Christopher Corbitt — Direct/Cross (Recall 3)
88 linesJUDGE HANKINSON: You'll need to retrieve whoever you want next, Mr. DeCoste.
JUDGE HANKINSON: You'll need to retrieve whoever you want next.
MR. DECOSTE: Investigator Corbitt.
JUDGE HANKINSON: We don't have anyone to go get them.
JUDGE HANKINSON: Seems like we've seen you before.
JUDGE HANKINSON: 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: And you remain under oath.
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: I want to take your attention back to your direct examination, where the government was asking you about the day prior to the homicide and you had your slides up, on the question of whether Wendi Adelson was in the vicinity of the Markel house.
MR. DECOSTE: Your answer was, it's possible.
CHRISTOPHER CORBITT: Yes.
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.
MR. DECOSTE: Correct?
CHRISTOPHER CORBITT: I'm sorry?
CHRISTOPHER CORBITT: For — I'm not sure what you're asking there specifically.
MR. DECOSTE: Let me give you some context.
MR. DECOSTE: We talked about it on cross-examination. You know that Luis Rivera has testified, saying that the day prior to the homicide, between 9 and 12, he sees Wendi Adelson at Dan Markel's house. You remember that?
CHRISTOPHER CORBITT: Yes.
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. If I recall, the question was, is it possible that they could have seen one another?
CHRISTOPHER CORBITT: I don't recall the specific time frame being added to that.
MR. DECOSTE: So you had no slide showing that she was hitting on the tower between 9 and 12 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? Both sides, all parties agree?
JUDGE HANKINSON: What the attorneys say is considered as In all legal matters, we have to have exceptions. An exception to that is a stipulation. Attorneys — just what we call a stipulation. Attorneys and the parties agree that certain — that's called the 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 are stipulated facts that I guess Mr. DeCoste is going to read to you. Generally I read them to a jury, but if you —
JUDGE HANKINSON: The stipulation of facts is that the Markel children were enrolled at Creative Preschool, which is located in Tallahassee, Florida. Their drop-off and pickup schedule for the days leading up to the homicide are as follows.
JUDGE HANKINSON: Monday, July 14, 2014: dropped off at 8:55 a.m. by Dan Markel, picked up at 5 p.m. by Dan Markel. Tuesday, July 15, 2014: dropped off at 8:25 a.m. by Dan Markel, picked up at 4:50 p.m. by Dan Markel. Wednesday, July 16, 2014: dropped off at 9 a.m. by Dan Markel, picked up at 4:30 p.m. by Wendi Adelson. Thursday, July 17, 2014: dropped off at 8:30 a.m. by Wendi Adelson, picked up at 4:45 p.m. by Dan Markel.
JUDGE HANKINSON: Friday, July 18, 2014: dropped off at 8:50 a.m. by Dan Markel.
JUDGE HANKINSON: Have I accurately presented the stipulation to the jury?
MR. DECOSTE: Yes, Your Honor. Thank you.
JUDGE HANKINSON: The parties in agreement?
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: If you want your sheet back.
MR. DECOSTE: Change gears.
MR. DECOSTE: 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. You remember that?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: You remember the slide with Katherine Magbanua's apartment building?
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: Where does Anthony Ortiz live?
CHRISTOPHER CORBITT: I do not know.
MR. DECOSTE: Do you know whether that parking lot corresponded 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. You remember that?
CHRISTOPHER CORBITT: I do, yes.
MR. DECOSTE: And it was on redirect where she asked you to —
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: — where you had at the top of the screen Charlie Adelson's address.
CHRISTOPHER CORBITT: Yes.
MR. DECOSTE: And you were asked questions.
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 —
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 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?
CHRISTOPHER CORBITT: I don't think it's a complete question.
MR. DECOSTE: I'll rephrase it.
CHRISTOPHER CORBITT: One way or the other, what?
MR. DECOSTE: Can you say that one's more likely to have happened than the other? Again, scenario one: leaving Charlie Adelson's address, driving to Jessica Rodriguez slash Luis Rivera's house. Or the other scenario: driving from her brother's house, picking up her kids at Yindra Velazquez's home. So
CHRISTOPHER CORBITT: the difference between the two, when we look at the locations, the cell site for the 10:31 event that ended at 10:32 would certainly not be consistent with Ms.
CHRISTOPHER CORBITT: Yindra's address.
CHRISTOPHER CORBITT: That was definitely further north, and the cell site — or the sector that that handset was communicated with — would certainly not be consistent with her residence.
CHRISTOPHER CORBITT: 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 beginning time of early at 10 o'clock up until a little bit after 10:30, you're not saying that it's constantly communicating with the tower during that entire time. There's just intermittent communications during that time frame.
CHRISTOPHER CORBITT: That is correct. And we went through each of those individual communications — I don't recall the exact times of them; there were some around 10:04, 10:06, in the 10:20 time frame. 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.
MS. NORRIS: I only want to ask you about the location of the rental vehicles involved in this case based on the GPS panels, if you will, or GPS data.
MR. DECOSTE: It was beyond the scope of direct, Your Honor. I didn't ask anything about rental vehicles.
JUDGE HANKINSON: That's not my understanding. I'll let you — I'll overrule that objection.
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 date 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 Stephanie Carmona's residence?
CHRISTOPHER CORBITT: It was after the — after the trip back, it was, yes.
MS. NORRIS: Okay. So back in June, when we have not the Prius, but 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.
CHRISTOPHER CORBITT: Yes.
MS. NORRIS: Thank you.
JUDGE HANKINSON: Any further questions?
JUDGE HANKINSON: Redirect?
MR. DECOSTE: Nothing.
JUDGE HANKINSON: All right. Any jurors have questions?
JUDGE HANKINSON: You can step down.