Craig Isom — Direct (Recall 2)

MR. DECOSTE: Investigator, how are you?

MR. DECOSTE: I want to ask you some questions about your September 30th, 2016 meeting with Luis Rivera.

MR. DECOSTE: Do you have your report?

MR. DECOSTE: Correct me if I'm wrong.

MR. DECOSTE: Luis Rivera tells you in that September 30th — before I go further, the only record that we have of this meeting is your report, right?

MR. DECOSTE: We have no recording.

MR. DECOSTE: No other reports.

MR. DECOSTE: Luis Rivera tells you that the paperwork that was in the car with him and Sigfredo Garcia was a color photo, right?

MR. DECOSTE: Page three.

MR. DECOSTE: Right in the middle of the page.

MR. DECOSTE: So, third body down.

MR. DECOSTE: Beginning with "Rivera recalled."

MR. DECOSTE: Color photo. Go to the next body, "discussion." So Luis Rivera explains to you that during discussion with Sigfredo Garcia, while waiting to see the target, that he learned the ex-wife's name was Wendi, right?

MR. DECOSTE: And Garcia said hired Katie to have her ex-husband killed.

MR. DECOSTE: Wendi wasn't arrested, right? Right?

MR. DECOSTE: Luis Rivera also explains to you how on the morning of July 17th that he's allegedly by the house of Dan Markel and sees Wendi Adelson and the two boys, right?

MR. DECOSTE: If you want to take a look at the bottom of page three.

MR. DECOSTE: He asked who the lady was that was watching their car go by, and Garcia responded, "That's the lady that wants this done." Luis Rivera didn't tell you on September 30th the additional fact of, oh, I saw her walk down the driveway of Dan Markel's house and go into the house. He didn't share that with you, did he?

MR. DECOSTE: That Wendi — who he identifies as Wendi — walked down the driveway and went into a house. So I'm asking if Luis Rivera said something during September 30th, specifically the fact that when he saw this woman with these two kids, that he also saw the woman in question, Wendi, saw this woman's — what I just heard. I want to back up. Okay. Did Luis Rivera, on September 30th, did he say that the woman that he saw, that he claims Sigfredo Garcia identified as Wendi Adelson — that he saw that woman and the two boys walk down the driveway of Dan Markel's house and go into the house, right after he saw her?

MR. DECOSTE: Now, during your investigation, you actually learned that it was not possible that she could have been there with the boys, because the boys were at preschool, right?

MR. DECOSTE: Let's go to the next page. During this September 30th, 2016 meeting, Luis Rivera tells you that on the second trip they only brought one handgun, right? Fifth line down, page four.

MR. DECOSTE: Now, going to the bottom of page four, still on September 30th, 2016, Rivera explains to you how after the homicide that there was this apparent phone call between Sigfredo Garcia and Katherine Magbanua, and all he tells you was that the words "it's done," and there was an answer of "I know." That's it, right? To make sure we're clear here, because you gave me a look there for a second — Luis Rivera says that after the homicide Sigfredo Garcia calls Katherine Magbanua, says "it's done," and that her response is only "I know."

MR. DECOSTE: Now, initially, Luis Rivera said that Garcia told him her response, right?

MR. DECOSTE: And then during this meeting on September 30th, he then later clarified that he could actually hear the voice through the phone.

MR. DECOSTE: Let's go to the next page.

MR. DECOSTE: On September 30th, 2016, Luis Rivera tells you how on the morning of July 19th that he received a call on his cell phone from Katherine.

MR. DECOSTE: So we're on page five, and we're one, two, three, four, five lines down.

MR. DECOSTE: Is that correct?

MR. DECOSTE: In your investigation of the case, you found out that it was not Katherine Magbanua calling Luis Rivera, but the reverse.

MR. DECOSTE: Further, in his explanation of the morning of July 19th, he gives you the Latin King name of Hebaro, right?

MR. DECOSTE: Do you know Hebaro's real name?

MR. DECOSTE: Ever met with Hebro?

MR. DECOSTE: Ever know if Hebro is Anthony Ortiz or not?

MR. DECOSTE: It's your understanding that Hebro is a Latin King, based on what Luis Rivera said?

MR. DECOSTE: Your understanding of Latin Kings is that they have a name — like Luis Rivera is King Tato?

MR. DECOSTE: Right. That Anthony Ortiz is King Little Anthony, right?

MR. DECOSTE: The only thing he gives you that morning is the name Hebro, right?

MR. DECOSTE: Let's talk about the money now. Luis Rivera says that the money came in a shopping bag, right?

MR. DECOSTE: Not a brown bag. He—

MR. DECOSTE: He claimed that he took some of that money and he gave it to his mother?

MR. DECOSTE: And to his ex-wife, Jessica Rodriguez?

MR. DECOSTE: You never met with Luis Rivera's mother to confirm or deny that, did you?

MR. DECOSTE: And correct me if I'm wrong, that after you meet with Luis Rivera on September 30th, you allow him to use your personal cell phone to contact Jessica Rodriguez?

MR. DECOSTE: Did Luis Rivera contact Jessica Rodriguez after that September 30th meeting, if you know?

MR. DECOSTE: One brief moment, Investigator.

MR. DECOSTE: Final questions. Luis Rivera never mentioned to you hoods and masks, did he?

MR. DECOSTE: He never mentioned hoods and masks, did he?

MR. DECOSTE: So just to make sure the question's clear: September 30th, you're meeting with Luis Rivera, you're talking about the June trip and the July trip. Rivera never mentions the bringing of hoods and masks, did he?

MR. DECOSTE: Luis Rivera never mentioned to you the third trip to Tallahassee, did he?

MR. DECOSTE: The third trip between, allegedly, Sigfredo Garcia and King Anthony.

MR. DECOSTE: He never mentioned that, did he?

MR. DECOSTE: Before you meet with him — correct me if I'm wrong — this meeting that you're having with him, you've been contacted by the State Attorney's Office. Luis Rivera wants to cut a deal, they need you to go in there and get his information, right? And you go in there and you swear him in — we want the truth, the whole truth, nothing but the truth.

MR. DECOSTE: All right. He never shared with you that there was a third trip by Sigfredo Garcia with King Anthony?

MR. DECOSTE: That's not in your report, is it?

MR. DECOSTE: Now, after whenever this was said, you of course immediately then went and met with King Anthony, right?

MR. DECOSTE: Because the information that was given to you was not specific, saying the name King Anthony, right?

MR. DECOSTE: That was just Luis Rivera's assumption?

MR. DECOSTE: One brief moment, Judge.

MR. DECOSTE: In my defense, Ms. Kawass gave me a piece of paper with another question.

MR. DECOSTE: No questions, Your Honor.

MR. DECOSTE: I know it — I'm just going to confirm with him — for an hour, and then the decision whether Ms. Magbanua is going to testify or not.

MR. DECOSTE: Yes.

MR. DECOSTE: Your Honor, if I could bring up an evidentiary issue.

MR. DECOSTE: Just to make sure that the court's clear on what we've been trying to do here.

MR. DECOSTE: So I've tried a few times to move in an exhibit. And it's documents that were received in response to a subpoena by the State Attorney's Office to Apple.

MR. DECOSTE: I have the business record certification.

MR. DECOSTE: It's the same thing that I've shown with respect to the phone number from Luis Rivera.

MR. DECOSTE: I have — and we have the witnesses testifying — we have the warrant that was sent to Apple, the business record certification from Apple, and also what Agent Sanford has identified as the response to the subpoena from Apple, the phone number from Luis Rivera that has that information. He testified, it's in his report, he received this.

MR. DECOSTE: We're seeking to move this in. I think that we've established enough, and especially with the business record certification, we've authenticated it.

MR. DECOSTE: We also have Sherry Bennett that's coming to the stand, and she's the one that did the warrant to go to Apple to get these documents.

MR. DECOSTE: I can hand it up to Your Honor.

MR. DECOSTE: Correct, Your Honor. It also impeaches him, because he testified that he had a certain phone number, yet the response from Apple is as to a different phone number. So there are multiple theories on which we believe that it is admissible at this point.

MR. DECOSTE: Your Honor, I can respond to that.

MR. DECOSTE: So under the first prong, it would be that we have a business record certification and it's relevant on the issue.

MR. DECOSTE: If it were something that were entered in by Luis Rivera, then it comes in for the purpose of impeachment.

MR. DECOSTE: So there are two ways in which it can come in. On the business record certificate, it's already been authenticated — it's a matter of hearsay now, either the business record certification, or to impeach the testimony of Luis Rivera that the State elicited as to his phone number. So if he's entering into his iPhone a phone number that's different from the one he testified about, then it's a matter of impeachment.

MR. DECOSTE: So if Luis Rivera testified that he had a certain phone number — If the government is saying that it's now unreliable — it's their evidence, they got it directly from Apple, but their belief is, well, it could have been entered in by Luis Rivera.

MR. DECOSTE: Well, it would still then be admissible for the purpose of impeaching Luis Rivera.

MR. DECOSTE: Luis Rivera is entering into his iPhone a different phone number. It impeaches his testimony that a different phone number belongs to him.

MR. DECOSTE: That's what we received in discovery, along with the business record certification and also the search warrant that was sent to Apple by the investigator. And that was the response that they received.

MR. DECOSTE: I have no reason to dispute that, Your Honor. I don't know the answer.

MR. DECOSTE: Yes.

MR. DECOSTE: Your Honor, we're not going to be arguing any of that. I can tell you in advance of that — you set up an iCloud account, you set up your Apple account, and that can predate the phone setup. Let me tell you the reason why we're bringing this in right now, specifically as to a phone number that's entered in. The reason that this is so necessary: the government is going to argue that Katherine Magbanua was calling a phone number where the first three digits after the area code were 934.

MR. DECOSTE: And Luis Rivera got up on the stand and he goes, that's my phone number — 934, I think it's 1165.

MR. DECOSTE: He testified and he said that. And they're going to say, well, there's communication between that phone number that Luis Rivera has identified as his own and Katherine Magbanua before the June trip and before the July trip.

MR. DECOSTE: The information that the government received from Apple, from their search warrant, was for a phone number that is one digit different. It's 935-1165.

MR. DECOSTE: Whether it was entered in by Luis Rivera, whether it is the actual assigned phone number to him, it is admissible. If it's him entering it in, it's to impeach his testimony.

MR. DECOSTE: If it's not considered to be impeachment, we have a business record certification. It is absolutely relevant that the number that Apple has for Luis Rivera is not the phone number that he's saying is his, and the phone number that the government is going to say was communicating with Katherine Magbanua before the June trip and before the July trip. I believe it's improper for the government to argue in light of this known evidence.