3.Oscar Jimenez Jr. — Direct/Cross
510 linesMS. CAPPLEMAN: State calls Oscar Jiminez.
JUDGE HANKINSON: Do we need to keep this witness further, I'm sorry, Ms. Hull?
MS. CAPPLEMAN: Yes, Your Honor. I'd like her to remain subject to the rule.
JUDGE HANKINSON: All right. You remain under the rule.
MR. DECOSTE: Your Honor, this next witness goes into our motions in limine.
JUDGE HANKINSON: Let's go sidebar.
(Bench Conference was held as follows:)
JUDGE HANKINSON: Is somebody getting the witness?
MS. CAPPLEMAN: I think Ms. Norris is.
JUDGE HANKINSON: Okay. Last time, I came back and nobody had gone to get the witness.
what -- remind me what this is about.
MS. CAPPLEMAN: He's the undercover officer that did the initial bump and handed the paper to Donna Adelson.
JUDGE HANKINSON: Okay. All right. And you have objection -- who's handling it?
MR. DECOSTE: If Your Honor would allow Ms. Kawass, given the fact that she handled the motions in limine.
MS. KAWASS: And, Your Honor, it's just the same. we're relying on our motion in limine that any of the conversations between the bump and Donna Adelson is not -- it's inadmissible hearsay. This is well after the conspiracy. We're relying on Brooks versus State. There is no hearsay exception for what is -- what the State is about to introduce, a conversation between the undercover and Donna Adelson that my client was not aware of.
JUDGE HANKINSON: All right. I'm going to overrule the objection. I understand the State's theory is that it's going to move from this bump to having a connection with Ms. Magbanua. It's not being offered for the truth of the matter of what is asserted: It's being offered to show the connection.
Is that your argument, Ms. Cappleman?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE HANKINSON: All right.
(Bench Conference was concluded.)
JUDGE HANKINSON: Come on up here, please, sir.
If you'd face the clerk and be sworn, please.
whereupon, OSCAR JIMENEZ was called as a witness, having been first duly sworn, was examined and testified as follows:
OSCAR JIMENEZ JR.: I do.
JUDGE HANKINSON: Have a seat, please, sir.
DIRECT EXAMINATION ~=BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what is your name, sir?
OSCAR JIMENEZ JR.: Oscar E. Jiminez, Jr.
MS. CAPPLEMAN: will you spell that, please?
OSCAR JIMENEZ JR.: O-s-c-a-r, middle initial E, J-i-m-e-n-e-z, Jr.
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.: 2016 I was 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 draw your attention to a undercover operation that occurred on April 19th, 2016. 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 one of the -- Donna Adelson.
MS. CAPPLEMAN: Donna Adelson?
OSCAR JIMENEZ JR.: (Witness nods head.)
MS. CAPPLEMAN: 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 in South -- Fifth -- South Miami. Can I look at my 302s?
MS. CAPPLEMAN: Sure. Yeah.
OSCAR JIMENEZ JR.: The South Beach, Miami, Florida area.
MS. CAPPLEMAN: All right. And so you approached her out on the street?
OSCAR JIMENEZ JR.: I did.
MS. CAPPLEMAN: All right. And what was the idea? what were you supposed to do when you approached Ms. Adelson?
OSCAR JIMENEZ JR.: well, I was supposed to approach her and hand her a flier.
MS. CAPPLEMAN: Okay. what was on the flier?
OSCAR JIMENEZ JR.: The flier had to do with the Dan Markel murder -- or death, and we had other notes on the flier.
MS. CAPPLEMAN: Okay. Let's start with the flier itself. I'm going to show you State's Exhibit 120, 120. Do you recognize State's 120?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: How do you recognize it?
OSCAR JIMENEZ JR.: well, it's the same type of flier 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: Objection to 120?
MR. DECOSTE: Best evidence and 404, Your Honor.
JUDGE HANKINSON: Overruled.
I'm sorry. Garcia?
MR. ZANGENEH: Judge, there's hearsay on there.
JUDGE HANKINSON: All right. I'll admit 120.
(State's Exhibit No. 120 received in evidence.)
MR. DECOSTE: I'm sorry, Your Honor, 403 objection.
JUDGE HANKINSON: And let me say this flier is being put into 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. You've heard the facts firsthand, so they're not being offered to say that that information is accurate. Okay?
Go ahead, Ms. Cappleman.
MS. CAPPLEMAN: Yes, sir.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Jimenez, you handed a piece of paper like this one with 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 flier that you handed to Ms. Adelson. Do you know what that information was?
OSCAR JIMENEZ JR.: Yes. It was --
MR. DECOSTE: Objection. Objection.
JUDGE HANKINSON: Overruled.
MR. DECOSTE: Hearsay and best evidence.
JUDGE HANKINSON: Overruled.
MS. CAPPLEMAN: Sorry, sir. You may answer.
OSCAR JIMENEZ JR.: There was a writing on there with the amount of $5,000 and a cell -- telephone number, cell phone number.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. And was this incident with you handing this flier 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 a 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. So 151 and 153.
Let's start with 151. 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 objection?
MR. DECOSTE: No, Your Honor.
MR. ZANGENEH: No objection.
JUDGE HANKINSON: My ruling will be the same. I admit 151 and 153.
(State's Exhibit No. 151 and 153 received in evidence.)
MS. CAPPLEMAN: Permission to publish 151?
JUDGE HANKINSON: You may.
(Video recording published in open court. This transcription should not be considered a verbatim record due to the quality of the audio.)
(Video begins:)
OSCAR JIMENEZ JR.: Black shorts? What is it? Yeah. Okay. Okay. Bye.
Excuse me, Ms. Adelson? How you doing? Just want to give you this.
AUDIO RECORDING: Who are you? You scared me.
OSCAR JIMENEZ JR.: Don't be scared. Listen, just want to let you know that we know that your family has been taking care of Katie and her friend, Tuto, for quite some time after your problem up north has resolved. And I want to let you know that my brother, he's incarcerated. 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 Tuto.
AUDIO RECORDING: I don't know what you're talking about.
OSCAR JIMENEZ JR.: Well, this will explain it. Thank you.
(Video concludes.)
MS. CAPPLEMAN: Judge, at this time I'd ask to publish State's 153.
JUDGE HANKINSON: Okay.
(Video recording published in open court. This transcription should not be considered a verbatim record due to the quality of the audio.)
(Video begins:)
OSCAR JIMENEZ JR.: Black shorts? What is it? Okay. Okay. Bye.
Excuse me, Ms. Adelson? How you doing? Just want to give you this.
AUDIO RECORDING: Who are you? You scared me.
OSCAR JIMENEZ JR.: Don't be scared. Listen, just want to let you know that we know that your family has been taking care of Katie and her friend, Tuto, for quite some time after your problem up north has resolved. And I want to let you know that my brother, he's incarcerated. 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 Tuto.
AUDIO RECORDING: I don't know what you're talking about.
OSCAR JIMENEZ JR.: Well, this will explain it. Thank you.
(Video concludes.)
BY MS. CAPPLEMAN:
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 elicit 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. Correct.
MS. CAPPLEMAN: And what was that phone number?
OSCAR JIMENEZ JR.: I'm looking at my 302 --
MS. CAPPLEMAN: You may.
JUDGE HANKINSON: You may.
OSCAR JIMENEZ JR.: That was --
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Let me stop you. Is a 302 just your report?
OSCAR JIMENEZ JR.: Yes. It's -- in the FBI, it's our reports --
MS. CAPPLEMAN: You may.
OSCAR JIMENEZ JR.: -- 302s.
So yeah, the number is (305)712-6570, which was my covert cell phone.
JUDGE HANKINSON: Do that one more time for us if you would, please.
OSCAR JIMENEZ JR.: Excuse me, sir?
JUDGE HANKINSON: Do that one more time, please, sir.
OSCAR JIMENEZ JR.: The phone number?
JUDGE HANKINSON: Right.
OSCAR JIMENEZ JR.: (305)712-6570.
JUDGE HANKINSON: Thank you.
BY MS. CAPPLEMAN:
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.
Were you involved in another bump or a followup 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 a letter that was sent to the Adelson Institute on that date?
OSCAR JIMENEZ JR.: No. I'm not aware of that letter.
MS. CAPPLEMAN: Let me ask you about a call to the Adelson office, Adelson Institute, on April 28th, 2016. 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: I'm showing you State's Exhibit 152. 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 objection?
MR. ZANGENEH: I'm sorry, Judge?
JUDGE HANKINSON: Any additional objection?
MR. ZANGENEH: Other than hearsay, Your Honor?
JUDGE HANKINSON: Right.
MR. ZANGENEH: No, Judge.
MR. DECOSTE: Hearsay is the only additional exception, Your Honor.
JUDGE HANKINSON: Okay. I'll overrule the objection and admit State's Exhibit 152.
(State's Exhibit No. 152 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
(Audio recording published in open court. This transcription should not be considered a verbatim record due to the quality of the audio.)
(Audio begins:)
AUDIO RECORDING: Good morning. Thank you for calling Dr. Adelson's office. This is Erika. Can I help you?
OSCAR JIMENEZ JR.: Yes. Good morning. May I speak to Donna -- Ms. Donna Adelson?
AUDIO RECORDING: May I let her know who's calling?
OSCAR JIMENEZ JR.: Sammy.
AUDIO RECORDING: Sammy from?
OSCAR JIMENEZ JR.: I met her last week and gave her some paperwork.
AUDIO RECORDING: You met her last week and you gave her some paperwork regarding?
OSCAR JIMENEZ JR.: She knows what it's about. It's important paperwork.
AUDIO RECORDING: Oh, okay. And your name was Sammy?
AUDIO RECORDING: Do you have another phone number where you can be reached?
OSCAR JIMENEZ JR.: My number is (305)712-6570.
AUDIO RECORDING: Okay. Because she's not available right now, but I can have her maybe give you a call back.
OSCAR JIMENEZ JR.: Okay. Just tell her it's very important. we need to find out immediately what she thinks about the paperwork.
AUDIO RECORDING: Okay. I certainly will.
OSCAR JIMENEZ JR.: I met her last week. Yes. Thank you so much.
AUDIO RECORDING: All right. Have a good day.
OSCAR JIMENEZ JR.: All right. You too.
(Audio concludes.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. And, again, this 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 that.
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 -- 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.: It was a call I received from Charles Adelson.
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Are you going into the substance of --
MS. CAPPLEMAN: NO, sir.
JUDGE HANKINSON: All right. So your objection to overrule the question is -- or the statement is, received a call from Charles Adelson. tI'11 overrule objection to that.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And on what date did you receive the call from Charles Adelson?
OSCAR JIMENEZ JR.: On my 302, it's April 28th.
MS. CAPPLEMAN: Okay. At what time?
OSCAR JIMENEZ JR.: Approximately 11:35 a.m.
MS. CAPPLEMAN: All right. And was the call from Charles 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.
JUDGE HANKINSON: Cross?
MR. ZANGENEH: Yes, Sir.
CROSS EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Special Agent Jimenez, good afternoon.
OSCAR JIMENEZ JR.: Good afternoon.
MR. ZANGENEH: My name is Saam Zangeneh. TI represent Sigfredo Garcia. I'm going to ask you some questions with regards to your investigation. Okay?
You said during direct examination that you played a role as a Latin King member; correct? 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 and work.
MR. ZANGENEH: Gangs in Miami?
OSCAR JIMENEZ JR.: No. No, gangs around the country that I've work on.
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 -- 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 wouldn't politely go and hand a person a piece of paper; correct?
OSCAR JIMENEZ JR.: Not at all.
MR. ZANGENEH: Right. They'd rob somebody.
OSCAR JIMENEZ JR.: It would be a different approach.
MR. ZANGENEH: You would agree with me that they would use -- that 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 began 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 --
OSCAR JIMENEZ JR.: Correct. Yes.
MR. ZANGENEH: Right. So he was serving his federal sentence; right?
MR. ZANGENEH: So you couldn't light up his phone. You couldn't get a wire on his phone; correct?
MR. ZANGENEH: Let me ask it this way: Did they do a Title ill Intercept on Luis Rivera's phone at that time?
OSCAR JIMENEZ JR.: I just know that they had a Title ill. 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 your own -- your cell -- a cell phone in federal custody; correct?
OSCAR JIMENEZ JR.: 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: Sigfredo Garcia was still -- still had his freedom at that time; correct?
MR. ZANGENEH: Was a Title ill wire done on his -- on his phone?
OSCAR JIMENEZ JR.: I don't know -- I don't know exactly whose phone they were -- had the Title ill on. I was just instructed to do a bump on Donna Adelson.
MR. ZANGENEH: You'll agree with me that Luis Rivera being in custody would prohibit the value of a Title ill on his phone; correct?
OSCAR JIMENEZ JR.: Can you repeat that?
MR. ZANGENEH: Sure. No problem.
The fact that Luis Rivera was in federal custody, he doesn't have a phone so you can't do a Title ill wire; right?
OSCAR JIMENEZ JR.: Correct.
MR. ZANGENEH: Sigfredo Garcia wasn't in federal custody; correct? Correct?
OSCAR JIMENEZ JR.: Correct.
MR. ZANGENEH: And he wasn't in any kind of custody; correct?
OSCAR JIMENEZ JR.: Yeah.
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? Do you know -- do you know who that is?
OSCAR JIMENEZ JR.: No, sir.
MR. ZANGENEH: You'll agree with me that during your recording, you were quoted to wendi Adelson [sic] as 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, sir.
OSCAR JIMENEZ JR.: Yes, correct, where I said they've been taken care of.
MR. ZANGENEH: I heard "been taken care of."
OSCAR JIMENEZ JR.: Yeah, it's what I said.
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 don't recall the exact date. I just know the date that I -- that I bumped them.
MR. ZANGENEH: Give me one second, Judge.
JUDGE HANKINSON: You may.
BY MR. ZANGENEH:
MR. ZANGENEH: Did you have knowledge that Luis Rivera had a family relationship with a Latin King by the name of Sammy?
OSCAR JIMENEZ JR.: I don't recall that.
MR. ZANGENEH: Because you used that name, correct, Sammy?
OSCAR JIMENEZ JR.: Correct. Yeah, I just --
MR. ZANGENEH: That was a coincidence?
OSCAR JIMENEZ JR.: Probably a name just made up.
MR. ZANGENEH: Did Detective -- I'm sorry, did Special Agent Sanford, did he instruct you to use that name?
OSCAR JIMENEZ JR.: 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 -- I didn't write the $5,000 on the paper.
MR. ZANGENEH: Did you mention that you were a Latin King during your 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.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: Yes, Your Honor. Thank you.
CROSS EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Do I still call a retired agent "agent"?
OSCAR JIMENEZ JR.: In my heart, I'll always be an agent.
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.: The bump?
MR. DECOSTE: Yeah.
OSCAR JIMENEZ JR.: Okay.
MR. DECOSTE: Correct me if I'm wrong. It's like planting a seed.
OSCAR JIMENEZ JR.: well, it's to -- like we said earlier, it's to tickle, you know, to spark something up.
MR. DECOSTE: Plant a seed, see how it grows. Fair?
OSCAR JIMENEZ JR.: Fair enough.
MR. DECOSTE: You want to see in which way those branches go for the purpose of -- to see 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.
MR. DECOSTE: Okay.
OSCAR JIMENEZ JR.: Talking about my plants.
MR. DECOSTE: Okay. So in this situation, though, we don't know the seed that was planted, do we? The flier.
OSCAR JIMENEZ JR.: That's the -- yeah, that's what I handed Ms. Adelson.
MR. DECOSTE: But this isn't the actual one that you handed her, nor is it an exact copy of the one that you handed her, is it?
OSCAR JIMENEZ JR.: I recall having handed her a flier with the dollar -- the $5,000 and the cell phone number on the paper.
MR. DECOSTE: But you don't recall that exactly, do you?
OSCAR JIMENEZ JR.: The writing on it?
MR. DECOSTE: Correct.
OSCAR JIMENEZ JR.: what was written, the 5,000 and the -- yes, I do recall that.
MR. DECOSTE: Do you remember earlier this year taking a Skype deposition with myself?
MR. DECOSTE: Now, it was via satellite.
OSCAR JIMENEZ JR.: Uh-huh.
MR. DECOSTE: Ms. Cappleman was there. Tara Kawass was there. You remember that; right?
MR. DECOSTE: And to give you the specific date, that was March 6th, 2019. You remember that; right?
MR. DECOSTE: Now, through the camera, you could see that we had a court reporter there that was taking down everything --
MR. DECOSTE: -- and you swore to tell the truth; right?
OSCAR JIMENEZ JR.: Right.
MR. DECOSTE: Page 9, starting on line 15:
"QUESTION: Do you remember what was in the -- 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 here today that you know exactly what was in that seed that was planted.
OSCAR JIMENEZ JR.: well, I know that there was a phone number. I can't recall -- I couldn't recall the exact number. 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 $5,000 that was written on it.
MR. DECOSTE: But your words are you can't recall exactly.
OSCAR JIMENEZ JR.: when we had the deposition or now?
MR. DECOSTE: would it help you to take a look at your words?
OSCAR JIMENEZ JR.: No. You can just tell me.
JUDGE HANKINSON: He heard it. Go ahead, Mr. Decoste. we're not just going to argue with the witness. All right? Ask another question.
BY MR. DECOSTE:
MR. DECOSTE: 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?
OSCAR JIMENEZ JR.: To a certain extent.
MR. DECOSTE: when you walked up to Donna Adelson, you said Katie; right?
OSCAR JIMENEZ JR.: Katie? No. I said Ms. Adelson.
MR. DECOSTE: when you walked up to Ms. 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.: Right.
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. There was an operational meeting before it; right?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: Miami Beach Police Department.
MR. DECOSTE: You had task force officers that were present there.
MR. DECOSTE: Now, for the jury, task force officers work for the local municipality but also work for the federal government; right?
OSCAR JIMENEZ JR.: In conjunction, yes.
MR. DECOSTE: Sort of like an in-between.
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: There was 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 was -- I reside in -- I was in from Jacksonville.
MR. DECOSTE: All right. So you traveled.
OSCAR JIMENEZ JR.: Traveled, yes.
MR. DECOSTE: There was expenses to travel down to Miami.
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: 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 -- 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 overhead?
OSCAR JIMENEZ JR.: No, not all the time.
MR. DECOSTE: You've never had that before?
OSCAR JIMENEZ JR.: Look, I've been in the undercover -- I've been doing undercover for over 20 years, and that doesn't happen every time. So no, it -- it all depends on the situation.
MR. DECOSTE: You worked for the Federal Bureau of Investigation; right?
OSCAR JIMENEZ JR.: (Witness nods head.)
MR. DECOSTE: A good deal of taxpayer money was spent doing this bump; right?
OSCAR JIMENEZ JR.: I would -- I would assume -- I just did the undercover. I don't know about the finances.
MR. DECOSTE: we don't have a copy of the original letter, the flier as you call it, that was handed to Donna Adelson to show to this jury, do we?
OSCAR JIMENEZ JR.: I don't know what she did with that flier. Or a -- I don't -- 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.
JUDGE HANKINSON: Redirect?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: All right. Any juror have a question of this witness?
All right. You can step down.
Do we need to keep this witness any further?
MS. CAPPLEMAN: No, sir.
MR. ZANGENEH: No, Judge.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. You're excused. Thank you for being here.
Do you have another brief witness, Ms. Cappleman, or you want to call it as time to call a break?
MS. CAPPLEMAN: TI don't know how brief he is. we can get started.
JUDGE HANKINSON: Huh?
MS. CAPPLEMAN: I don't know how brief he is. we could 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.
MS. CAPPLEMAN: I am here for you.
JUDGE HANKINSON: All right. we're not skipping this Monday. we'll be working Monday.
MR. DECOSTE: Objection.
JUDGE HANKINSON: what's that?
MR. DECOSTE: No, I'm kidding.
JUDGE HANKINSON: All right. So don't discuss the case with anyone. Don't let anyone discuss the case with you. 8:45 Monday morning. The State's hopeful they're going to rest their case on Monday. Probably a day of defense case, maybe day and a half. we hope to have the case to you Wednesday. Things sometimes don't go as fast as we want but wednesday or Thursday.
Yes, ma'am?
JUROR: Is Wednesday Yom Kippur?
JUDGE HANKINSON: Yes, ma'am.
JUROR: Are we in court?
JUDGE HANKINSON: Yes, ma'am.
Is that going to cause a big problem with anybody?
All right. we'll see y'all Monday morning.
(Jury exits.)
JUDGE HANKINSON: Anybody have any issues?
MR. DECOSTE: No, Your Honor.
MS. NORRIS: No, sir.
JUDGE HANKINSON: Zangeneh?
MR. ZANGENEH: Judge?
JUDGE HANKINSON: All right. Everybody have a seat. Come back to order.
MR. ZANGENEH: I know that Special Agent Jimenez indicated on his direct examination, and I barely touched on it on cross, that he did pose as a Latin King 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. I will -- and I haven't ruled on -- 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 with him, so you may want to put that in your consideration. But anyway, I've not made a final ruling. I'll make a final ruling when the State rests. Okay?
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? Because you know he does reside in the west coast, Your Honor. TI don't want to burden either the Court or Dr. --
JUDGE HANKINSON: TI haven't made a final decision.
MR. ZANGENEH: Thank you, Judge.
JUDGE HANKINSON: we've paid him a whole bunch of money already, so I guess a little bit more in the grand scheme of things is not --
MR. ZANGENEH: 1I'11 have him here Monday, Judge.
JUDGE HANKINSON: All right.
MR. ZANGENEH: Thank you, Judge.
JUDGE HANKINSON: Anything else?
MR. DECOSTE: Yes, Your Honor. Your Honor, there's the issue -- and if I could turn it over to Ms. Kawass -- with respect to the T3 calls, the wiretaps. we're at that point in the trial where it potentially could come in, and I believe that it would be the proper time to deal with it.
JUDGE HANKINSON: Let's get anything taken care of that we can.
MS. KAWASS: Your Honor, I --
JUDGE HANKINSON: why don't you come to the podium, please, Ms. Kawass.
MS. KAWASS: Yes, Judge.
So in regards to the T3 calls, I've laid out our entire argument and the case law that it doesn't fit within the coconspirator exception, however, I know you are aware of that.
what I want to differentiate for the Court is it's our position that none of the calls should come in, 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. 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 doing that phone call.
JUDGE HANKINSON: All right. Let me be clear: In my -- both of you have said I've ruled on the wiretaps. That's not accurate in my estimation. There were two conversations that were brought up in the motion in limine. The State agreed that they were not going to play one of them. I overruled your objection as to hearsay on the other one. That was the meeting of Charlie Adelson where your client is present. I've overruled your objection on that one.
I have not ruled on any other wiretap as to admissibility or not admissibility, because I don't know anything about any of the rest of the wiretaps. 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 -- I don't know how I can rule on them. Nobody has given me any information on the wiretap. 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.
If it's a totally unrelated conversation between -- your client's not in, Mr. Garcia's not in, then in a general ruling, those are hearsay and I'm not going to admit them. But nobody has 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 -- because you hadn't --
JUDGE HANKINSON: Oh, 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.
MS. KAWASS: Okay. Because they were prepared by Agent Sanford who wasn't there so --
JUDGE HANKINSON: I'm going to hear their predicate and I'm going to make a ruling.
MS. KAWASS: Okay, Judge. Thank you.
MR. DECOSTE: would it help the Court to have his deposition in advance? Because we kind of went through the predicate before.
I'm sorry to talk on Ms. Kawass's point. Just trying to give whatever I can to the Court to help out in --
JUDGE HANKINSON: Y'all provide me whatever you think would be helpful, and I'll consider it.
MR. DECOSTE: will do, Your Honor.
JUDGE HANKINSON: Does the State have some way you're proposing we consider these wiretaps? At some point in time, I'm going to have to make a ruling on them so -- I don't want the jury sitting in the jury room while I do that.
MS. CAPPLEMAN: Yes, sir. I'm happy to provide the item for Your Honor to preview if you'd like.
JUDGE HANKINSON: You said you had 40 of them --
MS. CAPPLEMAN: Yes.
JUDGE HANKINSON: -- that you're trying to present?
MS. CAPPLEMAN: Yeah.
JUDGE HANKINSON: And what form do you have them?
MS. CAPPLEMAN: On a disc.
JUDGE HANKINSON: All right. I mean, I'm not going to listen to 40 wire- -- you don't have any transcripts ora summary of any of them?
MS. CAPPLEMAN: I have both. A summary is prepared by law enforcement so I can provide you with that, or I can provide you with transcripts.
JUDGE HANKINSON: well, I would think -- well, show the -- let the defense know what you're providing, but I'd like to have all three. If you have a video -- 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. A summary of them would be helpful and a transcript of them would be helpful.
Do y'all have any problem with me having those?
MR. ZANGENEH: No, Judge. I just -- I would like a copy of the transcript. I don't think I've seen those.
MR. DECOSTE: We've never been provided transcripts.
MR. ZANGENEH: She can just e-mail them. t1'11 look at them over the weekend.
JUDGE HANKINSON: We need to get everybody copies.
MR. ZANGENEH: Thank you.
JUDGE HANKINSON: 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 them to you this evening. How long are you going to be around? I can provide them to you. Are you going to be around for an hour?
JUDGE HANKINSON: Okay.
MS. CAPPLEMAN: I'll get them to you within the hour.
JUDGE HANKINSON: Okay. And you need to make copies for the defense.
MS. CAPPLEMAN: I have copies of the transcript. So if my folks are listening, could you please bring a couple copies down?
I can do that right now.
JUDGE HANKINSON: Okay. I'll be in my office.
Anything else?
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: All right. we'll be in recess. 8:30 Monday.
(A recess in the proceeding.)
(Proceedings continued to volume Ix.)