Oscar Jimenez Jr. — Direct/Cross
401 linesJUDGE HANKINSON: Call your next witness.
MS. CAPPLEMAN: State calls Oscar Jimenez.
JUDGE HANKINSON: Come on up here, please.
JUDGE HANKINSON: Have a seat, please, sir.
MS. CAPPLEMAN: What is your name, sir?
OSCAR JIMENEZ JR.: Oscar E. Jimenez, Jr.
MS. CAPPLEMAN: Will you spell that, please?
OSCAR JIMENEZ JR.: O-S-C-A-R.
OSCAR JIMENEZ JR.: Middle initial E.
OSCAR JIMENEZ JR.: J-I-M-E-N-E-Z, Junior.
MS. CAPPLEMAN: How are you employed, sir?
OSCAR JIMENEZ JR.: I'm currently retired.
MS. CAPPLEMAN: All right. How were you employed back in 2016?
OSCAR JIMENEZ JR.: In 2016, I was a special agent with the FBI.
MS. CAPPLEMAN: All right. And what were your duties as a special agent with the FBI?
OSCAR JIMENEZ JR.: At that time, I was working human trafficking cases and innocent images.
MS. CAPPLEMAN: Did you ever do any undercover work?
OSCAR JIMENEZ JR.: Yes, I did.
MS. CAPPLEMAN: I want to — I want to draw your attention to an undercover operation that occurred on April 19th, 2016.
MS. CAPPLEMAN: Were you a part of that operation?
OSCAR JIMENEZ JR.: Yes, I was.
MS. CAPPLEMAN: And what was your role in the operation?
OSCAR JIMENEZ JR.: My role was to represent a Latin King member and approach Donna Adelson.
MS. CAPPLEMAN: Donna Adelson? Where were you going to approach Donna Adelson?
OSCAR JIMENEZ JR.: This was down in Miami.
MS. CAPPLEMAN: All right. Was it out in public somewhere?
OSCAR JIMENEZ JR.: Yes, it was.
MS. CAPPLEMAN: Can you tell us the location where you approached her?
OSCAR JIMENEZ JR.: I think it was down South 5th, South Miami. Can I look at my — the South Beach, Miami, Florida area, I did.
MS. CAPPLEMAN: All right. And what was the idea? What were you supposed to do when you approached Mrs. Adelson?
OSCAR JIMENEZ JR.: Well, I was supposed to approach her and hand her a flyer. The flyer had to do with the Dan Markel murder, her death, and then we had other notes on the flyer.
MS. CAPPLEMAN: Do you recognize State's 120?
OSCAR JIMENEZ JR.: Yes. Well, it's the same type of flyer that we handed her.
MS. CAPPLEMAN: All right. Is it a fair and accurate copy of exactly what was handed, other than the writing that you're going to talk about in a moment?
OSCAR JIMENEZ JR.: As I recall it, yes.
MS. CAPPLEMAN: Okay. Judge, at this time I'd ask to introduce State's 120.
JUDGE HANKINSON: Any objection 120? Best evidence and 404, Your Honor.
JUDGE HANKINSON: Overrule. I'm sorry, Garcia? I'll admit 120.
MR. DECOSTE: I'm sorry, under 403. Objection.
JUDGE HANKINSON: Let me say this: this flyer is being put in evidence to show what the undercover officer used to hand off. What is in there is hearsay. You should not consider that as the facts.
JUDGE HANKINSON: You've heard the facts firsthand, so they're not being offered to say that that information is accurate.
JUDGE HANKINSON: Okay, go ahead, Ms. Cappleman.
MS. CAPPLEMAN: Yes, sir.
MS. CAPPLEMAN: Mr. Jimenez, you handed a piece of paper like this one — this basically just a news article about the murder of Mr. Markel — to Donna Adelson?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: And that was on April 19th, 2016?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: And you said there was some other information that was handwritten on the flyer that you handed to Ms. Adelson. Do you know what that information was?
OSCAR JIMENEZ JR.: Yes, it was a $5,000—
MR. DECOSTE: Objection.
JUDGE HANKINSON: Overruled.
MR. DECOSTE: Hearsay, best evidence.
JUDGE HANKINSON: Overruled.
JUDGE HANKINSON: Sorry, sir, you may answer.
OSCAR JIMENEZ JR.: There was a writing on there with the amount of $5,000 and a cell phone number.
MS. CAPPLEMAN: A cell phone number. All right. And was this incident with you handing this flyer to Ms. Adelson recorded?
OSCAR JIMENEZ JR.: It was.
MS. CAPPLEMAN: How was it recorded?
OSCAR JIMENEZ JR.: It was recorded — I had a body cam, or camera, on my person which recorded video and audio, and it was also recorded through the surveillance teams.
MS. CAPPLEMAN: Okay. I'm going to show you what I've marked as State's Exhibit 151, and I also have 153.
MS. CAPPLEMAN: So 151 and 153. 151.
MS. CAPPLEMAN: Have you had an opportunity to review that exhibit?
OSCAR JIMENEZ JR.: I have.
MS. CAPPLEMAN: Is that a fair and accurate copy of the recording that your body cam — your body-worn camera — captured that day?
OSCAR JIMENEZ JR.: It is.
MS. CAPPLEMAN: All right. And State's Exhibit 153 — have you also had an opportunity to review this exhibit?
OSCAR JIMENEZ JR.: I have.
MS. CAPPLEMAN: And is that a fair and accurate side-by-side video of both the body cam video that you wore and also the recording that was done by agents that were across the street?
OSCAR JIMENEZ JR.: Yes, it is accurate.
MS. CAPPLEMAN: Thank you. Judge, at this time I'd ask to move into evidence State's 151 and 153.
JUDGE HANKINSON: Any additional objections?
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: I rule it be the same. I admit 151 and 153.
MS. CAPPLEMAN: Permission to publish 151.
AUDIO RECORDING: Do you mind?
AUDIO RECORDING: Okay, okay, bye.
AUDIO RECORDING: Excuse me, Mrs. Adelson?
AUDIO RECORDING: How you doing? I just want to give you this.
AUDIO RECORDING: Who are you?
AUDIO RECORDING: You're scaring me. No, don't be scared.
AUDIO RECORDING: Listen, I just want to let you know that we know that your family has been taking care of Katie and her friends who have dealt with a problem up north that hasn't been solved.
AUDIO RECORDING: And I want to let you know that my brother, he's incarcerated.
AUDIO RECORDING: He helped your family with this problem you guys had up north.
AUDIO RECORDING: And we want to make sure that — he's going through some rough times, and we want to make sure that you take care of what he's going through, the way you're taking care of Katie and Tuta.
AUDIO RECORDING: Well, this will explain it.
AUDIO RECORDING: Thank you.
MS. CAPPLEMAN: Judge, at this time I'd ask to publish State's 153.
AUDIO RECORDING: This is Adelson.
AUDIO RECORDING: How are you doing? I just want to give you this.
AUDIO RECORDING: Who are you?
AUDIO RECORDING: You're scaring me. No, don't be scared.
AUDIO RECORDING: Listen, I just want to let you know that we know that your family has been taking care of Katie and her friend for quite some time.
AUDIO RECORDING: After your problem up north has been solved, we know that — my brother, he's incarcerated.
AUDIO RECORDING: He helped your family with this problem you guys had up north, and we want to make sure that — he's going through some rough times, and we want to make sure that you take care of what he's going through the way you're taking care of Katie and Tuta.
AUDIO RECORDING: Well, this will explain it.
AUDIO RECORDING: Thank you.
MS. CAPPLEMAN: Have you heard this type of operation referred to as a bump?
OSCAR JIMENEZ JR.: Correct, yes.
MS. CAPPLEMAN: What is a bump designed to do? What's the purpose?
OSCAR JIMENEZ JR.: Well, the purpose of a bump is to approach the target or the individual and try to start a conversation, or listen to some type of information, or give some type of information.
MS. CAPPLEMAN: Okay. And is the bump — or was this bump — done in connection with a wire, a wiretap?
OSCAR JIMENEZ JR.: Yes, it was.
MS. CAPPLEMAN: Okay. So the idea is to generate conversation that can be recorded — listened to and recorded — by law enforcement?
OSCAR JIMENEZ JR.: Correct.
MS. CAPPLEMAN: All right. And the bump that you participated in — I think you mentioned that there was a phone number on the piece of paper that you handed to Ms. Adelson?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: And what was that phone number?
OSCAR JIMENEZ JR.: I'm looking at my 302, referring to—
MS. CAPPLEMAN: Let me stop you. Is a 302 just your report?
OSCAR JIMENEZ JR.: Yes, it is. In the FBI, it's our reports — 302s. So, yeah, the number is 305-712-6570, which was my covert cell phone.
MS. CAPPLEMAN: Okay, one more time for us, if you would, please.
JUDGE HANKINSON: Excuse me, sir. Do that one more time, please, sir.
OSCAR JIMENEZ JR.: Oh, this phone number?
OSCAR JIMENEZ JR.: Right. 305-712-6570.
MS. CAPPLEMAN: All right. So that number was written on the paper along with the amount, $5,000.
OSCAR JIMENEZ JR.: Correct.
MS. CAPPLEMAN: And the idea was that you were posing as someone who was trying to extort this money from Ms. Adelson?
OSCAR JIMENEZ JR.: Correct.
MS. CAPPLEMAN: On behalf of, I guess, Mr. Rivera or his people?
OSCAR JIMENEZ JR.: Correct.
MS. CAPPLEMAN: Okay. And did you engage in any other — we're going to listen to some phone calls that were a result of the initial bump, but I want to kind of fast-forward a little bit and ask you about other bumps that you were involved in.
MS. CAPPLEMAN: Were you involved in another bump, or a follow-up bump to this one, on April 23rd of 2016?
OSCAR JIMENEZ JR.: Not to my knowledge, no.
MS. CAPPLEMAN: Okay. So you're not familiar with the letter that was sent to the Adelson Institute on that date?
OSCAR JIMENEZ JR.: No, I was not aware of that letter.
MS. CAPPLEMAN: Let me ask you about a call to the Adelson office — Adelson Institute — on April 28, 2016.
MS. CAPPLEMAN: Were you involved in that?
OSCAR JIMENEZ JR.: I was.
MS. CAPPLEMAN: Okay. And how were you involved in that operation, or that bump?
OSCAR JIMENEZ JR.: Well, I was calling the Institute looking to see if I could talk to Donna Adelson.
MS. CAPPLEMAN: Okay. And was that call recorded?
OSCAR JIMENEZ JR.: Yes, it was.
MS. CAPPLEMAN: All right. Have you had an opportunity to review that call?
OSCAR JIMENEZ JR.: I have.
MS. CAPPLEMAN: Is this a fair and accurate recording of the call you made to the Adelson Institute?
OSCAR JIMENEZ JR.: It is.
MS. CAPPLEMAN: Judge, at this time I'd ask to introduce State's 152.
JUDGE HANKINSON: Any additional objections?
MR. DECOSTE: Hearsay is the only additional exception, Your Honor.
JUDGE HANKINSON: Okay. I'll overrule the objection and admit State's 152.
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
AUDIO RECORDING: Good morning, thank you for calling Dr. Adelson's office. This is— I guess I'll give him a call, Phil.
AUDIO RECORDING: Yes, good morning.
AUDIO RECORDING: May I speak to Donna, Mrs. Donna Adelson?
AUDIO RECORDING: May I let her know who's calling?
AUDIO RECORDING: Sammy.
AUDIO RECORDING: Sammy from?
AUDIO RECORDING: Oh, I met her last week and I gave her some paperwork.
AUDIO RECORDING: You met her last week and you gave her some paperwork regarding?
AUDIO RECORDING: Oh, she knows what it's about. It's important paperwork.
AUDIO RECORDING: Your name is Sammy?
AUDIO RECORDING: Do you have another phone number you can be reached?
AUDIO RECORDING: My number is 305-712-6570.
AUDIO RECORDING: She's not available right now, but I can maybe give you a call back.
AUDIO RECORDING: Okay, just tell her it's very important.
AUDIO RECORDING: I need to find out immediately what she thinks about the paperwork.
AUDIO RECORDING: Okay, I certainly will. I met her last week. Yes, thank you so much.
MS. CAPPLEMAN: The phone call was designed to get the chatter going on the wire?
OSCAR JIMENEZ JR.: Correct.
MS. CAPPLEMAN: All right. Does this pretty much sum up your involvement as far as this operation?
OSCAR JIMENEZ JR.: I believe I have another telephone call.
MS. CAPPLEMAN: Okay, but I wasn't going to ask you about that one. I just wanted you to review that in case the defense wanted to talk to you about it.
OSCAR JIMENEZ JR.: I'm sorry, can you repeat that?
MS. CAPPLEMAN: I just asked you to review that call, but I haven't asked you about it. I'm sorry — I did ask you if there was any other involvement. So why don't you go ahead and tell the jury about that other telephone call?
OSCAR JIMENEZ JR.: Oh, it was a call I received from Charlie Adelson.
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Are you going into the substance of it?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: All right. So your objection is overruled. The question is, did — or the statement, received a call from Charlie Adelson.
JUDGE HANKINSON: I'll overrule objection to that.
MS. CAPPLEMAN: And on what date did you receive the call from Charlie Adelson?
OSCAR JIMENEZ JR.: On my 302, it's April 28th, approximately 11:35 a.m.
MS. CAPPLEMAN: And was the call from Charlie Adelson to you? Did Mr. Adelson call that 305-712-6570 number that you had handed to Donna Adelson?
OSCAR JIMENEZ JR.: Correct.
MS. CAPPLEMAN: Okay. Were you involved at all, or tasked with listening to the calls that were on the T3 wire?
MS. CAPPLEMAN: Okay. So you didn't have to record those or monitor those in any way?
MS. CAPPLEMAN: All right. No further questions.
MR. ZANGENEH: Good afternoon.
OSCAR JIMENEZ JR.: Good afternoon.
MR. ZANGENEH: My name is Saam Zangeneh, and I represent Sigfredo Garcia. I'm going to ask you some questions with regards to your investigation, okay?
MR. ZANGENEH: You said during direct examination that you played a role as a Latin King member, correct?
MR. ZANGENEH: Did you do any research to assist you in playing this role?
OSCAR JIMENEZ JR.: I've had gang experience working as an undercover — not necessarily directly with the Latin Kings, so — but I do know how gangs operate.
MR. ZANGENEH: Gangs in Miami?
OSCAR JIMENEZ JR.: No, no. Gangs around the country.
MR. ZANGENEH: So you have no specific knowledge of how gangs in Miami work?
OSCAR JIMENEZ JR.: Not directly, no.
MR. ZANGENEH: And during your investigation, this bump is to kind of light a fire under a wire, correct?
OSCAR JIMENEZ JR.: Yeah, we call it tickle a wire.
MR. ZANGENEH: Right, you tickle the wire because you want to create activity, correct?
OSCAR JIMENEZ JR.: Correct.
MR. ZANGENEH: Now, in your experience as an FBI agent and someone that has nationwide gang experience — a gang member would politely go and hand a person a piece of paper, correct?
OSCAR JIMENEZ JR.: Not at all.
MR. ZANGENEH: Right, they'd rob somebody. It would be a different approach. You would agree with me that they would use — probably, the probability of them using force or a weapon is likely, correct?
OSCAR JIMENEZ JR.: Possibly. Not always.
MR. ZANGENEH: Now, at this point in April of 2019 — I'm sorry, April 19th of 2016 — Luis Rivera had not begun his cooperation with the government. Correct?
OSCAR JIMENEZ JR.: I don't know anything about that.
MR. ZANGENEH: Well, were you aware that Luis Rivera was incarcerated at this time?
OSCAR JIMENEZ JR.: Correct. Yes.
MR. ZANGENEH: Right. So he was serving his federal sentence, right?
OSCAR JIMENEZ JR.: Yes.
MR. ZANGENEH: So you couldn't light up his phone. You couldn't get a wire on his phone.
MR. ZANGENEH: Correct? Oh, well, let me ask you this way. Did they do a Title III intercept on Luis Rivera's phone at that time?
OSCAR JIMENEZ JR.: I just know that they had a Title III. I don't know about Luis Rivera.
MR. ZANGENEH: Okay. Well, you'll agree with me that at that time, Luis Rivera was in federal custody, correct?
OSCAR JIMENEZ JR.: Correct.
MR. ZANGENEH: And you can't have a cell phone in federal custody, correct?
MR. ZANGENEH: And all the phone calls that are in a federal institution are recorded, correct?
OSCAR JIMENEZ JR.: Correct.
MR. ZANGENEH: Okay. And you'll agree with me at that time, Charlie Adelson was not in federal custody, correct?
OSCAR JIMENEZ JR.: Correct.
MR. ZANGENEH: And neither was Katherine Magbanua, correct?
OSCAR JIMENEZ JR.: Correct.
MR. ZANGENEH: So Sigfredo Garcia still had his freedom at that time, correct?
OSCAR JIMENEZ JR.: Yes.
MR. ZANGENEH: Was a Title III wired on his phone?
OSCAR JIMENEZ JR.: I don't know exactly whose phone they had the Title III on. I was just instructed to do a bump on Donna Adelson.
MR. ZANGENEH: You agree with me that Luis Rivera being in custody would prohibit the value of a Title III on his phone, correct?
OSCAR JIMENEZ JR.: Can you repeat that?
MR. ZANGENEH: Sure, no problem. In fact, if Luis Rivera was in federal custody, he doesn't have a phone, so you can't do a Title III wire, right?
OSCAR JIMENEZ JR.: Correct.
MR. ZANGENEH: Sigfredo Garcia wasn't in federal custody, correct?
MR. ZANGENEH: Correct?
OSCAR JIMENEZ JR.: Correct.
MR. ZANGENEH: And he wasn't in any kind of custody, correct?
OSCAR JIMENEZ JR.: Okay.
MR. ZANGENEH: So the government could have put a wire and listened to his phone, correct?
OSCAR JIMENEZ JR.: Could have, yes.
MR. ZANGENEH: What about Jessica Rodriguez?
MR. ZANGENEH: Do you know who that is?
OSCAR JIMENEZ JR.: No, sir.
MR. ZANGENEH: During the recording, you were quoted to, when the Adelson is saying you've been taking care of Tuto and Katie, correct?
OSCAR JIMENEZ JR.: When I spoke to Donna Adelson?
MR. ZANGENEH: On the recording.
OSCAR JIMENEZ JR.: Yes, correct.
MR. ZANGENEH: Or I said they've been taken care of.
OSCAR JIMENEZ JR.: I heard "been taken care of." Yes, sir.
MR. ZANGENEH: And you also asked for $5,000, correct?
OSCAR JIMENEZ JR.: That's what was on the paper.
MR. ZANGENEH: Who told you to ask for that amount?
OSCAR JIMENEZ JR.: The case agent.
MR. ZANGENEH: Was that Agent Sanford?
OSCAR JIMENEZ JR.: Correct.
MR. ZANGENEH: And this was in April of 2016?
OSCAR JIMENEZ JR.: I—I don't recall the exact date. I just know the date that I did—that I bumped.
MR. ZANGENEH: Give me one second, Judge. Did you have knowledge that Luis Rivera had a family relationship with the Latin King by the name of Sammy? You use that name, correct? Sammy?
OSCAR JIMENEZ JR.: Correct. Yeah, I just—probably a name I just made up.
MR. ZANGENEH: Did the detect — I'm sorry, did Special Agent Sanford, did he instruct you to use that name?
OSCAR JIMENEZ JR.: Yeah, I don't recall.
MR. ZANGENEH: But he did instruct you to put the $5,000 on there, correct?
OSCAR JIMENEZ JR.: Well, I didn't write the $5,000 on the paper.
MR. ZANGENEH: Did you mention that you were a Latin King during the conversation with Ms. Adelson?
OSCAR JIMENEZ JR.: I did not.
MR. ZANGENEH: You just referred to him as your brother?
OSCAR JIMENEZ JR.: Correct.
MR. ZANGENEH: No further questions.
MR. DECOSTE: I'll go with "Agent" if you're okay with that.
OSCAR JIMENEZ JR.: That's fine.
MR. DECOSTE: Let's talk about the bump.
OSCAR JIMENEZ JR.: Yeah.
MR. DECOSTE: Okay. Correct me if I'm wrong — it's like planting a seed.
OSCAR JIMENEZ JR.: It's, um, it's—like we said earlier, it's to spark something up, plant a seed, see how it grows.
MR. DECOSTE: You want to see in which way those branches go, for the purpose of seeing who communicates, right?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: Are you into botany at all?
OSCAR JIMENEZ JR.: No, I kill everything that I try to grow.
MR. DECOSTE: I hope you're not referring to your line of work.
OSCAR JIMENEZ JR.: No. Talking about my plants.
MR. DECOSTE: Okay. So in this situation, though, we don't know the seed that was planted. Do the flyer, that's the seed?
OSCAR JIMENEZ JR.: Yeah, that's what I handed Mrs. Adelson. I recall—
OSCAR JIMENEZ JR.: —having handed her a flyer with the $5,000 and the cell phone number on the paper.
MR. DECOSTE: You don't recall that exactly, do you? The writing on it, correct? What was written?
OSCAR JIMENEZ JR.: The $5,000 and the—yes, I do recall that.
OSCAR JIMENEZ JR.: Yes.
MR. DECOSTE: Now, it was via satellite.
OSCAR JIMENEZ JR.: Mm-hmm.
MR. DECOSTE: Ms. Kawass was there. You remember that, right?
OSCAR JIMENEZ JR.: Yes.
MR. DECOSTE: To give you this specific date, that was March 6, 2019. Remember that, right?
OSCAR JIMENEZ JR.: Yes.
MR. DECOSTE: Now, through the camera you could see that we had a court reporter there that was taking down everything, and you swore you swore to tell the truth, right?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: Starting line 15. Question: "Do you remember what was in that note?" Answer: "Yes, it was a picture of the victim, Dan, and and I think it was a dollar amount, some money amount, on it. I can't recall exactly what it how, how it was written. I can't recall exactly." Those are your words, right?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: So you can't say — Explain.
OSCAR JIMENEZ JR.: Well, I know that there was a phone number. I can't recall—I couldn't recall the exact number, because I can't remember the number that was on it, but I remember there was a phone number and that there was a dollar amount of five thousand dollars that was written on it.
MR. DECOSTE: But your words are you can't recall exactly when we had the deposition or now. Would it help you to take a look at your words?
OSCAR JIMENEZ JR.: No, you can just tell me. Go ahead, ask—
MR. DECOSTE: —another question. Now we're talking about planting a seed and what would be controlled growth versus just letting something grow. To liken it over to your beard you have a very long and full beard. One could just let it grow, or it could be trimmed, it could be manicured, it could be maintained to grow differently, right?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: Now, in this case this wasn't just planting the seed and seeing how it grew. Instead, it was controlled, right? To a certain extent. When you walked up to Donna Adelson, you said "Katie," right?
OSCAR JIMENEZ JR.: "Katie"? No, I said "Mrs. Adelson."
MR. DECOSTE: When you walked up to Mrs. Adelson on the video that we just saw, you said the name "Katie," right?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: You said it twice.
OSCAR JIMENEZ JR.: Right.
MR. DECOSTE: You said the name "Tuto," right?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: You said it twice.
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: Not walking up and saying, "We want $5,000, here's a letter," and then seeing who they communicated with, right?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: Let's talk about the bump itself.
MR. DECOSTE: There was an operational meeting before it, right?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: Miami Beach Police Department?
OSCAR JIMENEZ JR.: Yes.
MR. DECOSTE: You had task force officers that were present there?
OSCAR JIMENEZ JR.: Yes.
MR. DECOSTE: Now, for the jury — task force officers work for the local municipality but also work for the federal government, right? In conjunction?
OSCAR JIMENEZ JR.: Yes.
MR. DECOSTE: Sort of like an in-between?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: There were numerous agents that were present there, right?
OSCAR JIMENEZ JR.: There were quite a few, yes.
MR. DECOSTE: You were in from out of state?
OSCAR JIMENEZ JR.: No, I was from—I resided—I was in from Jacksonville.
MR. DECOSTE: All right, so you traveled.
OSCAR JIMENEZ JR.: Yes.
MR. DECOSTE: There was expenses to travel down to Miami, correct? For you and other agents?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: You had lots of agents that were present?
OSCAR JIMENEZ JR.: Well, I—yeah, there were numerous. There were numerous. I don't know the exact amount of task force or FBI agents, but yes, we do have, you know, on the surveillance teams there were a few.
MR. DECOSTE: And that was to get the video footage, right?
OSCAR JIMENEZ JR.: Well, to cover the bump, yes.
MR. DECOSTE: You also had a high-altitude plane flying overhead recording as well, too, right?
OSCAR JIMENEZ JR.: I don't—I'm not aware of that.
MR. DECOSTE: In your experience that you talked about, doing bumps, isn't it consistent that you would have a high-altitude plane or some aircraft flying over?
MR. DECOSTE: You've never had that before?
OSCAR JIMENEZ JR.: Look, I've been in the undercover—I've been doing undercover for 20 years, and that doesn't happen every time, so I know that it all depends on the situation.
MR. DECOSTE: You worked for the Federal Bureau of Investigation, correct? A good deal of taxpayer money was spent doing this bump, right?
OSCAR JIMENEZ JR.: I would say—I just did the undercover. I don't know about the finances.
MR. DECOSTE: Original letter, the flyer, you called it, that was handed to Donna Adelson to show to this jury—
OSCAR JIMENEZ JR.: I don't know what she did with that flyer, or—I don't have a copy, no.
MR. DECOSTE: The Federal Bureau of Investigation didn't make a photocopy, right?
OSCAR JIMENEZ JR.: To my understanding, no.
MR. DECOSTE: We have no idea to be able to show to this jury we have no way to be able to show to this jury the seed that was planted, right?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: One brief moment, Your Honor.
MR. DECOSTE: Nothing further, Your Honor. Thank you.
JUDGE HANKINSON: Redirect.
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: Any juror have a question on this witness. Alright. You can step down.
JUDGE HANKINSON: Do we need to keep this witness any further? Alright. You're excused. Thanks for being here. Do you have another brief witness, Ms. Cappleman? Or, you want to call the break?
MS. CAPPLEMAN: I don't know how brief he is but we can get started on him.
JUDGE HANKINSON: Well, if he's not brief let's not get started on him. Unless you want to be the guilty party.
JUDGE HANKINSON: We're not skipping this Monday.
MR. DECOSTE: Objection.
JUDGE HANKINSON: What's that?
MR. DECOSTE: I'm kidding.
JUDGE HANKINSON: So, don't discuss the case with anyone. Don't let anyone discuss the case with you.
JUDGE HANKINSON: 8:45 Monday morning. The State's hopeful they're going to rest their case on Monday.
JUDGE HANKINSON: Probably a day of defense case, maybe day and half, we hope to have the case to you Wednesday. Things sometimes don't go as fast as we want but Wednesday or Thursday.
JUDGE HANKINSON: We'll see y'all Monday morning.
JUDGE HANKINSON: All right, everybody have a seat. Come back to work.
MR. ZANGENEH: And then, as indicated on his direct examination, I barely touched on cross that he did pose as a Latin Kings member and that he had done some research and studied gang culture. I think that this has potentially opened the door for us to call Dr. De La Cruz.
JUDGE HANKINSON: I don't think he's opened any door. Therefore, I will — and I haven't made a final ruling on Dr. De La Cruz — but I will caution you, I have decided that if he were to get up on the stand and say Latin Kings would only do crimes with other Latin Kings, I am going to let the State call Mr. Rivera back and see what other criminal activity your client was involved in with him. So I want to put that in your consideration.
JUDGE HANKINSON: But anyway, I've not made a final ruling. I'll make a final ruling when the State rests.
MR. ZANGENEH: Thank you, Judge. So should I have Dr. De La Cruz preliminarily fly in to be potentially prepared to be called as a witness?
MR. ZANGENEH: Because, you know, he does reside on the West Coast, Your Honor.
MR. ZANGENEH: And I don't want to burden either the court or Dr. De La Cruz.
JUDGE HANKINSON: I haven't made a final decision.
MR. ZANGENEH: Thank you, Judge. We've paid them a whole bunch of money already, so I guess a little bit more in the grand scheme of things. I'll have up your money.
JUDGE HANKINSON: All right. Thank you.
MR. DECOSTE: Thank you. Yes, Your Honor, there's the issue — if I could turn it over to Ms. Kawass with respect to the T3 calls, the wiretaps. We're at that point in trial where they potentially could come in, and I believe it'll be the proper time to do it.
MS. KAWASS: In regards to the T3 calls, I've laid out our entire argument and the case law that it doesn't fit within the co-conspirator exception.
MS. KAWASS: However, I know you're aware of that. What I want to differentiate for the court is, it's our position that none of the calls should come in.
MS. KAWASS: However, I don't know if the court is of a different position. Like, for example, I anticipate that the next phone call the State is going to want to play is a conversation between Donna Adelson and Charlie Adelson. And at this point, I can't find any hearsay exception. My client was not privy to that conversation.
MS. KAWASS: She wasn't even made aware of it. And it doesn't fall within any hearsay exception. And it's also violating our right to confront witnesses against us, because now I cannot ask Donna or Charlie Adelson what they meant when they were having that phone call.
JUDGE HANKINSON: Let me be clear.
JUDGE HANKINSON: In my — I suppose if you said I ruled on the wiretaps, that's not accurate, in my estimation. There were two conversations that were brought up in the motion in limine.
JUDGE HANKINSON: The State agreed that they were not going to play one of them. I overruled your objection as to hearsay on the other one.
JUDGE HANKINSON: That was the meeting with Charlie Adelson where your client is present.
JUDGE HANKINSON: I've overruled your objection on that. I have not ruled on any other wiretap as to admissibility or non-admissibility, because I don't know anything about any of the rest of the wiretaps.
JUDGE HANKINSON: So if there's some idea that I've ruled on them, I've not done so.
MS. KAWASS: No, and I was asking, Your Honor, if you were prepared to rule on them now.
JUDGE HANKINSON: I don't know anything about them, so I don't know how I can rule on them. Nobody's given me any information on the wiretaps. I would say, you know, if you're looking for some general guidance: if it relates to information being transmitted from the bump to another person that ultimately the State can argue was presented to your client, then I'm going to allow it, because it shows the sequence of events and the train of events.
JUDGE HANKINSON: If it's a totally unrelated conversation that your client's not in, that Mr. Garcia's not in, then — as a general ruling — those are hearsay, and I'm not going to admit them. But nobody's provided me with any wiretaps. I don't know anything about who did what when, so I've made no ruling. I guess at some point in time somebody needs to give me some information on what's being proposed, but I'm making no ruling at this point in time.
MS. KAWASS: And, Your Honor, is that the same position as to the transcripts for the Dolce Vita video, or you haven't ruled on that yet? I just want to make—
JUDGE HANKINSON: Because on the — I mean, obviously I'm going to hear the predicate for it, but I have reviewed the undercover. I think, although there is certainly an audibility problem with it, there is sufficient information to make it relevant to the jury. So I am going to allow the conversation. I know you can't understand a lot of what your client says, but I think there is enough to say that it is a tacit admission, and I'm going to allow them. As to the transcripts, I guess that depends on what predicate I hear from the State as the basis for the transcript, because they were prepared by Agent Sam, but he wasn't there. When I hear their predicate, I'm going to make a ruling.
MR. DECOSTE: We kind of went through the predicate before. I'm sorry to talk on Ms. Kawass's point. I'm just trying to give whatever I can to the court to help out.
JUDGE HANKINSON: Y'all provide me whatever you think would be helpful.
JUDGE HANKINSON: Does the State have some way you propose that we consider these wiretaps? At some point in time, I'm going to have to make a ruling on them, and I don't want the jury sitting in the jury room while I do that.
MS. CAPPLEMAN: Yes, sir, I'm happy to provide them for Your Honor to review, whatever you'd like.
JUDGE HANKINSON: You said you had 40 of them that you're trying to present. And in what form do you have them? You don't have any transcript or a summary of any of them?
MS. CAPPLEMAN: I have both. Summaries prepared by law enforcement, so I can provide you with that, or I can provide you with the transcripts.
JUDGE HANKINSON: I would think we should let the defense know what you're providing, but I'd like to have all three.
JUDGE HANKINSON: If you have a disc with them on it, it would give me the opportunity to review if there's something I think needs to specifically be reviewed.
JUDGE HANKINSON: A summary of it would be helpful, and a transcript of it would be helpful.
JUDGE HANKINSON: Do you all have any problem with me having them?
MR. ZANGENEH: I would like a copy of the transcript.
MR. DECOSTE: we've never been provided transcripts.
JUDGE HANKINSON: We need to get everybody copies, and I'd like to have a copy. When do you think you're going to — I guess you're going to get into that Monday?
MS. CAPPLEMAN: Yes, sir. I can provide it to you this evening. How long are you going to be around? You're going to be around for an hour?
JUDGE HANKINSON: Okay. Okay. And you didn't make copies for the defense?
MS. CAPPLEMAN: I have copies of the transcripts. So if my folks are listening, please bring a couple of copies in. I can do that right now.
JUDGE HANKINSON: Okay. I'll be in my office. Anything else? All right, we'll be in recess. 8:30 Monday. Have a good weekend.