10.Jason Newlin — Direct/Cross/Redirect
381 linesMR. DECOSTE: Call Jason Newlin.
(Pause in proceedings.)
MR. DECOSTE: Your Honor, I believe a message has been sent to Jason Newlin that he's needed in the courtroom.
(Pause in proceedings.)
JUDGE HANKINSON: Up here, please, sir. If you would, face the clerk and be sworn, please.
whereupon, JASON NEWLIN, was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat and slide up to the microphone, please, sir.
DIRECT EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: If you would, please, introduce yourself to the jury.
JASON NEWLIN: Hi. My name is Jason Newlin, J-A-S-O-N, N-E-wW-L-I-N. I'm an investigator with the State Attorney's office here in Tallahassee.
MR. DECOSTE: Now, throughout this trial you've been in the courtroom during testimony, right?
JASON NEWLIN: I've been in and out, yes.
MR. DECOSTE: Now, the reason for that is because you work very closely with these prosecutors, right?
JASON NEWLIN: That's correct.
MR. DECOSTE: You're, actually, integral in the part of organizing the evidence, the discovery, right?
JASON NEWLIN: To say the least.
MR. DECOSTE: Let's talk about that. On any case, including this one, as the prosecution progresses you receive from law enforcement reports, evidence, and that's organized by the State Attorney's Office, right?
JASON NEWLIN: we receive it, and we turn it over. I mean, we organize it at some point, yeah.
MR. DECOSTE: well, talking about your role. Your role -- you help out in the organization and the review of the information as it comes in, correct?
JASON NEWLIN: I try to the best I can, yes.
MR. DECOSTE: And that includes evidence, police reports, right?
JASON NEWLIN: Yes.
MR. DECOSTE: And then that's provided over to defense attorneys like myself during a case?
JASON NEWLIN: That's correct.
MR. DECOSTE: That's normal in all cases, right?
JASON NEWLIN: For the most part, yes.
MR. DECOSTE: And, actually, you're under an obligation that once you receive the information, the reports, to give it over timely to the defense, right? This is not an accusation.
JASON NEWLIN: It is not necessarily my job, no. I give it to the prosecutors, and they turn it over, yeah.
MR. DECOSTE: You would agree with me that there's been times in this case that you've provided over to myself pieces of evidence?
JASON NEWLIN: Yes.
MR. DECOSTE: All right. Switch to another topic. Talk about the media on this case.
JASON NEWLIN: Okay.
MR. DECOSTE: You, yourself, you appeared on Dateline, right?
JASON NEWLIN: I did.
MR. DECOSTE: Ms. Cappleman, I believe, appeared on 20/20?
JASON NEWLIN: She did.
MR. DECOSTE: In those media appearances the theory of the case was laid out, right?
JASON NEWLIN: Part of it, yes.
MR. DECOSTE: Now, your Dateline interview, that was after Ms. Magbanua was arrested, right? If you remember?
JASON NEWLIN: I honestly don't recall.
MR. DECOSTE: You would agree with me though that while prior to Ms. Magbanua's arrest there was a lot of publicity on this case?
JASON NEWLIN: Prior to Ms. Magbanua's arrest?
MR. DECOSTE: Correct.
JASON NEWLIN: There's been a lot of publicity, yes.
MR. DECOSTE: So Luis Rivera and Sigfredo Garcia are arrested in May of 2016?
JASON NEWLIN: Yes.
MR. DECOSTE: Correct me if I'm wrong, there's a lot of media at that point?
JASON NEWLIN: In May of '16, yeah, the case had garnered some media attention, yes.
MR. DECOSTE: And that media put out there the theory of the Government, the people that they believed were behind it, the people that they believed were involved, right?
JASON NEWLIN: well, a lot of our theory is in our probable cause. And once an arrest is effected, the probable cause is released, and your theory is out.
MR. DECOSTE: Now, in this case the probable cause affidavit for the arrest of Katherine Magbanua was actually leaked months before, right?
JASON NEWLIN: That, I'm not aware of.
MR. DECOSTE: You would agree with me though that prior to October of 2016 -- or better yet, prior to September of 2016, the Government's theory of prosecution was out there, who they believed was involved?
JASON NEWLIN: Honestly, there's been, what, three probable causes. If it's ten pages, nine pages are exactly the same. So there's very little change.
MR. DECOSTE: I want to make sure that you and I are on the same topic. Luis Rivera and Sigfredo Garcia are arrested. In the months after that, June, July, and August, there's attention on the case, right?
JASON NEWLIN: There's some, yes.
MR. DECOSTE: There's reports coming in. That's going over to the defense attorneys for Luis Rivera and Sigfredo Garcia?
JASON NEWLIN: Yes.
MR. DECOSTE: There's news reports on the case, the theory behind it, right?
JASON NEWLIN: Yes.
MR. DECOSTE: Now, you've been over to Leon County jail many times, right?
JASON NEWLIN: I have.
MR. DECOSTE: And at the beginning of his prosecution, Luis Rivera Spent some time there?
JASON NEWLIN: He did.
MR. DECOSTE: They have television over there, don't they?
JASON NEWLIN: They do in Leon County, yes.
MR. DECOSTE: They also have phones?
JASON NEWLIN: They do, but the pod in which Mr. Rivera was housed in did not have Tv.
MR. DECOSTE: we're talking about phones now though?
JASON NEWLIN: Phones he did have.
MR. DECOSTE: So he would be able to communicate with the outside world?
JASON NEWLIN: Yes.
MR. DECOSTE: Now, back over to the topic of television, even within the jail there's ways for inmates to communicate, right?
JASON NEWLIN: Yes.
MR. DECOSTE: I mean, they go to the extent of sometimes talking through the toilets, right?
JASON NEWLIN: I've heard of that, but I've never witnessed that.
MR. DECOSTE: They find ways to communicate, right?
JASON NEWLIN: They do.
MR. DECOSTE: Once in federal custody, Luis Rivera also has the ability to be able to e-mail, right?
JASON NEWLIN: They can e-mail in federal custody, yes.
JUDGE HANKINSON: I'm sorry. Is there a problem? Okay. we're good? Okay.
BY MR. DECOSTE:
MR. DECOSTE: Now, the means of communication, I mean, it goes to the extent that now they have a tablet that they can video chat with loved ones, right?
JASON NEWLIN: Those have been taken away, but they did briefly.
MR. DECOSTE: Let's go back to May of 2016. Luis Rivera is arrested. Chuck Collins is appointed as his attorney, right?
JASON NEWLIN: So Rivera was actually -- I believe Rivera didn't get transported to Tallahassee until June of '16, but, yes, Chuck Collins was appointed his attorney.
MR. DECOSTE: All right. The theory, again, is out there. Luis Rivera cooperates, right?
JASON NEWLIN: Eventually, yes.
MR. DECOSTE: Katherine Magbanua is then immediately arrested the following day?
JASON NEWLIN: Yes.
MR. DECOSTE: Now, the goal of your office was to get Katherine to cooperate against Charles Adelson, right?
JASON NEWLIN: The goal is to get Katherine to tell us her involvement.
MR. DECOSTE: I'm sorry?
JASON NEWLIN: To tell us what her involvement is.
MR. DECOSTE: To cooperate, correct?
JASON NEWLIN: If you want to call it cooperation if Ms. Magbanua would -- I don't know how to put it.
MR. DECOSTE: If she were to tell you that she wasn't involved, you wouldn't drop charges, would you?
JASON NEWLIN: If there was documentation with proof of that, I don't have the decision to make that -- I don't have -- that's not my authority.
MR. DECOSTE: In fact, she sat down with you and discussed the case with you, didn't she?
JASON NEWLIN: She --
MS. CAPPLEMAN: Objection. Hearsay.
JUDGE HANKINSON: Let's go sidebar, please.
(Sidebar conference as follows):
JUDGE HANKINSON: So where are we going with this, Mr. DeCoste?
MR. DECOSTE: Your Honor, this witness in deposition said the goal -- to get Katherine to cooperate against Charles Adelson. He now has said, The goal is for her to tell the truth.
Prior to this trial beginning, we gave an opportunity to Ms. Cappleman, without immunity, to sit down and ask whatever questions she wanted of Katherine Magbanua. Jason Newlin was present for that.
I would like to impeach him on the fact that he did say in deposition that the goal was to get her to cooperate against Charles Adelson. He just said, We want her to tell the truth.
JUDGE HANKINSON: I don't think that's the question that's objected to. I think pretrial -- I think it's real clear that to the extent discussions are part of plea negotiations, those are privileged and they're not admissible. And I think L've already made that ruling. Is not the proffer you're talking about part of plea negotiations with the State of Florida?
You can talk to Ms. Kawass.
MR. DECOSTE: Your Honor, I'm not asking for the contents of the conversation, just that one was had. But more importantly, this was not in any way for plea negotiations. This was to lay out exactly what the defense was in this case so that the State could evaluate and consider dropping the charges. At no point in time was there ever going to be a plea.
JUDGE HANKINSON: I mean, all that is a part of negotiations. whether it's for the purpose of a plea or getting them to drop charges, that's all part of negotiations, and that's privileged.
Is that what the State's objection is?
MS. CAPPLEMAN: Yes, Sir.
JUDGE HANKINSON: All right. So --
MR. DECOSTE: I would like to impeach him because he said the goal was --
JUDGE HANKINSON: I mean, there's no question that's been objected to in the way of impeachment. But, first, you know that what Ms. Magbanua said is hearsay, a self-serving statement and not admissible. I thought maybe we were getting there.
MR. DECOSTE: No.
JUDGE HANKINSON: But plea negotiations are also not admissible and privileged. whether it's negotiations to attempt to get charges dropped or to work out a plea. I know we call them plea negotiations, but it's all part of the same privilege.
MR. ZANGENEH: Respectfully, Judge, I don't think that's what was said. I think that what Mr. DeCoste and Ms. Kawass -- Chris and Tara said was that they brought Katie without any immunity to have a discussion with the prosecution, nothing about plea negotiations. So I think at this point that that's fair game. That's not something that there was -- no plea offer was made beforehand. No plea offer was made after. There is no Kastigar letter, no immunity proffer. So I don't know if that's in plea negotiations, Judge. I think the evidence is contrary to that. So that's just my position.
JUDGE HANKINSON: well, y'all can put on evidence to that effect at some point in time when the jury is not sitting here, but my understanding is all of that are negotiations. And whether it's negotiations to try to get the charges dropped or to work out a plea, it's all for a compromise; and it's privileged.
So if y'all want to make a proffer that shows something different at some different time, that would be fine. we'll do that after the jury's not here. But at this point in time, I'm sustaining the objection. All right.
(Sidebar conference concluded.)
BY MR. DECOSTE:
MR. DECOSTE: Investigator, around the month of August of 2016, you were present in Jefferson County with Ms. Cappleman and others while Mr. Rivera and his attorney, I believe, David Collins were in another room, and notes were being passed back and forth, right?
JASON NEWLIN: Yes.
MR. DECOSTE: Now, the purpose of that meeting was that he wanted to make a deal to cooperate for you, right, for you and your of fice?
JASON NEWLIN: The purpose for us was to see what information Mr. Rivera had to offer.
MR. DECOSTE: And if he had something to offer, a deal would be struck, right?
JASON NEWLIN: That would be between the prosecutors and defense attorneys.
MR. DECOSTE: Now, you weren't in the room with Luis Rivera, were you?
JASON NEWLIN: No.
MR. DECOSTE: But you were taking in the info, right?
JASON NEWLIN: Yes.
MR. DECOSTE: It wasn't recorded?
JASON NEWLIN: No.
MR. DECOSTE: But, again, you're taking down details?
JASON NEWLIN: Not writing details down, just sitting there listening to what he has to offer.
MR. DECOSTE: All right. But you are mentally taking them in, right?
JASON NEWLIN: Yes.
MR. DECOSTE: Specifically about a gun, right?
JASON NEWLIN: Yeah, there was an incident with a gun.
MR. DECOSTE: Now, with the information that he gives on that day in August of 2016 --
JASON NEWLIN: Right.
MR. DECOSTE: -- you have enough of a mental picture that on August 15th you go out to a place; and you're looking for a body of water, a bridge near Interstate 10 between Tallahassee and Interstate 75 corridor, right?
JASON NEWLIN: It was specifically two bridges and a body of water and -- between I-10 and I-75 somewhere.
MR. DECOSTE: Now, I saw you look down. Do you have your report up there?
JASON NEWLIN: Yes, I do.
MR. DECOSTE: That's from August 29th of 2016?
JASON NEWLIN: It's going to be around that time, yes.
MR. DECOSTE: All right. So on August 15th you go out there, and you have enough specifics from the conversation with Luis Rivera that you go and spend the time to travel out there. Again, that -- you're out near the Interstate 75 corridor, right?
JASON NEWLIN: All I had was two bridges and a body of water, and I drove as far as I could make it that day. I went all the way to the Suwannee River which has two bridges and a body of water, but it was too big of an area to go by myself. So I went back, and then another day went with two other people.
MR. DECOSTE: we'll get to that in a second, but the point is here that with the exchange with Luis Rivera in the Jefferson County Jail you get -- and I agree it's limited details, but you get details to then -- that then puts you on the road to drive out looking for this body of water, right?
JASON NEWLIN: Right.
MR. DECOSTE: Now, on August 26th you go back out, and you go to the Aucilla River, right?
JASON NEWLIN: Correct.
MR. DECOSTE: And you bring with you two other people from the State Attorney's Office?
JASON NEWLIN: Yes.
MR. DECOSTE: Investigator Sparkman?
JASON NEWLIN: Yes.
MR. DECOSTE: And Analyst Balboni?
JASON NEWLIN: Yes.
MR. DECOSTE: Now, Analyst Balboni, he brings out a metal detector with him too, right?
JASON NEWLIN: He did.
MR. DECOSTE: So you have enough details from this exchange with Luis Rivera that you've got three personnel, you've got two trips, and you're driving around looking for a gun, right?
JASON NEWLIN: Yes.
MR. DECOSTE: From details that were given by Luis Rivera in that August meeting?
JASON NEWLIN: Two bridges and a body of water and that was the closest one.
MR. DECOSTE: Luis Rivera never mentioned Katherine's name alongside those other details that you took in, did he?
JASON NEWLIN: Luis Rivera never spoke to me.
MR. DECOSTE: we're talking about the information as it's flowing from Luis Rivera and his attorney over to yourself and the prosecutors, you're taking in information, details, enough so -- for you to do this investigation. Luis Rivera never mentioned Katherine?
JASON NEWLIN: I honestly don't recall.
MR. DECOSTE: would your deposition help you remember?
JASON NEWLIN: Sure.
MR. DECOSTE: Page 39, starting on lines 24, continuing on to page 40. If you could, take a look at that?
JASON NEWLIN: Starting on which line?
MR. DECOSTE: I'm going to read it again because there's couple of them.
JASON NEWLIN: Okay.
MR. DECOSTE: we've got pages 39 through 40, so the last two lines of page 39 and the first line of page 40. And then you can also take a look at page 43, lines 1 through 3.
JASON NEWLIN: Okay. The first two lines where you asked me --
MR. DECOSTE: Page 43.
JASON NEWLIN: -- if he mentioned Katie. And I said, I don't know.
MR. DECOSTE: You have no memory of Luis Rivera giving information to his attorney over to you and your team of Katherine's name; is that accurate?
JASON NEWLIN: I mean, I don't recall those specific meetings, no.
MR. DECOSTE: But you remember the talk about the gun?
JASON NEWLIN: The gun is what stood out to me to see if we could find it, yeah.
MR. DECOSTE: So no deal was struck that day, right?
JASON NEWLIN: which day?
MR. DECOSTE: This is the day that you're at Jefferson County with Georgia Cappleman, Luis Rivera is in the other room with his attorney David Collins, and information is going back and forth. No deal was struck that day, right?
JASON NEWLIN: I wasn't a part of any of the deal negotiations or plea negotiations.
MR. DECOSTE: Let's fast forward now about a month and a half to September 30th of 2016.
JASON NEWLIN: Okay.
MR. DECOSTE: You were present at the Jefferson County Jail again, right?
JASON NEWLIN: Yes.
MR. DECOSTE: Again with Ms. Cappleman?
JASON NEWLIN: Yes.
MR. DECOSTE: Luis Rivera on that day finally names Katherine, right?
JASON NEWLIN: I don't know if it's finally, but he did say it that day, yes.
MR. DECOSTE: The next day Katherine Magbanua is arrested?
JASON NEWLIN: Yes.
MR. DECOSTE: And Luis Rivera gets his deal, right?
JASON NEWLIN: Again, I wasn't a part of the plea negotiations.
MR. DECOSTE: You know that Luis Rivera takes a plea a couple of days after that, right?
JASON NEWLIN: I know he pled in October maybe; but like I said, I don't have the specifics on that.
MR. DECOSTE: Let's talk about the investigation of the guna little bit more now.
JASON NEWLIN: Okay.
MR. DECOSTE: when you, Sparkman, and Balboni were out there at the river, you find a gun, right?
JASON NEWLIN: we do.
MR. DECOSTE: But it doesn't match up to the projectiles that were found in this case, does it?
JASON NEWLIN: No.
MR. DECOSTE: And you knew that right off the bat because you know guns?
JASON NEWLIN: I could tell it had nothing to do with this case.
MR. DECOSTE: But you didn't just say, leave it there, we're out of here?
JASON NEWLIN: No.
MR. DECOSTE: You needed to do due diligence and objective investigation of that firearm, right?
JASON NEWLIN: Right. I submitted it under this case for analysis from an expert.
MR. DECOSTE: Because it could be related somehow, right?
JASON NEWLIN: I wasn't just going to throw it away or put it -- you know, hide it under a different case. So the best decision was put it under this case because that's what we were looking for.
MR. DECOSTE: You took a series of photographs of this gun in the mud?
JASON NEWLIN: Yes.
MR. DECOSTE: About 15 of them?
JASON NEWLIN: Yeah, that sounds about right.
MR. DECOSTE: Now, again, you had Investigator Sparkman and Analyst Balboni there with you, right?
JASON NEWLIN: Yes.
MR. DECOSTE: You also had a representative from the Madison County Sheriff's Office with you?
JASON NEWLIN: we did.
MR. DECOSTE: You had the Madison County Sheriff's Office take possession of the firearm?
JASON NEWLIN: Correct.
MR. DECOSTE: Impound it?
JASON NEWLIN: No, they signed it directly over to me.
MR. DECOSTE: And on that paperwork of signing it over to you, it was in relation to this case, not some other case?
JASON NEWLIN: Correct.
MR. DECOSTE: You then take the gun, and you bring it over to the Florida Department of Law Enforcement?
JASON NEWLIN: My normal thing would be to turn it in to the Tallahassee Police Department, and they submit it to FDLE; and that should be what I did here.
MR. DECOSTE: Do you not remember?
JASON NEWLIN: That's been three plus years ago.
MR. DECOSTE: would taking a look at your deposition help? Page 45, lines 19 through 21.
JASON NEWLIN: what are you asking me to review? Because it's what I just said.
MR. DECOSTE: You submitted the gun over to FDLE?
JASON NEWLIN: It says -- you asked me, The gun was submitted to the lab?
MR. DECOSTE: Let me ask you a different question. Were you present -- because you are removed from the rule of sequestration. Were you present in the courtroom when Danibeth Richey testified?
JASON NEWLIN: No.
MR. DECOSTE: All right. Are you aware of her testimony about the testing on that --
JASON NEWLIN: I know she testified. No.
MR. DECOSTE: -- about the testing of that gun?
JASON NEWLIN: No. If she testified to that gun, I don't know. I'm not aware.
MR. DECOSTE: All right. So the whole point that we are getting here is, there's a gun that you don't believe is tied to the murder in any way, but you still objectively investigated it. You would agree with that, right?
JASON NEWLIN: Correct.
MR. DECOSTE: Let's talk about your procedure specifically with this case. You're working with the Tallahassee Police Department and also the Federal Bureau of Investigation?
JASON NEWLIN: Yes.
MR. DECOSTE: A piece of information comes in that somebody wants to talk. You let the FBI, the Tallahassee Police Department know, hey, there's somebody that wants to talk, there's somebody that has information, right?
JASON NEWLIN: Yes.
MR. DECOSTE: In December of 2016 -- now, this would be after Luis Rivera has pled.
JASON NEWLIN: Okay.
MR. DECOSTE: You and your office receive a letter from Jennifer Mosley; do you remember that?
JASON NEWLIN: I do.
MR. DECOSTE: And Ms. Mosley says that she has new information or confirmation of facts on Luis Rivera. You remember that, right?
JASON NEWLIN: I do, vaguely.
MR. DECOSTE: If you don't remember, would it help you to take a look at her letter?
JASON NEWLIN: Possibly.
MS. CAPPLEMAN: May I review the letter first, Judge?
JUDGE HANKINSON: What's that?
MS. CAPPLEMAN: May I review the item?
JUDGE HANKINSON: Certainly.
BY MR. DECOSTE:
MR. DECOSTE: Let me know if this helps your memory.
JASON NEWLIN: I mean, I remember this letter, yes.
MR. DECOSTE: Now, that letter comes in after Luis Rivera has become a State's witness, right?
JASON NEWLIN: Yes.
MR. DECOSTE: And it talks about having information --
MS. CAPPLEMAN: Objection. Hearsay.
MR. DECOSTE: Investigative steps, Your Honor.
JUDGE HANKINSON: Sustain the objection.
BY MR. DECOSTE:
MR. DECOSTE: Did you ever meet with Ms. Mosley?
MS. CAPPLEMAN: Objection. Relevance.
JUDGE HANKINSON: Overruled.
JASON NEWLIN: I don't --
MR. DECOSTE: Withdrawn.
BY MR. DECOSTE:
MR. DECOSTE: You never met with Ms. Mosley, did you?
JASON NEWLIN: I don't -- I've actually met with Ms. Mosley before, but I don't know if it was on this case or not.
MR. DECOSTE: Now, if she were to say something that would impeach Luis Rivera, that would be bad for your theory and prosecution on the case, right?
JASON NEWLIN: I'm sure it would.
MR. DECOSTE: Let's go to another person now, Juan Marcos Vega.
JASON NEWLIN: Okay.
MR. DECOSTE: You never shared that information with the Tallahassee Police Department, did you?
JASON NEWLIN: Yes, we did.
MR. DECOSTE: who did you share it with?
JASON NEWLIN: we would have been in constant communication back and forth with the supervisors and the investigators over there.
MR. DECOSTE: Never shared it with Patrick Sanford?
JASON NEWLIN: He would have been aware, whether they remembered or not, I don't know.
MR. DECOSTE: So the Leon County State Attorney's Office, in the fall of 2016, right around the time that Luis Rivera is becoming a State's witness, you receive a letter from Emron Hussein (phonetic), right?
JASON NEWLIN: Correct.
MR. DECOSTE: That leads you to have a phone call with Emron Hussein, right?
JASON NEWLIN: Correct.
MR. DECOSTE: And Emron Hussein tells you that there's some --
MS. CAPPLEMAN: Objection. Hearsay.
JUDGE HANKINSON: Let's go sidebar.
(Sidebar conference as follows):
JUDGE HANKINSON: I'm not quite following your theory of how these statements are admissible through this witness, Mr. DeCoste.
MR. DECOSTE: Your Honor, Juan Marcos Vega has come up several times through this trial. There was information that was given to this investigator. So Emron Hussein contacts him. He ends up meeting with Juan Marcos Vega. I've asked many witnesses about this.
I'm not introducing any of this for the truth of the matter asserted. It has to go to -- and it is an objection that I made before that I want to read onto the record. The investigative steps that were taken.
Specifically, that there was information that a Latin King, Juan Marcos Vega -- who was on the indictment with Luis Rivera -- that somebody said this guy was involved in the investigative steps that were taken by this investigator in speaking with Juan Marcos Vega. None of it is introduced for the truth of the matter asserted, but more for how subjectively the investigation was handled.
MS. CAPPLEMAN: I don't agree. I think it's a way to back door in hearsay that's highly prejudicial. You would have to call those witnesses if they have information that somebody else was involved.
MR. DECOSTE: They were on notice of this the whole time. This is something that's been developed in deposition. It's been developed in depositions of multiple people and throughout this trial.
JUDGE HANKINSON: I don't know what notice has to do with -- whether it's hearsay or it's not hearsay is the question. So why would you not introduce this information through Vega?
MR. DECOSTE: Because we don't have access to Vega.
JUDGE HANKINSON: why is that?
MR. DECOSTE: So, the reason why I'm bringing this in is because -- and it's a tone throughout the entire trial -- there was subjective investigation. Somebody comes along at the same time that Rivera is cutting a deal saying that Juan Marcos Vega, a fellow Latin King, was involved.
This investigator met with him. And the first thing that he says to him is, I think that you've been wrongfully tied into something that you had no involvement in. Not introduced for the truth of the matter asserted. The subjective way that it was investigated.
Now, he will agree that he should have objectively investigated Juan Marcos Vega. He didn't question Juan Marcos Vega. And two other witnesses have said -- Patrick Sanford and Craig Isom have all said, Nobody shared with me the name Juan Marcos Vega. Basically, there was a lead out there that was not followed down.
JUDGE HANKINSON: well, I mean, we've done this with Agent Sanford. we've done this with Isom, I guess, the retired investigator.
(Overlapping speakers.)
JUDGE HANKINSON: We're not going to go through all that with this witness. This witness works for the prosecution, which you've adequately brought out. He doesn't make decisions on prosecutorial decisions. Those are made by the prosecutor.
So what we're trying to do is find a way to get into the prosecution's mind, decisions, their mental processes. That's not fair game. This is hearsay, and I'm going to sustain the objection.
Now, if you want to ask whether he interviewed this person, so be it. we're not going to get into the substance of what this witness said. I'll sustain the objection.
(Sidebar conference concluded.)
BY MR. DECOSTE:
MR. DECOSTE: Investigator.
JASON NEWLIN: Yes.
MR. DECOSTE: After receiving this information, you, yourself, alone drove down to South Florida and met with Juan Marcos Vega, correct?
JASON NEWLIN: I drove to South Florida. I had a Miami-Dade police officer with me.
MR. DECOSTE: Lee Cowart (phonetic) correct?
JASON NEWLIN: Yes.
MR. DECOSTE: Detective Lee Cowart?
JASON NEWLIN: Yes.
MR. DECOSTE: You went in and you spoke to him?
JASON NEWLIN: I did.
MR. DECOSTE: You would agree with me that it was -- that -- in your words, that it was the wrong approach --
MS. CAPPLEMAN: Objection. Violates the ruling you just made, Judge.
JUDGE HANKINSON: Overruled. Calls for a yes or no.
BY MR. DECOSTE:
MR. DECOSTE: Investigator, I'm not asking you for the substance of the communication with Juan Marcos Vega. But you would agree with me, your words, that the way that you questioned him was the wrong approach?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: Object. Hearsay is in the question.
JUDGE HANKINSON: Overruled.
All right. It's been asked and answered. Move on, Mr. DeCoste.
BY MR. DECOSTE:
MR. DECOSTE: You recorded that interview, right?
JUDGE HANKINSON: Move on, Mr. DeCoste. we're done with this subject.
MR. DECOSTE: This goes to the next topic, Your Honor.
JUDGE HANKINSON: Well, let's get to the next topic.
BY MR. DECOSTE:
MR. DECOSTE: The meeting with Luis Rivera on 9-30; you remember that? You were present?
JASON NEWLIN: Yes.
MR. DECOSTE: That wasn't recorded?
JASON NEWLIN: No.
MR. DECOSTE: The one that we just spoke about was?
JASON NEWLIN: Yes.
MR. DECOSTE: Moving forward now in time to 2019. A woman named Amy Manka, your interview with her, not recorded?
JASON NEWLIN: No.
MR. DECOSTE: Brenda ward?
JASON NEWLIN: No.
MR. DECOSTE: Two meetings, July and August of 2019, not recorded, right?
JASON NEWLIN: Correct.
MR. DECOSTE: One brief moment, Your Honor.
JUDGE HANKINSON: You may.
(Pause in proceedings.)
BY MR. DECOSTE:
MR. DECOSTE: Two quick things on those names. with the meeting with Amy Manka, you went to her. She didn't come to you, right?
JASON NEWLIN: Correct.
MR. DECOSTE: Brenda ward, she came to you -- or you went to her. She didn't come to you?
JASON NEWLIN: Correct.
MR. DECOSTE: Nothing further. Thank you.
JUDGE HANKINSON: Garcia?
MR. ZANGENEH: Real brief, Judge.
CROSS-EXAMINATION BY MR. ZENGENEH:
MR. ZANGENEH: Investigator Newlin, when Mr. DeCoste was asking you about Juan Marcos Vega, that is a -- that was one of the defendants on Luis Rivera's Latin King indictment; is that correct?
JASON NEWLIN: Correct.
MR. ZANGENEH: were there any other Latin Kings that you interviewed that were on the RICO indictment that Luis Rivera was on?
JASON NEWLIN: No.
MR. ZANGENEH: No further questions.
JUDGE HANKINSON: State.
CROSS-EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: In reference to the August 16th meeting, that was the very first meeting that had anything to do with Mr. Rivera's cooperation; do you agree?
JASON NEWLIN: Yes.
MS. CAPPLEMAN: All right. And that was the meeting where nobody talked to Mr. Rivera personally except for his counsel?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: Okay. And during that meeting I think your testimony is, basically, what you got out of it is that you were going to go out and look for a gun?
JASON NEWLIN: Correct.
MS. CAPPLEMAN: All right. Did you take notes or do anything to memorialize the substance of what Mr. Rivera was saying?
JASON NEWLIN: No, I did not.
MS. CAPPLEMAN: Okay. So, specifically, you were asked, Did he mention Katherine Magbanua in that meeting? Do you know, yes or no, whether he did or not?
JASON NEWLIN: I really don't remember.
MS. CAPPLEMAN: Okay. So can you tell this jury that there was anything in that meeting that came through Mr. Rivera's lawyer that was inconsistent with his later statements?
JASON NEWLIN: No.
MS. CAPPLEMAN: Did anybody, during that meeting, that you observed, write down or indicate to Mr. Rivera's attorney what it was that Mr. Rivera needed to say to get a deal or who it was that he needed to implicate to help himself?
JASON NEWLIN: No.
MS. CAPPLEMAN: No further questions.
JUDGE HANKINSON: Redirect.
REDIRECT EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Investigator Newlin, the only people that knew what happened in that room where Luis Rivera was in is him and his attorney, right?
JASON NEWLIN: Yes.
MR. DECOSTE: Nothing further.
JUDGE HANKINSON: All right. Any juror have a question of this witness?
All right. You can step down. Call your next witness.