the July trip to Tallahassee.
MS. NORRIS: MS.
MS. NORRIS: What is the next time she — oh, strike that. Let me ask you.
MS. NORRIS: Any of those three calls that Ms. Magbanua made to the 305 number —
MR. DECOSTE: Objection. Ms. Magbanua versus handset.
MS. NORRIS: I'll clarify.
MS. NORRIS: Of those three times that Katherine Magbanua's handset attempted to call the 305 number — first on June 5th, and then again twice on July 17th — did any of those calls connect?
CHRISTOPHER CORBITT: They do not appear to. They're extremely short duration — 14 seconds, 10 seconds, and 8 seconds.
MS. NORRIS: What could that be indicative of?
MR. DECOSTE: Objection. Speculation.
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: Again — the person not answering, phone being out of service, or just changing your mind and hanging up. A number of reasons.
MS. NORRIS: After those attempts, what would be the next communication or attempted communication between Katherine Magbanua's handset and Luis Rivera's handset?
CHRISTOPHER CORBITT: The known handset — the records we've already been talking about, not the new one?
MS. NORRIS: When would the next one be?
CHRISTOPHER CORBITT: Not until July 19th of 2014, and that was the Saturday morning where the handsets appeared to congregate near Mr. Rivera's residence. That's correct.
MS. NORRIS: Am — I correct that that communication between Magbanua's handset and Luis Rivera's handset occurred after Magbanua's handset reached out to Anthony Ortiz?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: May I approach, Your Honor?
JUDGE HANKINSON: You may.
MS. NORRIS: I'm showing you what I've marked as State's 183 and shown to defense counsel this morning.
MS. NORRIS: Do you recognize this document?
CHRISTOPHER CORBITT: I do, yes.
MS. NORRIS: And what does it show?
CHRISTOPHER CORBITT: So this is also a portion of the iCloud returns for Mr. Charlie Adelson.
CHRISTOPHER CORBITT: This is the same conversation that we spoke about earlier. This is from the chats section of that report, so it's organized a little differently, but it's the same information.
MS. NORRIS: And is the content identical to the defense exhibit you previously were looking at?
CHRISTOPHER CORBITT: It is, yes.
MS. NORRIS: Would you agree it's in a little bit more digestible or readable format?
CHRISTOPHER CORBITT: It would appear to be, yes.
MS. NORRIS: Thank you. And at this time, I'd offer into evidence State's Exhibit 183.
MS. NORRIS: Permission to publish?
JUDGE HANKINSON: You may.
MS. NORRIS: Are these messages in order chronologically from top to bottom?
CHRISTOPHER CORBITT: They are, yes.
MS. NORRIS: Are you familiar with the expression about taking someone deep sea fishing?
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: And what does that mean to you?
CHRISTOPHER CORBITT: Well, I think an allusion to taking someone deep sea fishing or swimming—
MR. DECOSTE: Objection, invading the province of the jury.
MS. NORRIS: Your Honor.
MR. DECOSTE: Improper opinion.
MS. NORRIS: May I be heard?
JUDGE HANKINSON: It's speculation.
MS. NORRIS: You were asked if you believed, when I was questioning you yesterday, that there was any evidence to support communication between Charlie Adelson and Sigfredo Garcia.
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: And you made those determinations based on your own training, experience, life experience, when evaluating the evidence and the records and the iCloud in this case, didn't you?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: Did you consider this text thread or exchange between Mr. Adelson and Katherine Magbanua evidence of communication between Charlie Adelson and Katherine Magbanua?
CHRISTOPHER CORBITT: No, I actually considered it evidence of no communication.
MS. NORRIS: And why is it that you do not consider this evidence of any communication between Mr. Adelson and Mr. Garcia?
CHRISTOPHER CORBITT: Well, I believe in reading the context, or reading the messages here—
MR. DECOSTE: Objection, speculation.
JUDGE HANKINSON: Overruled.
MS. NORRIS: You may continue.
CHRISTOPHER CORBITT: The question is asked, did he call your phone, and there's a response, no. Then there's an additional response about going deep sea fishing and an exclamation how nice he was, and the response to that is, I'm serious. And to me, again, that means that she did not believe the response from Mr. Adelson was serious, and she was being serious and wanted him to understand that. So, I'm serious.
MR. DECOSTE: Objection, Your Honor, invading the province of the jury.
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: I'm serious.
CHRISTOPHER CORBITT: He's driving me crazy. And then the question is, is your cell phone listed online?
CHRISTOPHER CORBITT: And he says, I don't think my cell is listed online. So to me, this means that Mr. Garcia does not know Mr. Adelson's phone number and does not have, apparently, at least an easy way to obtain—
MR. DECOSTE: Speculation, Your Honor.
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: —to obtain that phone number. In addition to the chats being backed up in the call log, or in the iCloud, we also have the call logs, we have other records of communication that may be in there, and a search for Mr. Garcia's phone number returned nothing. There was no indication that there was in fact a phone call in this time frame. So again, I do not consider that evidence of communication.
MS. NORRIS: Based on your familiarity with this case and evidence in this case, are you aware of any means that Mr. Garcia would have to actually take Mr. Adelson deep sea fishing?
CHRISTOPHER CORBITT: None that I'm aware of.
MS. NORRIS: In your analysis of the records where there was a lack of communication between Charlie Adelson and Sigfredo Garcia, you were reviewing iCloud, phone records, WhatsApp communications, things of that nature.
CHRISTOPHER CORBITT: Correct.
MS. NORRIS: Are the records that you've reviewed consistent with Charlie Adelson — ?
CHRISTOPHER CORBITT: They are consistent with that, yes.
MS. NORRIS: Thank you, Sergeant Corbitt. I have no further questions.
JUDGE HANKINSON: All right. We'll give Garcia recross if you desire them, limited to the subject of State's Exhibit 122 and State's Exhibit 183 and Defense Exhibit 12.
JUDGE HANKINSON: Well, I'll tell you what I'm referring to: the traffic ticket, this is 122; the 183 and 12 are the iCloud records.
MR. ZANGENEH: Good morning again.
CHRISTOPHER CORBITT: Good morning.
MR. ZANGENEH: So the traffic ticket that the government showed you this morning was a traffic ticket that my client obtained in a Nissan Sentra, correct?
CHRISTOPHER CORBITT: That's correct, yes.
MR. ZANGENEH: And that was a Nissan that he rented maybe an hour or so beforehand, correct?
CHRISTOPHER CORBITT: I believe so, yes.
MR. ZANGENEH: And that shows that he was driving that car, right?
CHRISTOPHER CORBITT: It would indicate that, yes.
MR. ZANGENEH: Okay. And that's because a police officer pulled him over, took his identification, confirmed his identification, and drafted a citation, correct?
CHRISTOPHER CORBITT: Yes.
MR. ZANGENEH: You'll also agree with me that 36 hours later, Luis Rivera received the citation as well, correct?
CHRISTOPHER CORBITT: He did, yes.
MR. ZANGENEH: And he was driving another vehicle.
CHRISTOPHER CORBITT: Correct.
MR. ZANGENEH: Correct. That was rented for him, correct?
MR. ZANGENEH: Let me rephrase it. That was rented, but the evidence that we have shows that Luis Rivera was driving, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: And that evidence is the citation you received, correct?
CHRISTOPHER CORBITT: Yes.
MR. ZANGENEH: As well as the cell data that you have with regards to the phone related to Luis Rivera, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: Now, the government showed you evidence with regards to Charlie Adelson's iCloud, correct?
MR. ZANGENEH: iCloud evidence only comes from someone that has an account with Apple, correct?
CHRISTOPHER CORBITT: Yes.
MR. ZANGENEH: So if you have an iPhone or an iPad or a limited variety of communication devices, you will be able to have an iCloud account, correct?
CHRISTOPHER CORBITT: You would, yes.
MR. ZANGENEH: Did Luis Rivera have an iCloud account?
CHRISTOPHER CORBITT: Not that I'm aware of.
MR. ZANGENEH: Did Luis Rivera have an iPhone?
CHRISTOPHER CORBITT: He did.
MR. ZANGENEH: Now, to your knowledge, did Sigfredo Garcia have iCloud?
CHRISTOPHER CORBITT: To my knowledge, no.
MR. ZANGENEH: And that's because he did not have an iPhone, correct?
CHRISTOPHER CORBITT: For the handsets that I looked at, they were not iPhones.
MR. ZANGENEH: Correct. But the hand— I'm sorry, just want to make sure. So the handsets that were associated with my client, they were not iPhones, correct?
CHRISTOPHER CORBITT: The ones that I've spoken about, no, they were not.
MR. ZANGENEH: And the ones that you're speaking about are the ones that are related to this investigation, correct?
CHRISTOPHER CORBITT: Correct.
MR. ZANGENEH: Okay. You'll agree with me that there's— so, okay, so Luis Rivera has an iPhone, right?
CHRISTOPHER CORBITT: He did at one point, yes.
MR. ZANGENEH: And, well, at that point we're talking about the time frame of this investigation.
CHRISTOPHER CORBITT: Yes.
MR. ZANGENEH: And Charlie Adelson had one, correct?
CHRISTOPHER CORBITT: He did.
MR. ZANGENEH: Now let me ask you this question. Are you familiar— are you familiar with FaceTime audio calls?
CHRISTOPHER CORBITT: Yes.
MR. ZANGENEH: If there is a FaceTime audio call, is that memorialized in the iCloud?
CHRISTOPHER CORBITT: It would not be.
MR. ZANGENEH: So if Luis Rivera did a FaceTime audio call to Charlie Adelson, there'd be no record of that, correct?
CHRISTOPHER CORBITT: Let me say, I don't believe that that would be recorded. We did not see that, and I'm not sure sitting here exactly when the FaceTime audio calls came in. We're talking about 2014, and I don't know exactly when that service was started.
MR. ZANGENEH: So just so I have that clear, is there a way to capture on an iCloud FaceTime audio calls between iPhone users?
CHRISTOPHER CORBITT: You're talking about the substance of the— is that what you're asking, Mr. Zangeneh?
MR. ZANGENEH: No, just the fact that a call was made on FaceTime audio.
CHRISTOPHER CORBITT: I'm not certain if the FaceTime call would be captured as a call, as a potential call, though, because it does populate in a number of devices as a phone call, even though it was conducted over FaceTime. And if it did that, then it would be captured in the cloud.
MR. ZANGENEH: Did you see a FaceTime audio call?
MR. ZANGENEH: Well, what about FaceTime video calls? Do they show up on call detail reports?
CHRISTOPHER CORBITT: No, they do not.
MR. ZANGENEH: What about FaceTime audio calls?
CHRISTOPHER CORBITT: They do not.
MR. ZANGENEH: What about WhatsApp, in call detail records?
CHRISTOPHER CORBITT: No, they do not.
MR. ZANGENEH: What about Telegram messages?
MR. ZANGENEH: Skype?
MR. ZANGENEH: Signal?
MR. ZANGENEH: And these are all communications that could be made between iPhone users like Luis Rivera and Charlie Adelson, correct?
CHRISTOPHER CORBITT: Correct.
MR. ZANGENEH: I believe they've opened the door with regards to the iCloud, Your Honor.
JUDGE HANKINSON: All right, let's keep it to the iCloud records.
MR. ZANGENEH: Ms. Magbanua showed corresponding communication between Ms. Magbanua and Mr. Adelson with regards to my client calling Mr. Adelson, correct?
CHRISTOPHER CORBITT: Correct.
MR. ZANGENEH: Pretty short back and forth, right?
CHRISTOPHER CORBITT: It was, yes.
MR. ZANGENEH: And in essence, the content of it was whether or not my client had reached out to Charlie, correct?
CHRISTOPHER CORBITT: Correct.
MR. ZANGENEH: And you indicated, when you were speaking with the government, that there's no independent evidence with regards to the numbers associated with Sigfredo Garcia and Charlie Adelson that any communication took place, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: You agree with me that the contents of this conversation — it appeared that Ms. Magbanua was concerned that my client, Mr. Garcia, was going to reach out to Mr. Adelson, correct?
CHRISTOPHER CORBITT: It did, yes.
MR. ZANGENEH: And you'll also agree with me that it appeared that there was back and forth between Ms. Magbanua and Mr. Adelson, Mr. Charlie Adelson, as to whether or not someone could find his number on the internet, correct?
CHRISTOPHER CORBITT: Correct.
MR. ZANGENEH: And this occurred July — I'm sorry, April 25th?
CHRISTOPHER CORBITT: I believe so, yes.
MR. ZANGENEH: Of 2014, correct?
CHRISTOPHER CORBITT: Yes.
MR. ZANGENEH: When was the call that Sigfredo Garcia made to Harvey Adelson?
CHRISTOPHER CORBITT: July 1st.
MR. ZANGENEH: Do you know Harvey Adelson's phone number? Dr. Harvey Adelson?
JUDGE HANKINSON: I think we're getting beyond the scope of what I've allowed you to recross on, Mr. Zangeneh.
MR. ZANGENEH: This will be my last question, Your Honor.
JUDGE HANKINSON: All right.
MR. ZANGENEH: The call to Harvey Adelson, Dr. Harvey Adelson, occurred several months after this initial inquiry by Ms. Magbanua, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: Nothing further.
JUDGE HANKINSON: Recross on number 122, State's Exhibit 122.
MR. DECOSTE: No questions.
JUDGE HANKINSON: All right. Any redirect on Mr. Zangeneh's questions?
MS. NORRIS: No, Your Honor.
JUDGE HANKINSON: All right. Any juror have a question? That seems like a long time. Who's got a question from the jury?
JUDGE HANKINSON: All right. We'll go to sidebar.
JUDGE HANKINSON: You had testified about Charlie Adelson deleting messages that we saw in the iCloud information. Did he just delete Ms. McBana's messages or was he deleting many of the messages with us? Did he just delete Ms. McBana's messages or was he deleting many of the messages we saw with other people?
CHRISTOPHER CORBITT: If I may refer very quickly to that, I can probably give a better... And obviously there are a number of events in the iCloud — tens of thousands here — so I can filter down to just what has been deleted.
CHRISTOPHER CORBITT: See a number of... yeah.
CHRISTOPHER CORBITT: So, for example, there's communications with another phone number that's not related that has been deleted — at least one. There appear to be multiple deleted text messages with other numbers, other messages, that's not related to this.
JUDGE HANKINSON: There was discussion about a phone for Anthony Ortiz. Are you familiar with him?
CHRISTOPHER CORBITT: Yes, sir.
JUDGE HANKINSON: Did you attempt to plot his phone location for the morning of July 19, 2014?
CHRISTOPHER CORBITT: The investigators did not obtain records for that phone number, so I did not have anything to plot for that morning. His activity that we saw is from the records that we did have — of Ms. Magbanua, Mr. Rivera, Mr. Garcia.
JUDGE HANKINSON: Okay. Was there — did you do any plotting of the handset locations during the second Comfort rental on June 3rd, 2014?
JUDGE HANKINSON: During the second Comfort rental.
JUDGE HANKINSON: 2014.
CHRISTOPHER CORBITT: We did, and I apologize, I'm trying to recall. I believe that we looked at that, and I don't know that — we did not have location records for Mr. Garcia, obviously, in that time frame. I did look at Mr. Adelson's records and Ms. Magbanua's records, and I did not see events that were consistent with them going to that location, as the car was just being exchanged. It wasn't necessarily that... is in the evidence all over with that — I didn't necessarily think that there had to be two persons involved, as opposed to if someone was getting dropped off. Then, if you're just going yourself, you may not have to have someone with you. So, but no, I did not find any records for anyone else with locations consistent on that day.
JUDGE HANKINSON: What about in terms of Rivera? Did you look at his handset location for that time frame?
CHRISTOPHER CORBITT: Yes, sir. I'm sorry if I didn't include that. I did his as well, and it was not consistent.
JUDGE HANKINSON: Good question. All right. Any follow-up, Ms. Norris?
MR. DECOSTE: Five minutes' worth. No questions, Your Honor. No questions.
JUDGE HANKINSON: All right. You can step down. Sorry — go ahead. Next witness, please.