9.Christopher Corbitt — Direct/Cross (Recall 3)
108 linesMR. DECOSTE: I'm sorry?
JUDGE HANKINSON: You'll need to retrieve whoever you want next.
MR. DECOSTE: Investigator Corbitt.
JUDGE HANKINSON: Someone went. we don't have anyone to go get them.
MR. DECOSTE: Your Honor, if I can step out of the courtroom for one second?
JUDGE HANKINSON: Okay.
(Pause in proceedings.)
JUDGE HANKINSON: It seems like we've seen you before. Have a seat.
whereupon, CHRISTOPHER CORBITT was recalled as a witness, having been previously sworn, was examined and testified as follows:
JUDGE HANKINSON: All right. State your name for the record, please.
CHRISTOPHER CORBITT: Certainly. It's Christopher Corbitt. And, again, that's C-O-R-B-I-T-T.
JUDGE HANKINSON: You remain under oath.
CHRISTOPHER CORBITT: Yes, sir.
JUDGE HANKINSON: You may proceed.
DIRECT EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Sergeant Corbitt, how are you?
CHRISTOPHER CORBITT: wonderful.
MR. DECOSTE: I want take your attention back to your direct examination where the Government was asking you about the day prior to the homicide?
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: And you had your slides up. And the question of whether wendi Adelson was in the vicinity of the Markel house, your answer was, It's possible?
MR. DECOSTE: You had no slide for that one?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: For it to have been possible, she would have been hitting on a tower that was not the one closest to her, correct?
CHRISTOPHER CORBITT: I'm sorry. For -- I'm not sure what you're asking there specifically.
MR. DECOSTE: Let me give you some context. We talked about it on cross-examination. You know that Luis Rivera has testified saying that the day prior to the homicide in between nine and twelve that he sees wendi Adelson at Dan Markel's house; do you remember that?
MR. DECOSTE: And you were asked questions by the prosecution whether it was possible if she was at the house that morning, July 17th in the morning?
CHRISTOPHER CORBITT: If I recall the question was, Is it possible that they could have seen one another? I don't recall the specific timeframe being added to that.
MR. DECOSTE: So you had no slide showing that she was hitting on a tower in between nine and twelve in the morning on July 17th, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Because she wasn't hitting on a tower immediately close to the house at Trescott during that morning?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Your Honor, the defense and the prosecution have a stipulation that I'd like to read into the record.
JUDGE HANKINSON: Is it in writing and both sides -- all parties agree?
MS. NORRIS: Yes, sir, the State does.
JUDGE HANKINSON: Is Garcia aware of this? Have any issues?
MR. ZANGENEH: I've been put on notice. TI haven't seen it specifically.
JUDGE HANKINSON: All right.
(Pause in proceedings.)
MR. ZANGENEH: Yeah, Judge, this is fine.
JUDGE HANKINSON: All right. I think I need to explain to the jury what a stipulation involves so give me just a second.
As L've told you a couple of times, what the attorneys say is not evidence; and you should not consider it as such. However, as in all legal matters, we have to have exceptions. An exception to that is a stipulation. we encourage the attorneys to stipulate to matters. It saves our time, your time, and my time.
So what we call a stipulation is when the attorneys and the parties agree that certain facts are true. That's called a stipulation of fact. You must accept stipulated facts as having been proven. However, the significance of these facts, as with all facts, is for you to decide.
In this case there is stipulated facts that, I guess, Mr. DeCoste is going to read to you. Generally, I read them to a jury, but if you desire to read them --
MR. DECOSTE: If Your Honor wants to --
JUDGE HANKINSON: -- that will be fine. All right. The stipulation of facts is that the Markel children were enrolled at Creative Pre-School which is located in Tallahassee, Florida. Their drop-off, pick-up schedule for the days leading up to the homicide are as follows:
Monday, July 14th, 2014, dropped off at 8:55 a.m. by Dan Markel, picked up at 5:00 p.m. by Dan Markel.
Tuesday July 15th, 2014, dropped off at 8:25 a.m. by Dan Markel, picked up at 4:50 p.m. by Dan Markel.
wednesday, July 16th, 2014, dropped off at 9:00 a.m. by Dan Markel, picked up at 4:30 p.m. by wendi Adelson.
Thursday, July 17th, 2014, dropped off at 8:30 a.m. by wendi Adelson, picked up at 4:45 p.m. by Dan Markel.
Friday, July 18th, 2014, dropped off at 8:50 a.m. by Dan Markel.
Have I accurately presented the stipulation to the jury?
MR. DECOSTE: Yes, Your Honor. Thank you.
JUDGE HANKINSON: Are the parties in agreement?
MS. NORRIS: Yes, sir.
MR. ZANGENEH: Yes, Judge.
JUDGE HANKINSON: All right. If you want your sheet back?
MR. DECOSTE: Sure. Thank you.
BY MR. DECOSTE:
MR. DECOSTE: Change gears. Your direct examination and some of the redirect examination by Ms. Norris, you talked about how the Prius in question was parked at a property adjacent to Katherine Magbanua's; do you remember that?
MR. DECOSTE: Do you remember the slide where Katherine Magbanua's apartment building parking lot is in lower right, and that it was parked in a parking lot that was across the street, up to the left?
MR. DECOSTE: where does Anthony Ortiz live?
CHRISTOPHER CORBITT: I do not know.
MR. DECOSTE: Do you know whether that parking lot correspond to Anthony Ortiz's apartment?
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: Next topic. On redirect examination Ms. Norris talked to you about the path of travel the morning of July 19th of Katherine Magbanua's handset; do you remember that?
CHRISTOPHER CORBITT: I do, yes.
MR. DECOSTE: And it was on redirect where she asked you to punch in -- you don't have your stuff on -- with you today, right?
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: All right. where you had at the top of the screen Charles Adelson's address?
MR. DECOSTE: And you were asked questions of whether it would be consistent because Yindra Velazquez's property was south and to the east?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: You weren't asked the question to input the address of Francis Magbanua, my client's brother, were you?
CHRISTOPHER CORBITT: I was not.
MR. DECOSTE: Now, correct me if I'm wrong, the address for Francis Magbanua is very close to Charles Adelson's address?
CHRISTOPHER CORBITT: I would not say very close to Mr. Adelson's address. It's actually very close to the Adelson Institute, which is north of Mr. Adelson's address.
MR. DECOSTE: The path of travel that morning, correct me if I'm wrong, would also be consistent with Ms. Magbanua driving south from her brother's residence and picking up her children from Yindra Velazquez's house?
CHRISTOPHER CORBITT: It could be, yes.
MR. DECOSTE: with your training and experience on everything data related, you can't say one way or the other, can you?
JUDGE HANKINSON: I don't think that’s a complete question. One way or the other what?
MR. DECOSTE: I'll rephrase it.
BY MR. DECOSTE:
MR. DECOSTE: Can you say that one is more likely to have happened than the other?
JUDGE HANKINSON: Again, I don't know what the two things are we're weighing out, Mr. DeCoste.
BY MR. DECOSTE:
MR. DECOSTE: Scenario one, leaving Charles Adelson's address, driving to Jessica Rodriquez, slash, Luis Rivera's house; or the other scenario driving from her brother's house, picking up her kids at Yindra velazquez's home?
CHRISTOPHER CORBITT: So the difference between the two, we look at, one, the locations. The cell site for the 10:31 event that ended at 10:32 would certainly not be consistent with Ms. -- I'm sorry, Yindra's address. That was definitely further north, and the cell site or the sector that that handset was communicating with would certainly not be consistent with her residence. In addition, we looked at the communications, who she was actually calling or talking to or attempting to talk to, and that was not Ms. Yindra.
MR. DECOSTE: Now, when you're using these pings, those are only momentary, correct? It's not something that you're saying that constantly between the time of -- the beginning time of early at ten o'clock up until a little bit after ten-thirty, you're not saying that it's constantly communicating with a tower during that entire time. There's just intermittent communications during that timeframe?
CHRISTOPHER CORBITT: That is correct. And we went through each of those individual communications, and I don't recall the exact times of them. There were some around 10:04, 10:06, in the 10:20 timeframe, but for each of those events there was a beginning and ending cell site. So we had a location for the beginning of that event; and then however long that event was, if it was one minute or two minutes, at the end of that we would have another location, that ending cell site. So it's only when we have those events, those beginning and ending events, that we would have a location to speak of.
MR. DECOSTE: One brief moment, Your Honor.
(Pause in proceedings.)
MR. DECOSTE: Nothing further, Your Honor.
JUDGE HANKINSON: All right. Garcia?
MR. ZANGENEH: Not at this time. Thank you.
JUDGE HANKINSON: State?
MS. NORRIS: Yes, sir.
CROSS-EXAMINATION BY MS. NORRIS:
MS. NORRIS: I only want to ask you about the location of the rental vehicles involved in this case based on the GPS pings, if you will, or GPS data.
MR. DECOSTE: Beyond the scope of direct, Your Honor. I didn't ask anything about rental vehicles.
JUDGE HANKINSON: That's not my understanding. I'll overrule that objection.
BY MS. NORRIS:
MS. NORRIS: You were asked about the Prius being parked next to Katherine Magbanua's house, weren't you?
CHRISTOPHER CORBITT: I was, yes.
MS. NORRIS: wasn't that actually the original rental car from the June trip that was parked at Katherine Magbanua's residence when they returned to Miami from Tallahassee?
CHRISTOPHER CORBITT: well, I think both vehicles were there at some point. And, again, not having the data in front of me, but there was one where the rental vehicle was actually in the parking lot of the actual apartment building, and then one when it was across the street. And that may have been the June event.
MS. NORRIS: Okay. And then for the location of the Prius in the July -- now I'm talking about the July trip. The location for the Prius after the homicide in July was consistent with Shrimp or Stefanie Carmona's residence.
CHRISTOPHER CORBITT: It was. After the trip back it was, yes.
MS. NORRIS: All right. So back in June when we have not the Prius but the -- I think it was the Hyundai Sonata, that GPS ping near Katherine Magbanua's house, you also have phone records showing events for Katherine Magbanua and Sigfredo Garcia consistent with Ms. Magbanua's residence?
MS. NORRIS: Thank you. I have no further questions.
JUDGE HANKINSON: Redirect?
MR. DECOSTE: Nothing, Your Honor.
JUDGE HANKINSON: All right. Any juror have a question of this witness? All right. You can step down. Maybe we'll see you again. All right. Next witness.