Name: Michael Dillmore — Direct (Recall) - Day 8 - Garcia–Magbanua
Uploaded: 2019-10-08
Description: Defense recall of TPD digital-forensics investigator Michael Dillmore to read phone records linking a contact saved as "T" on Garcia's device to eight May 2016 messages, including one reading "It's me, Tato," and a number common to both Garcia's phone and Charlie Adelson's iCloud.

Defense recall of TPD digital-forensics investigator Michael Dillmore to read phone records linking a contact saved as "T" on Garcia's device to eight May 2016 messages, including one reading "It's me, Tato," and a number common to both Garcia's phone and Charlie Adelson's iCloud.

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Direct Direct Michael Dillmore Christopher DeCoste

1 2:33:32

JUDGE HANKINSON: Mr. DeCoste, will you call your first witness?

2 2:33:36

MR. DECOSTE: Yes, Your Honor. I'm going to step over.

3 2:34:12

MR. DECOSTE: Thank you, Judge. The defense calls Investigator Dillmore.

4 2:34:15

MR. DECOSTE: We've just gathered him up in his gear. He's got his laptop with him.

5 2:34:18

JUDGE HANKINSON: Okay.

6 2:34:34

JUDGE HANKINSON: And I believe you testified before, didn't you?

7 2:34:36

MICHAEL DILLMORE: Yes, sir, I did.

8 2:34:37

JUDGE HANKINSON: All right. You remain under oath.

9 2:34:39

MICHAEL DILLMORE: Yes, sir.

10 2:34:39

JUDGE HANKINSON: You may proceed.

11 2:34:46

MR. DECOSTE: Thank you.

12 2:35:12

MR. DECOSTE: Thank you, Your Honor.

13 2:35:15

MR. DECOSTE: Investigator Dillmore.

14 2:35:16

MICHAEL DILLMORE: Yes, sir.

15 2:35:16

MR. DECOSTE: How are you?

16 2:35:17

MICHAEL DILLMORE: Good, thank you.

17 2:35:18

MR. DECOSTE: Again, you work for the Technical Operations Unit? Just for the record, state your name again, please, sir.

18 2:35:23

MICHAEL DILLMORE: Investigator Mike Dillmore, D-I-L-L-M-O-R-E.

19 2:35:27

MR. DECOSTE: You testified earlier in this trial, but you were in uniform, right?

20 2:35:30

MICHAEL DILLMORE: Correct.

21 2:35:31

MR. DECOSTE: You had a camera up on your right shoulder?

22 2:35:33

MICHAEL DILLMORE: Yes, sir. Yeah, I came straight from the office that day.

23 2:35:35

MR. DECOSTE: When we called you before, you were talking about the Apple iCloud, and you had explained how the information could show up on my phone, and you explained Cellebrite and all of that.

24 2:35:45

MICHAEL DILLMORE: Yes, sir.

25 2:35:45

MR. DECOSTE: All right. With your work on this case, correct me if I'm wrong: that May of 2016, you received two LG phones?

26 2:35:45

MICHAEL DILLMORE: Yes, sir.

27 2:36:00

MR. DECOSTE: Now The Technical Operations Unit, specifically yourself, worked on an extraction report for both of those phones, right?

28 2:36:09

MICHAEL DILLMORE: Yes, sir.

29 2:36:09

MR. DECOSTE: One of the phones — the device name was an Optimus 560.

30 2:36:15

MICHAEL DILLMORE: Yes, sir.

31 2:36:16

MR. DECOSTE: Now, your understanding is that those phones were the result of the arrest of Sigfredo Garcia?

32 2:36:21

MICHAEL DILLMORE: Yes, sir, I believe so.

33 2:36:21

MR. DECOSTE: Prior to your testimony today, I've given you a CD and some information, stuff to review before today. Have you had an opportunity to review it?

34 2:36:31

MICHAEL DILLMORE: Yes, sir.

35 2:36:34

MR. DECOSTE: In — In your examination of the extraction report, did you find that there were communications with phone number 305-563-3341?

36 2:36:46

MS. NORRIS: Objection. Relevance.

37 2:36:46

JUDGE HANKINSON: Let's go sidebar.

38 2:40:13

MR. DECOSTE: So, with your evaluation of the phone that came from Sigfredo Garcia, did you find that there were communications with the phone number 305-563-3341?

39 2:40:26

MICHAEL DILLMORE: Yes, sir.

40 2:40:26

MR. DECOSTE: And correct me if I'm wrong, those communications were around the time of May of 2016?

41 2:40:33

MICHAEL DILLMORE: Yes, sir.

42 2:40:34

MR. DECOSTE: And the name that they were saved under was "T," asterisk — T and then the little star symbol?

43 2:40:34

MICHAEL DILLMORE: I believe it was just T. I think the asterisk, if you look at the other ones, is all the ones that were pulled from the contact list.

44 2:40:53

MR. DECOSTE: Correct me if I'm wrong, there's eight communications.

45 2:41:01

MICHAEL DILLMORE: Yes.

46 2:41:52

MR. DECOSTE: These communications begin and end in the month of May of 2016. In your Change gears. In your evaluation of the extraction report for Sigfredo Garcia's phone, did you find saved within the contacts the phone number 954-581-1747?

47 2:42:08

MICHAEL DILLMORE: Yes, sir.

48 2:42:19

MR. DECOSTE: Change gears a little bit again. You already testified how you reviewed the Cellebrite information for Charlie Adelson.

49 2:42:20

MICHAEL DILLMORE: Yes, sir.

50 2:42:21

MR. DECOSTE: Did you find that same phone number saved in his iCloud information?

51 2:42:25

MICHAEL DILLMORE: Yes, sir.

52 2:42:25

MR. DECOSTE: Now, correct me if I'm wrong: the phone number, for Sigfredo Garcia's phone it's saved as "Sully M ECH," correct? And in Charlie Adelson's phone it's saved as "eco-friendly shot," correct? You would agree with me that this is a contact in common between the two of them.

53 2:42:46

MICHAEL DILLMORE: It does appear that way, yes, sir.

54 2:44:25

MR. DECOSTE: If I can have a brief moment. Going back to the extraction report for Sigfredo Garcia — do you have a phone number associated with that phone?

55 2:44:37

MICHAEL DILLMORE: That's correct.

56 2:44:37

MR. DECOSTE: Your Honor, let me give the specific phone. You had a flip phone and you had a smartphone, right?

57 2:44:47

MICHAEL DILLMORE: Yes, sir.

58 2:44:47

MR. DECOSTE: I'm talking about the Optimus 560.

59 2:44:51

MICHAEL DILLMORE: Right. Whatever that is.

60 2:44:52

MICHAEL DILLMORE: Looks like 786-357-3966.

61 2:45:05

MR. DECOSTE: Are you sure?

62 2:45:06

MICHAEL DILLMORE: I'm looking at the I-1.

63 2:45:19

MICHAEL DILLMORE: That's what it looks like, sir.

64 2:45:21

MR. DECOSTE: Okay. Within the extraction report, specifically the messages for T, did you find that the person sending the message was identifying themselves as Tato?

65 2:45:31

MICHAEL DILLMORE: If you want, would you look them up?

66 2:45:40

MR. DECOSTE: I'd refer your attention to message 417. Thank you.

67 2:45:53

MICHAEL DILLMORE: Yes, sir.

68 2:45:53

MR. DECOSTE: If I could turn your attention now — read, spell the name as it says.

69 2:46:01

MICHAEL DILLMORE: It's me, Tato. T-A-T-O.

70 2:46:02

MR. DECOSTE: What's the date on that message?

71 2:46:06

MICHAEL DILLMORE: May 11th of 2016.

72 2:46:08

MR. DECOSTE: Is it your understanding, if you know, that during that time frame Luis Rivera was actually in federal prison?

73 2:46:15

MICHAEL DILLMORE: I don't know.

74 2:46:15

MR. DECOSTE: If I could turn your attention to message 307 — does the name Luis Rivera appear in that message?

75 2:46:15

MICHAEL DILLMORE: Yes, sir, it does.

76 2:46:15

MR. DECOSTE: And what's the date of that message?

77 2:46:15

MICHAEL DILLMORE: May 14, 2016.

78 2:46:33

MR. DECOSTE: You, being in the Technical Operations Unit — you have Sigfredo Garcia's phone. Does it appear that there's communication with Luis Rivera in May of 2016?

79 2:46:43

MICHAEL DILLMORE: I don't know Luis Rivera's phone number.

80 2:46:45

MR. DECOSTE: Based on the content of the message.

81 2:46:48

JUDGE HANKINSON: Sustained.

82 2:46:55

MR. DECOSTE: One brief moment. Your Honor, nothing further.

83 2:47:20

JUDGE HANKINSON: Garcia. Any cross?

84 2:47:21

MR. ZANGENEH: No, Judge.

85 2:47:22

JUDGE HANKINSON: State.

86 2:47:22

MS. NORRIS: No questions, Judge.

87 2:47:31

JUDGE HANKINSON: All right. Any juror question of this witness? All right, you can step down. Do we need to keep Investigator Dillmore any further?

88 2:47:42

MR. DECOSTE: Yes.

89 2:47:55

JUDGE HANKINSON: All right, you want him retained, then. There's subpoenas. All right, you remain under the rule. Your next witness.

Insights

Direct Michael Dillmore

Magbanua's defense recalled prosecution investigator Dillmore to establish that Garcia's seized phone shared a contact with Charlie Adelson's iCloud and that May 2016 messages on Garcia's phone referenced 'Tato' and Luis Rivera.

Case Significance

Dillmore established an apparent third-party contact common to Garcia's phone and Adelson's iCloud, plus separate May 2016 message references to 'Tato' and Rivera. The testimony did not identify the shared contact or establish direct Garcia-Adelson communication.

Phone number 954-581-1747 appeared in Garcia's phone and Adelson's iCloud under different saved names; Dillmore called it an apparent contact in common
May 2016 messages on Garcia's phone included a 'Tato' self-identification and a separate reference to Luis Rivera; Dillmore did not know Rivera's incarceration status or identify the correspondent
Neither the State nor Garcia's counsel examined Dillmore after DeCoste

Highlights

Objection

Prosecution raised a relevance objection before DeCoste could establish the 305-563-3341 communications on Garcia's phone; a sidebar followed and the question was subsequently allowed.

Evidence

DeCoste established that phone number 954-581-1747 appeared in Garcia's phone contacts as 'Sully M ECH' and in Charlie Adelson's iCloud as 'eco-friendly shot,' with Dillmore confirming it appeared to be a contact in common between the two men.

“It does appear that way, yes, sir.”

— Michael DillmoreDillmore agreed that the same third-party number appeared in both contact collections under different names. The answer did not identify the contact or establish Garcia-Adelson communication.Testimony

Dillmore read from message 417 on Garcia's phone — dated May 11, 2016 — where the sender identified as 'Tato,' and confirmed that message 307, dated May 14, 2016, mentioned Luis Rivera by name; DeCoste's follow-up suggesting Rivera was in federal prison at the time was left unconfirmed by Dillmore.

“It's me, Tato. T-A-T-O.”

— Michael DillmoreDillmore read a May 11 message whose sender identified as 'Tato.' This proceeding did not establish the sender's identity; a separate May 14 message mentioned Luis Rivera.Ruling

Judge Hankinson sustained an objection when DeCoste asked Dillmore to infer from message content whether Garcia's phone showed communication with Luis Rivera, cutting off the line of questioning before the inference could be drawn on the record.

People Mentioned

Luis Rivera Charlie Adelson

Evidence Mentioned

extraction report (Garcia Optimus 560)message 307message 417

Deep Analysis

Attorney Strategy

Use prior State witness to establish a common contact

DeCoste used Dillmore's technical review to establish that the same third-party number appeared in Garcia's phone and Adelson's iCloud. The examination invited a defense inference, but Dillmore did not identify a direct Garcia-Adelson channel.

Casting doubt on Rivera via 'Tato' messaging timeline

DeCoste juxtaposed a May 11 'Tato' self-identification, a separate May 14 Rivera reference, and a question about Rivera's incarceration. Dillmore did not know the incarceration fact or identify the sender.

Case Theory Connections

Defense theory built from a common third-party contact

The defense could use the shared third-party number to argue that the Garcia and Adelson contact networks overlapped. The evidence did not show that Garcia and Adelson communicated with each other or that Magbanua was unnecessary as an intermediary.

Evidentiary Or Procedural Notes

Relevance objection and sidebar on 305-563-3341 question

Norris objected on relevance before DeCoste could establish the 'T' contact communications on Garcia's phone; after a sidebar, the question was permitted and DeCoste re-asked it without further interruption.

No cross-examination by prosecution or co-defendant

After DeCoste concluded, neither the State nor Garcia's counsel examined Dillmore. Their silence did not adopt DeCoste's proposed inferences as testimony.

Followup Questions Or Open Threads

Identity of the 'Sully M ECH' / 'eco-friendly shot' contact

The person behind phone number 954-581-1747 — saved under conspicuously different names in Garcia's and Adelson's phones — was not identified on the record in this proceeding, leaving the contact's identity and role in the case unresolved.

Rivera's incarceration status during May 2016 'Tato' messages

Dillmore did not know whether Rivera was incarcerated during the May 2016 messages and did not identify the 'Tato' sender. A separate message mentioned Rivera by name; the relationship between the messages remained unresolved.

Impeachment Or Tension Points

Sustained objection blocks Rivera-communication inference

When DeCoste asked Dillmore to conclude from message content that Garcia's phone showed communication with Luis Rivera, the objection was sustained, preventing the explicit inference from entering the record and limiting the evidentiary weight of the message 307 reference.

Rivera incarceration status unconfirmed

DeCoste's suggestion that Rivera was in federal prison during the May 2016 'T' contact communications was left unresolved — Dillmore said he did not know — weakening the implied timeline argument without defeating it.

Notable Admissions

Shared contact between Garcia and Adelson

Dillmore agreed that phone number 954-581-1747 appeared in both Garcia's phone and Adelson's iCloud, stating it 'does appear that way' that it was a contact in common — the key factual concession the defense sought from this recall.

Testimony Themes

Third-party contact common to Garcia and Adelson records

Phone number 954-581-1747 appeared in Garcia's phone and Charlie Adelson's iCloud under different names. The common contact did not by itself show communication between the two men.

'Tato' and Rivera references on Garcia's phone in May 2016

Garcia's phone contained eight May 2016 messages with a contact saved as 'T,' one of which bore a 'Tato' self-identification and another of which named Luis Rivera — framed against an unconfirmed suggestion that Rivera was incarcerated at the time.

Witness Role And Importance

Witness Role And Importance

Dillmore was recalled by Magbanua's defense to authenticate selected phone-extraction facts: a third-party contact common to Garcia's and Adelson's records and May 2016 messages referring to 'Tato' and Rivera. He did not identify a direct Garcia-Adelson communication or the 'Tato' sender.

Summary

Defense counsel Christopher DeCoste recalled TPD digital-forensics investigator Michael Dillmore to present selected records from phones associated with Sigfredo Garcia and Charlie Adelson. Dillmore confirmed eight May 2016 communications on Garcia's LG Optimus 560 with the number 305-563-3341, saved in the device as "T." Message 417, sent May 11, read "It's me, Tato"; message 307, sent May 14, referenced Luis Rivera. Dillmore did not know Rivera's incarceration status or phone number and was not permitted to draw inferences about the identity of Garcia's correspondent from message content alone. Dillmore also identified 954-581-1747 as a contact saved in Garcia's phone under "Sully M ECH" and in Charlie Adelson's iCloud under "eco-friendly shot," acknowledging the number appeared in both devices but offering no conclusion about communication between Garcia and Adelson. The identity and role of that shared contact were not established. Neither the State nor Garcia's counsel followed up, and the examination closed without further questions.

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