8.Michael Dillmore — Direct (Recall)
131 linesJUDGE HANKINSON: All right. Magbanua may call their first witness.
MS. KAWASS: Yes, Your Honor. I am going to step outside.
(Pause in proceedings.)
MR. DECOSTE: Thank you, Judge. The defense calls Investigator Dilmore who is just gathering up his gear. He's got his laptop with him.
JUDGE HANKINSON: Come up here, please, sir. And I believe you testified before, did you not?
JOHN SAWICKI: Yes, sir, I did.
JUDGE HANKINSON: All right. You remain under oath.
JOHN SAWICKI: Yes, Sir.
whereupon, MIKE DILMORE was recalled as a witness, having been previously sworn, was examined and testified as follows:
JUDGE HANKINSON: You may proceed.
MR. DECOSTE: Thank you, Your Honor.
DIRECT EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Investigator Dilmore?
MICHAEL DILLMORE: Yes, sir.
MR. DECOSTE: How are you?
MICHAEL DILLMORE: Good. Thank you.
MR. DECOSTE: You work for the technical operations unit?
JUDGE HANKINSON: Just for the record, state your name again, please, sir.
MICHAEL DILLMORE: Investigator Mike Dilmore, D-I-L-M-O-R-E.
BY MR. DECOSTE:
MR. DECOSTE: Now, you testified earlier in this trial, but you were in uniform, right?
MICHAEL DILLMORE: Correct.
MR. DECOSTE: You had a camera up on your right shoulder?
MICHAEL DILLMORE: Yeah, I came straight from the office that day.
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?
MICHAEL DILLMORE: Yes, sir.
MR. DECOSTE: All right. with your work on this case, correct me if I'm wrong, that in May of 2016 you received two LG phones?
MICHAEL DILLMORE: Yes, sir.
MR. DECOSTE: Now, the technical operations unit, specifically yourself, worked on an extraction report for both of those phones, right?
MICHAEL DILLMORE: Yes, sir.
MR. DECOSTE: One of the phones, the device name was an Optimus 560?
MICHAEL DILLMORE: Yes, sir.
MR. DECOSTE: Now, your understanding is that those phones were the result of the arrest of Sigfredo Garcia?
MICHAEL DILLMORE: Yes, sir, I believe so.
MR. DECOSTE: Prior to your testimony today, I had given you a CD and some information of stuff to review before today. Have you had an opportunity to review it?
MICHAEL DILLMORE: Yes, sir.
MR. DECOSTE: In your examination of the extraction report, did you find that there were communications with phone number (305) 563-3341?
MS. NORRIS: Objection. Relevance.
JUDGE HANKINSON: Let's go sidebar.
(Sidebar conference as follows):
JUDGE HANKINSON: I can't keep all these phone numbers straight. So who do you think that comes back to?
MR. DECOSTE: All right. So I can explain this to Your Honor. During Luis Rivera's testimony, he was questioned by Ms. Kawass. And he identified this document where he was sending e-mails through CorrLinks to a friend to send text messages over to Sigfredo Garcia.
So that's one end of the communication. So we have the CorrLinks sent by Luis Rivera. And Luis Rivera is saying on one of the numbers -- and Tara can find it here -- to send a message -- so one of these messages specifically for the phone that Investigator Dilmore then gets. Investigator Dilmore, subject to the arrest, gets that phone, and he extracts out of it text messages from the phone number. So basically --
MS. CAPPLEMAN: I'm sure the jury is hearing all of this.
MR. DECOSTE: Basically, we have Luis Rivera sending an e-mail to a friend to send a text message over to Sigfredo Garcia and is communicating. So there's communications in between Luis Rivera and Sigfredo Garcia. Investigator Dilmore got the phone, did the extraction report, and within there there's several communications. And this is all around the time the conspiracy post-bump that the Government has tried to explain. So the Government has brought out a lot of communications amongst what they believe were conspirators. These are further communications between those believed conspirators.
MS. NORRIS: Can I see that exhibit?
(Pause in proceedings.)
MS. NORRIS: That's not the number you just asked about.
MR. DECOSTE: So there's a phone number that's texting, and that's this phone number here that's texting. The phone number that's in the e-mail is the phone number for Sigfredo Garcia. The phone number in the extraction report is the e-mail back to this number. what you'll see is that the dates correspond.
JUDGE HANKINSON: Ms. Norris?
MS. NORRIS: Your Honor, my objection is to relevance. The e-mail asked him to communicate with a number that is not that number, and now they're trying to show that the Cellebrite shows Garcia communicating with a different number. I don't understand the --
JUDGE HANKINSON: All right. well, I'm going to overrule the objection at this point.
(Sidebar conference concluded.)
BY MR. DECOSTE:
MR. DECOSTE: Hi again, Investigator. 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?
MICHAEL DILLMORE: Yes, sir.
MR. DECOSTE: And correct me if I'm wrong, those communications were around the time of May of 2016?
MICHAEL DILLMORE: Yes, sir.
MR. DECOSTE: And the name that they were saved under was T asterisks?
MICHAEL DILLMORE: Yes, sir.
JUDGE HANKINSON: T what?
MR. DECOSTE: T and then the little star symbol.
MICHAEL DILLMORE: TI believe it was just T. I think the asterisks -- if you look at the other ones in there, is all of the ones that were pulled from the contact list.
BY MR. DECOSTE:
MR. DECOSTE: Correct me if I'm wrong, there's eight communications?
MICHAEL DILLMORE: Yes, the ones that I've looked through, yes, sir.
MR. DECOSTE: These communications begin and end in the month of May of 2016?
MICHAEL DILLMORE: Give me one second. Yes, sir. Yes, sir, they do.
JUDGE HANKINSON: Make sure you keep your voice up and speak into that microphone. You're a little quiet.
MICHAEL DILLMORE: Sorry. Yes, sir.
BY MR. DECOSTE:
MR. DECOSTE: Let's 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?
MICHAEL DILLMORE: Yes, sir.
MR. DECOSTE: Let's change gears a little bit again. You already testified how you reviewed the Cellebrite information for Charles Adelson?
MICHAEL DILLMORE: Yes, sir.
MR. DECOSTE: Did you find that same phone number saved in his icloud information?
MICHAEL DILLMORE: Yes, sir.
MR. DECOSTE: Now, correct me if I'm wrong, the phone number for Sigfredo Garcia's phone, it's saved as Sully M-E-C-H?
MICHAEL DILLMORE: Correct.
MR. DECOSTE: And in Charles Adelson's phone it's saved as Eco Friendly Shop?
MICHAEL DILLMORE: Correct.
MR. DECOSTE: You would agree with me that this is a contact in common between the two of them?
MICHAEL DILLMORE: It does appear that way, yes, sir.
MR. DECOSTE: If I can have a brief moment, Your Honor?
JUDGE HANKINSON: You may.
(Pause in proceedings.)
MR. DECOSTE: One brief moment, Your Honor.
(Pause in proceedings.)
BY MR. DECOSTE:
MR. DECOSTE: Investigator Dilmore, a few more questions. Going back to the extraction report for Sigfredo Garcia, do you have a phone number associated with that phone?
MICHAEL DILLMORE: Give me one moment.
JUDGE HANKINSON: There were two phones if I understood right.
BY MR. DECOSTE:
MR. DECOSTE: That's correct, Your Honor. Let me give the specific phone. You had a flip phone, and you had a smartphone, right?
MICHAEL DILLMORE: Yes, sir.
MR. DECOSTE: I'm talking about the Optimus 560.
MICHAEL DILLMORE: Right.
MR. DECOSTE: whatever that is.
MICHAEL DILLMORE: It looks like (786)357-3966.
MR. DECOSTE: Are you sure?
MICHAEL DILLMORE: I'm looking at the right one. That's what it looks like, sir.
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?
MICHAEL DILLMORE: Give me a moment to look them up.
MR. DECOSTE: I'd refer your attention to message 417.
MICHAEL DILLMORE: Thank you. Yes, sir.
MR. DECOSTE: If I could turn your attention now to --
JUDGE HANKINSON: Since you're reading it, spell what you're reading, please.
MICHAEL DILLMORE: The name is -- it says, It's me, Tato, T-A-T-O.
BY MR. DECOSTE:
MR. DECOSTE: what's the date on that message?
MICHAEL DILLMORE: May 11th of 2016.
MR. DECOSTE: Is it your understanding, if you know, that during that timeframe Luis Rivera was actually in federal prison?
MICHAEL DILLMORE: I don't know.
MR. DECOSTE: If I could turn your attention to message 307, does the name Luis Rivera appear in that message?
MICHAEL DILLMORE: Yes, sir, it does.
MR. DECOSTE: And what's the date of that message?
MICHAEL DILLMORE: May 14th, 2016.
MR. DECOSTE: All right. 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?
MICHAEL DILLMORE: I don't know Luis Rivera's phone number.
MR. DECOSTE: Based on the content of the message?
MR. ZANGENEH: Judge, I'm going to object to this as speculation.
JUDGE HANKINSON: Sustained.
MR. DECOSTE: One brief moment, Your Honor.
(Pause in proceedings.)
MR. DECOSTE: Nothing further.
JUDGE HANKINSON: Garcia, any cross?
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: All right. State?
MS. NORRIS: No questions, Judge.
JUDGE HANKINSON: All right. Any juror have a question of this witness? All right. You can step down.
Do we need to keep Investigator Dilmore any further?
MR. ZANGENEH: Not for Mr. Garcia.
MR. DECOSTE: Yes.
JUDGE HANKINSON: All right. You want him retained under his subpoena. All right. You remain under the rule. Your next witness? You'll need to retrieve whoever you want next, Mr. DeCoste.