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Dan Markel— Case Archive
Garcia–Magbanuatrial-daytrial-dayAnna NorrisChristopher DeCosteTara KawassSaam ZangenehChristopher CorbittKatherine Magbanuadirectcrossredirectjury_questionDay 9 - October 9, 2019Katherine Magbanua denied involvement in the murder, and the court completed final trial matters before closings.
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Day 9 - October 9, 2019

Magbanua Testifies, Corbitt Returns, and Jury Instructions Are Finalized

Judge James C. Hankinson
18Proceedings
3Pages
2Witnesses
4,675Lines
5Sidebars
Day 9 of 11
Appearing:
Anna Norris Christopher DeCoste Tara Kawass Saam Zangeneh Christopher Corbitt Katherine Magbanua

Katherine Magbanua denied involvement in the murder, and the court completed final trial matters before closings.

Full day summary

Katherine Magbanua testified in her own defense, denying involvement in Dan Markel's murder or recruiting Sigfredo Garcia. She described her relationships with Garcia and Charlie Adelson, her employment and cash income, the 2016 bump calls, and her claimed lack of personal information about who was involved. On cross-examination, she acknowledged that Adelson created a job for her as a favor, addressed cash deposits and phone changes, and said she may have falsely told Adelson that she left a message for the bump caller. Christopher Corbitt later authenticated iCloud text-message records, including records concerning a number Magbanua sent Garcia. After testimony concluded, the court denied Garcia's renewed motion for judgment of acquittal, finalized jury-instruction disputes and verdict forms, and recessed for instructions and closing arguments the next morning.

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1. Katherine Magbanua — Direct/Cross/Redirect

Katherine Magbanua denied involvement in the murder during her defense testimony, then faced questioning about her relationships, finances, recorded calls, and phone activity.

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Procedural
Bennett Hearsay, Corbitt Sequestration, and Magbanua Testimony
73 lines

The court excluded proposed Bennett impeachment testimony, addressed deliberation sequestration, and denied the State's request to exempt Sergeant Corbitt from sequestration during Magbanua's testimony.

Direct
Katherine Magbanua - Direct Katherine Magbanua Tara Kawass
2128 lines

Magbanua denied involvement in the murder, explained her relationships and recorded calls, and said she had no personal information tying Charlie Adelson to the crime.

2 sidebars inside this proceeding
  1. Relationship Evidence and Severance MotionCounsel disputed questions about an alleged affair and the permissible scope of relationship-conflict evidence.
  2. Question About Cooperation MotiveCounsel disputed whether a question about a news article and the witness's awareness of the State's desire for cooperation would improperly enter excluded plea-related topics.
Cross
Katherine Magbanua - Cross Katherine Magbanua Saam Zangeneh
215 lines

Magbanua agreed Garcia was upset about Charlie Adelson, described Rivera's criminal reputation, and said Garcia's family trip was planned in advance.

Cross
Katherine Magbanua - Cross Katherine Magbanua
788 lines

Magbanua denied involvement in the murder while the State challenged her account of recorded calls, finances, job arrangement, and phone use.

Redirect
Katherine Magbanua - Redirect Katherine Magbanua Tara Kawass
148 lines

Magbanua addressed discovery access and recordings on redirect before a dispute over Defense Exhibit 26 sent the jury out.

Procedural
Magbanua Employment-Statement Ruling
131 lines

The court excluded Magbanua's proposed employment and Lexus call excerpts after reversing an initial ruling, then preserved the calls as a proffer.

Redirect
Katherine Magbanua - Redirect (Part 2) Katherine Magbanua Tara Kawass
190 lines

Magbanua disputed the State's phone-use and jail-inmate allegations; the judge limited portions of the redirect and instructed jurors on unadmitted calls.

sidebar
Jury Questions and Defense Exhibits Katherine Magbanua James C. Hankinson
60 lines

The court reviewed jury questions about promotions, employment, tips, tax forms, and food stamps, then addressed a defense photograph and cash-related demonstrative.

Jury Questions
Katherine Magbanua - Juror Questions Katherine Magbanua James C. Hankinson
40 lines

Magbanua answered juror questions about promotion work, unreported tips, and past food-stamp benefits.

Procedural
Magbanua Defense Rests
22 lines

2. Christopher Corbitt — Direct/Cross/Redirect (Recall 4)

Christopher Corbitt authenticated iCloud messages and described a May 13, 2016 text-and-call sequence involving Katherine Magbanua, Sigfredo Garcia, and the Eco Friendly Shop number. After defense questioning about possible car repairs and financial transactions, Corbitt was excused; the judge told jurors testimony had concluded, and renewed motions for judgment of acquittal followed outside the jury's presence.

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Direct
Christopher Corbitt - Direct (Recall) Christopher Corbitt Anna Norris
230 lines

Corbitt authenticated four iCloud text-message exhibits and described records linking a Magbanua text to Garcia's first call to an auto shop number.

Cross
Christopher Corbitt - Cross Christopher Corbitt Saam Zangeneh
30 lines

Corbitt said the phone records did not show whether Garcia knew of the mechanic's connection to Charlie Adelson and could be consistent with a car repair.

Cross
Christopher Corbitt - Cross Christopher Corbitt Christopher DeCoste
249 lines

Corbitt authenticated defense iCloud-message exhibits about loans and payments between Magbanua and Adelson, while acknowledging the records did not show whether money was lent or repaid.

1 sidebar inside this proceeding
  1. Disputed Texts and Wire CallThe parties disputed defense text-message exhibits offered to address alleged loans, work for the Adelson Institute, and a night job, then revisited the hearsay issue for wire call J.
Redirect
Christopher Corbitt - Redirect Christopher Corbitt Anna Norris
12 lines

Corbitt confirmed the State's interpretation of records involving Magbanua, Harvey Adelson, Garcia, and a business phone number.

sidebar
Next-Day Closing Schedule
15 lines

The court and counsel discussed ending for the day and completing motions and the charge conference before beginning instructions and closing arguments the next morning.

Procedural
Rebuttal Waived and Renewed Judgments of Acquittal
10 lines

The court denied Garcia's renewed judgment-of-acquittal motion; Magbanua renewed her own motion after the jury was excused.

3. Charge Conference

Before the jury entered, the court resolved final jury-instruction disputes and finalized the verdict forms and materials for the next morning.

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Procedural
Final Jury-Instruction Conference
320 lines

The court finalized jury instructions, denied Magbanua's circumstantial-evidence request, and approved a revised wire-call disk for the jury.

Procedural
Final Instruction Changes and Verdict Forms
14 lines

The court finalized revised jury instructions and verdict forms without objection, then recessed until 8:30 the next morning.

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