2.Christopher Corbitt — Direct/Cross/Redirect (Recall 4)
546 linesJUDGE HANKINSON: Okay. Have a seat, please, sir.
KATHERINE MAGBANUA: Thank you, sir.
JUDGE HANKINSON: Restate your name for the record, please, sir.
KATHERINE MAGBANUA: Certainly. It's Christopher Corbitt. And that's C-O-R-B-I-T-T.
JUDGE HANKINSON: You remain under oath, sir.
KATHERINE MAGBANUA: Yes, sir.
JUDGE HANKINSON: Proceed, Ms. Norris.
MS. NORRIS: Thank you, Your Honor.
whereupon, CHRISTOPHER CORBITT was called as a witness, having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MS. NORRIS:
MS. NORRIS: Sergeant Corbitt -- well, may I approach the witness, Judge?
JUDGE HANKINSON: You may.
BY MS. NORRIS:
MS. NORRIS: I'm showing you what I've marked for identifications as State's Exhibit 193. Do you recognize that document?
CHRISTOPHER CORBITT: Ido. Yes.
MS. NORRIS: what is contained in 193?
CHRISTOPHER CORBITT: These are two text messages from Mr. Charlie Adelson's iCloud return.
MS. NORRIS: And are they accurate messages from his iCloud account, based on your review of that subpoena response?
MS. NORRIS: I'd enter State's Exhibit 193, Your Honor.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: No, Judge.
MS. KAWASS: No.
JUDGE HANKINSON: It will be admitted.
MR. DECOSTE: No, Your Honor.
(State's Exhibit No. 193 received in evidence.)
BY MS. NORRIS:
MS. NORRIS: Now I'm showing you State's Exhibit 194. Do you recognize that document?
CHRISTOPHER CORBITT: Yes, I do.
MS. NORRIS: And do you recognize it in the same way that you recognize State's Exhibit 193?
CHRISTOPHER CORBITT: Yes, I do. From Mr. Adelson's iCloud return.
MS. NORRIS: And is that an accurate portion of text messages from that account?
CHRISTOPHER CORBITT: Yes, it is.
MS. NORRIS: State offers State's Exhibit 194 at this time.
JUDGE HANKINSON: Is it also a text message?
MS. NORRIS: Yes, sir. Sorry.
JUDGE HANKINSON: Is there objection?
MR. ZANGENEH: Not from Mr. Garcia.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. One-ninety-four will be admitted.
(State's Exhibit No. 194 received in evidence.)
BY MS. NORRIS:
MS. NORRIS: Now I'm showing you State's Exhibit No. 195. Do you recognize that document?
CHRISTOPHER CORBITT: I do, yes.
MS. NORRIS: And what is it?
CHRISTOPHER CORBITT: In the same, it is text message results from Charlie Adelson's iCloud account.
MS. NORRIS: And are those accurate from the search warrant response from the company?
CHRISTOPHER CORBITT: Yes, they are.
MS. NORRIS: State offers into evidence State's Exhibit 195.
JUDGE HANKINSON: Objection?
MR. ZANGENEH: None from Mr. Garcia.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: They'll be admitted.
(State's Exhibit No. 195 received in evidence.)
BY MS. NORRIS:
MS. NORRIS: Finally, I'm showing you State's Exhibit No. 196. Do you recognize that document?
CHRISTOPHER CORBITT: Yes, I do.
MS. NORRIS: How do you recognize it?
CHRISTOPHER CORBITT: Again, the same, a text message, from Mr. Adelson's iCloud account.
MS. NORRIS: And are those accurate based on your review of the account?
CHRISTOPHER CORBITT: Yes, they are.
MS. NORRIS: I'd offer into evidence State's 196 at this time.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: No, Your Honor, not from Mr. Garcia.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: Will be admitted.
(State's Exhibit No. 196 received in evidence.)
BY MS. NORRIS:
MS. NORRIS: If I could point out one thing on State's Exhibit 195 and 196. You would agree with me there's some yellow highlighting on that?
CHRISTOPHER CORBITT: Yes, there is.
MS. NORRIS: And that was done by not Charles Adelson or Katherine Magbanua. That was just...
CHRISTOPHER CORBITT: That's correct. Yes.
MS. NORRIS: Permission to publish, Judge?
JUDGE HANKINSON: You may.
BY MS. NORRIS:
MS. NORRIS: Starting with State's Exhibit 193, can you tell the jury who this text message is from?
CHRISTOPHER CORBITT: It will be incoming from Ms. Magbanua's number.
MS. NORRIS: To Mr. Adelson?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: And what is the date of this text message?
CHRISTOPHER CORBITT: It will be May 19th of 2015.
MS. NORRIS: And the second page of State's Exhibit 193, what is the date of this message?
CHRISTOPHER CORBITT: May 20th of 2015.
MS. NORRIS: So the following day?
MS. NORRIS: And who is the message from?
CHRISTOPHER CORBITT: Again, from Ms. Magbanua's number.
MS. NORRIS: To Mr. Adelson.
MS. NORRIS: And is the issue, again, inquiring about the whitening?
MS. NORRIS: Next I'm publishing for you State's Exhibit 194. what are the dates of these text messages?
CHRISTOPHER CORBITT: Again, May 20th of 2015.
MS. NORRIS: And are all of these messages from the same person to Charles Adelson?
CHRISTOPHER CORBITT: Yes, they are.
MS. NORRIS: And who are they all from?
CHRISTOPHER CORBITT: Again, from Ms. Magbanua.
MS. NORRIS: Can you read, starting from the top to the bottom, each text message?
CHRISTOPHER CORBITT: I believe so.
Hey. By the way I have a shitload of things to pay for. I need a little help. Because of the kids’ tuition and crap for summer and that I had to stop my weekend job. oh, FYI, you want me to cancel Catered Fit? It's the 20th.
And the last is, I like the other food I had before and it was cheaper.
MS. NORRIS: Next I'm showing you State's Exhibit 195. we have a lot -- would you agree with me, there are a lot of messages on here? I'm going to try to go through some of them. Can you first tell us what time period this text exchange occurs in?
CHRISTOPHER CORBITT: Yes. This would be October of 2015.
MS. NORRIS: Can you read for me -- and I'm going to go by these numbers on the left-hand column, if that's okay with you.
CHRISTOPHER CORBITT: That's fine.
MS. NORRIS: Can you read from where you are?
MS. NORRIS: Okay. If you could read line 351 and tell us who that message is from.
CHRISTOPHER CORBITT: Three-fifty-one is incoming. And we see, again, Ms. Magbanua's number.
MS. NORRIS: And what does that message state?
CHRISTOPHER CORBITT: You would never lose me. I'm your friend for life but you're, I'm sorry, being so blah.
MS. NORRIS: And then text No. 352, is that on the same date?
CHRISTOPHER CORBITT: It is. Yes.
MS. NORRIS: And who is that from to -- from and to?
CHRISTOPHER CORBITT: Again, from Ms. Magbanua.
MS. NORRIS: And what does it say?
CHRISTOPHER CORBITT: It's the -- I'm sorry. It's a little difficult to read from here. But it's the best because you're the only one I can trust. How can I trust someone else?
MS. NORRIS: Okay. After the 353 text messages about someone's car being effed up, what does line 354 say?
CHRISTOPHER CORBITT: It says, want the Ferrari.
MS. NORRIS: And who is that message from?
CHRISTOPHER CORBITT: It is from Mr. Adelson.
MS. NORRIS: To whom?
CHRISTOPHER CORBITT: It does not indicate in that particular exchange there.
MS. NORRIS: Okay. Is there -- strike that.
Is there continued conversation about Ms. Magbanua not being able to use the Ferrari, because there are no backseats in it for her children's car seats?
MS. NORRIS: Okay. what does text message 359 state?
CHRISTOPHER CORBITT: Three-fifty-nine says, I'll drive the Ferrari.
MS. NORRIS: And who is that from?
CHRISTOPHER CORBITT: Again, from Ms. Magbanua's number.
MS. NORRIS: Going down to line 363, if you can read that. who is that text message from?
CHRISTOPHER CORBITT: It is, again, from Ms. Magbanua, and it states, man, you have, like, 15 cars, LMAO.
MS. NORRIS: And it is Charles Adelson responding to Katie Magbanua?
CHRISTOPHER CORBITT: It does. There is an outgoing --
MS. NORRIS: Oh, I'm sorry. I got that confused. what's the next outgoing message?
CHRISTOPHER CORBITT: The following outgoing message is, it's either that or the limo.
MS. NORRIS: Finally, on State's Exhibit 196, I want to focus on the top three -- no. Sorry. The top four messages. what are the dates of these text exchange -- exchanges?
CHRISTOPHER CORBITT: That would be November 25th of 2015.
MS. NORRIS: Starting with line 883, who is that message from?
CHRISTOPHER CORBITT: Again, that is incoming from Ms. Magbanua.
MS. NORRIS: Again, this is all Charlie Adelson's iCloud, right? So it's --
CHRISTOPHER CORBITT: That's right.
MS. NORRIS: -- incoming to him.
And what does the message state for 883?
CHRISTOPHER CORBITT: Can you believe? How embarrassing. My card declined in Old Navy because I put -- Enterprise put an 800 hold on my rental.
MS. NORRIS: And then in line 885, is that another incoming from Katherine Magbanua to Charles Adelson?
CHRISTOPHER CORBITT: It is, yes.
MS. NORRIS: And in that message, the jury can read it, does it discuss she wasn't able to pay for the clothing that she attempted to use the credit card for?
CHRISTOPHER CORBITT: That is correct.
MS. NORRIS: And how does Mr. Adelson respond in line 886 to Katherine Magbanua?
CHRISTOPHER CORBITT: That message says, I got you.
(Pause. )
BY MS. NORRIS:
MS. NORRIS: I want to switch to a different topic.
CHRISTOPHER CORBITT: Okay.
MS. NORRIS: And this is going back to some older testimony, but based on your review of Charles Adelson's iCloud that we just discussed, the wiretap calls in this case in 2016, Charles Adelson's phone records, all of those things, does it appear that Charlie Adelson has a mechanic?
CHRISTOPHER CORBITT: Yes. At least one.
MS. NORRIS: And what is that mechanic's name?
CHRISTOPHER CORBITT: Sully. I believe Sully Dawson.
MS. NORRIS: And does he have a business?
CHRISTOPHER CORBITT: He does.
MS. NORRIS: what's the name of that auto body shop?
CHRISTOPHER CORBITT: Eco Friendly Auto.
MS. NORRIS: God bless you.
And does Charles Adelson have the Eco Friendly shop stored in his cell phone as a contact?
CHRISTOPHER CORBITT: He does. Yes.
MS. NORRIS: And what is the phone number associated with Sully Dawson's Eco Friendly Shop in Mr. Adelson's phone?
CHRISTOPHER CORBITT: If I could refer to my notes. That would be (954)581-1747.
MS. NORRIS: How is that -- I guess a user, when they're assigning a name to a certain phone number in their contact list in their phone, the user gets to choose how to name the contact?
CHRISTOPHER CORBITT: In most cases, yes.
MS. NORRIS: And in this case, how did Charles Adelson have that (954)581-1747 number stored in his?
CHRISTOPHER CORBITT: It was stored as Eco Friendly Shopp, S-H-O-P-P.
MS. NORRIS: So the same name for Sully's business.
CHRISTOPHER CORBITT: Yeah. I believe the actual business name was the Eco Friendly Auto center. But it was stored in the phone as Auto -- or Eco Friendly Shopp.
MS. NORRIS: Did you also review, in addition to the things we just mentioned, Charlie Adelson's iCloud, text messages between Charlie Adelson and Katherine Magbanua wire calls and Katherine Magbanua's phone records?
MS. NORRIS: During the time that Katherine Magbanua and Charlie Adelson were together, is there evidence in all those records you reviewed that Katherine Magbanua uses or used Sully's mechanic at Eco Friendly Shop to fix her cars?
MS. NORRIS: Does it also appear that she used the Eco Friendly Shop to fix her cars when she was back with -- when Katherine Magbanua was back with Sigfredo Garcia in 2015 and 2016?
MS. NORRIS: when is the first time we ever see Sigfredo Garcia's phone number calling the Eco Friendly Shop?
CHRISTOPHER CORBITT: The first time we see that would be May 13th of 2016.
MS. NORRIS: So a little under two years after Dan Markel's murder?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Are you familiar with a wire call labeled -- I think it's been introduced and played for the jury as wire call RR. And for your reference, that would be call No. 2653.
CHRISTOPHER CORBITT: I believe so. Yes.
MS. NORRIS: And in that call do you recall Charlie Adelson telling Katherine Magbanua to let Sully take care of her car repair?
MS. NORRIS: what was the date of that wire call?
CHRISTOPHER CORBITT: I believe that was May 13th, as well.
MS. NORRIS: of 2016?
MS. NORRIS: what time?
CHRISTOPHER CORBITT: I believe four-oh -- just after four o'clock, 4:06 p.m.
MS. NORRIS: And is this the first date we ever see Sigfredo Garcia's phone records indicating he ever made a phone call to the Eco Friendly Shop's phone number?
CHRISTOPHER CORBITT: It is the same day. Yes.
MS. NORRIS: And was it after that wire call where Charlie Adelson tells Katherine Magbanua to take her car to Sully?
CHRISTOPHER CORBITT: It is. Yes.
MS. NORRIS: And what time do we see Mr. Garcia's handset calling the Eco Friendly Shop?
CHRISTOPHER CORBITT: That's, I believe, just after 5:00 p.m.
MS. NORRIS: And what -- do you know, based on the records, what prompts him to call the Eco Friendly Shop's (954)581-1774 number?
MR. ZANGENEH: Objection, Judge.
MR. DECOSTE: Personal knowledge.
MR. ZANGENEH: Calls for speculation.
JUDGE HANKINSON: Sustained. Unless we lay some foundation.
BY MS. NORRIS:
MS. NORRIS: After the wire call RR that we just discussed, does Katherine Magbanua send a text message to Sigfredo Garcia, directing him to call Eco Friendly Shop?
CHRISTOPHER CORBITT: Yes. Actually to have the mechanic, where he's at, to call Eco Friendly.
MS. NORRIS: And in that text message, does Katherine Magbanua give Sigfredo Garcia the Eco Friendly Shop's 954 phone number?
CHRISTOPHER CORBITT: She does. Yes.
MS. NORRIS: Is it only after that text message Sigfredo Garcia calls that number for the first time?
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Overruled.
BY MS. NORRIS:
MS. NORRIS: Is it --
CHRISTOPHER CORBITT: It is correct. Yes. That's the first time.
MS. NORRIS: And how many times total does Sigfredo Garcia's handset call that 954 number for the body shop?
CHRISTOPHER CORBITT: we saw three.
MS. NORRIS: And what were the dates of those calls?
CHRISTOPHER CORBITT: There were two on May 13th, the date we're talking about. And then there was one the following day.
MS. NORRIS: And the two on the 13th were after the wire call.
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Did Sigfredo Garcia have that particular auto body shop's 954 number stored in his contacts?
CHRISTOPHER CORBITT: He did.
MS. NORRIS: And what was it stored as?
CHRISTOPHER CORBITT: It was stored as Sully Mech, M-E-C-H.
MS. NORRIS: which -- abbreviation for mechanic?
CHRISTOPHER CORBITT: Could be. Yes.
MS. NORRIS: And at the times of these exchanges in May 2016, is it your understanding Garcia and Magbanua were back together?
MS. NORRIS: Thank you, Sergeant Corbitt. I have no further questions.
JUDGE HANKINSON: Cross. Garcia.
MR. ZANGENEH: Just a second, Judge.
(off-the-record discussion.)
CROSS-EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Sergeant Corbitt, good afternoon.
CHRISTOPHER CORBITT: Good afternoon.
MR. ZANGENEH: You indicated on direct examination that there was a text message from Katherine Magbanua to my client on the 13th, right?
CHRISTOPHER CORBITT: That's correct. Yes.
MR. ZANGENEH: And that text message from -- goes from Katie, right?
MR. ZANGENEH: So Katie Magbanua text messages her boyfriend and says, have, have your mechanic call my mechanic. Something to that effect?
CHRISTOPHER CORBITT: Yes. To that effect.
MR. ZANGENEH: And is Sigfredo Garcia a mechanic?
CHRISTOPHER CORBITT: I don't believe so. No.
MR. ZANGENEH: So you can't tell the members of this jury if Sigfredo gave the phone to a mechanic that he knows to call this mechanic?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: Can you tell the members of this jury if Sigfredo Garcia knew that this mechanic was referred by Charlie Adelson?
CHRISTOPHER CORBITT: I do not know that.
MR. ZANGENEH: well, you were listening to Katie's phone, right?
CHRISTOPHER CORBITT: In addition to Mr. Adelson's, yes.
MR. ZANGENEH: And did Katie ever tell -- I'm sorry. Did Katherine Magbanua -- I'm sorry, Judge.
Did Katherine Magbanua ever say, hey, listen. Call this mechanic. I got him from -- he was referred by Charlie Adelson?
CHRISTOPHER CORBITT: I don't recall any content like that.
MR. ZANGENEH: And you agree with me that if there was that content, that's something that you would be -- that you'd have knowledge of, correct?
CHRISTOPHER CORBITT: well, there was certainly a lot of content looked at. I can't say for certain. But my recollection, I do not recall any content like that.
MR. ZANGENEH: So you can't tell this jury whether or not my client knew that this mechanic knew Charlie Adelson?
CHRISTOPHER CORBITT: I'm sorry.
MR. ZANGENEH: No problem. You can't tell this jury if my client knew that Sully, the mechanic, knew Charlie Adelson.
CHRISTOPHER CORBITT: That's correct. I cannot.
MR. ZANGENEH: And you said there were three calls within about a 24-hour period?
CHRISTOPHER CORBITT: There were. Yes.
MR. ZANGENEH: And would that be consistent with the time that the car was getting fix?
CHRISTOPHER CORBITT: It would be. Yes.
MR. ZANGENEH: No further questions.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: Yes, Your Honor. Thank you.
CROSS-EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Sergeant, I said I think you're going to get a trophy for having testified the most times.
I'm going to start off with Government's 196. You were just reading this a moment ago. Now, you read to, I've got you, right?
CHRISTOPHER CORBITT: Yes, sir.
MR. DECOSTE: Then they turned off the Elmo, right?
CHRISTOPHER CORBITT: I believe so. Yes.
MS. NORRIS: Objection, Your Honor.
BY MR. DECOSTE:
MR. DECOSTE: Did they have you read the rest of the exhibit?
JUDGE HANKINSON: Mr. DeCoste, just ask your questions, please. Again, we're not going to try to disparage opposing counsel.
BY MR. DECOSTE:
MR. DECOSTE: Can you read, after I got you?
CHRISTOPHER CORBITT: Nah. I was, like, WTF. TI pay that card and I fucking get declined. I was talking to the corporate office, telling them I was in front of their employees with this bullshit.
MR. DECOSTE: Now, the relevance of this, this exhibit is to show that he offered her help, right?
CHRISTOPHER CORBITT: I believe so --
MS. NORRIS: Objection --
MS. NORRIS: -- Your Honor.
JUDGE HANKINSON: The question's been asked and answered.
BY MR. DECOSTE:
MR. DECOSTE: The response from Ms. Magbanua is declining that help, right?
CHRISTOPHER CORBITT: It would appear so. Yes.
MR. DECOSTE: we've talked a lot about Charles Adelson Cel lebrite information, his icloud data. And you've reviewed a lot of that, right?
CHRISTOPHER CORBITT: I have, yes.
(off-the-record discussion.)
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, I'm handing you what's been pre-marked as Defense 17. You know what that is, right?
CHRISTOPHER CORBITT: I do, sir. Yes.
MR. DECOSTE: That's a printout of Charles Adelson's iCcloud information through the Cellebrite reader?
CHRISTOPHER CORBITT: Yes, it is.
MR. DECOSTE: And you know that that's his, because you're head of the Technical Operations Unit, you've used Cellebrite, you've reviewed his icloud data, right?
CHRISTOPHER CORBITT: That's correct. Yes.
MR. DECOSTE: And that fairly and accurately depicts what one would see if they logged onto a computer and opened up his stuff through a Cellebrite reader, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Move in what's been pre-marked as Magbanua 17.
JUDGE HANKINSON: Any objection?
MS. NORRIS: Only objection is self-serving hearsay, Judge.
JUDGE HANKINSON: Either you object or you don't object.
MS. NORRIS: I object to self-serving hearsay.
JUDGE HANKINSON: All right. well, let's got to sidebar. Let me see if I...
(sidebar discussion held as follows):
JUDGE HANKINSON: Apparently, this was marked before for identification. Is that everybody's understanding?
MR. DECOSTE: I'm sorry?
JUDGE HANKINSON: That 17 was marked before for identification, I believe.
MS. NORRIS: Yes.
MR. DECOSTE: Yes. I believe that now the Government -- the Government has entered in multiple exhibits trying to show that Charles Adelson was giving her money. we have two exhibits that were ID'd before but are now relevant, because it shows that she is paying him back for monies that are being loaned. They brought up specifically that he was paying for her mechanic bills at Sully. These text messages show that she's saying I will pay you back.
JUDGE HANKINSON: So point to me where that is.
MR. DECOSTE: Yeah. I just texted Sully my credit card. I'm in surgery. I re-texted him. I know you're going to pay me back. That's a first one. I trust you.
This, again, the one that we have is her asking for a loan. whenever you get a chance. No problem. Call me tonight.
Thanks, buddy. You know I'll pay you back.
No worries. I know you're good for it.
I just want to make sure this jury has a correct --
JUDGE HANKINSON: And you said one exhibit. Now you're throwing three at me. So --
MR. DECOSTE: I just brought all of them.
JUDGE HANKINSON: Okay. Let's get them all resolved. So that was 17. what was the other one you were throwing at...
MS. KAWASS: Seventeen and...
JUDGE HANKINSON: Eighteen.
MS. KAWASS: Correct.
MR. DECOSTE: Correct.
JUDGE HANKINSON: Okay.
MR. DECOSTE: So it's been eluded to that she was not working at the Adelson Institute. It was just brought up again. This one is, can you call me when you get a chance? I have something to ask you.
And it's Katherine giving information to Charles about work on his website.
JUDGE HANKINSON: I don't see the content you're talking about, the website or...
MR. DECOSTE: So about your site. I'm not saying today. Any time this week. He's asking me and telling me to call the office to get some info and set up a meeting. And I'm going to tell him to just meet you up anywhere. You're -- she's saying site. She's saying website.
JUDGE HANKINSON: And this is Defense Exhibit...
MR. DECOSTE: Thirty-seven.
JUDGE HANKINSON: Thirty-seven. Okay.
MR. DECOSTE: The State just brought out an exhibit talking about teeth whitening, as if she's getting gifts from the Adelson Institute. we've already had it, which was entered in, that she was paid. And the date of this is important. So it's 1/8/2015. It's a text message, nice seeing you. I love your parents. They're too cute. Your dad is the shit. I've never had anyone work on me so fast.
Now the date of this is 1/8. So this is a corresponding message in between Charles Adelson and Katherine Magbanua talking about how she pays for things at the Adelson Institute and is not necessarily just getting things for free like it's an open door policy.
MS. NORRIS: Can I see that last one that you got?
MR. DECOSTE: Yeah.
MS. NORRIS: I'm sorry. Just to save time.
MR. DECOSTE: The last one that we have is this. This is in April of 2015. I'm letting go of the night job. I'm not going in this weekend. They are behind on paying me and shit, and it's a lot of work. Like, we shouldn't have to clean up after. That's what I tip out the bus boys for and they suck.
Response from Charles -- oh, no. Second message from Katie. I've been leaving, like, 5:30, 6:00, and by the time I get home and take a shower, I hear my kids getting up and asking for me.
JUDGE HANKINSON: And what does that relate to?
MR. DECOSTE: So they've entered in a message, and specifically in that message it's talking about the fact that Thursdays are the longest days. And it's intermingled in one of the exhibits they brought out. Not only it's relevant because it talks about the fact that she's working a night job until 5:30, six o'clock in the morning. But it also explains why Thursdays are the longest nights. They just opened up the door.
JUDGE HANKINSON: what does that have to do with anything?
MR. DECOSTE: what do you mean? well, that's the job --
JUDGE HANKINSON: I thought you were talking about -- payments is what we've been talking about here.
MR. DECOSTE: This is on a different topic. I just thought to bring them all at once.
JUDGE HANKINSON: I don't recall them getting into that topic. what do you say they got into?
MR. DECOSTE: So in one of the exhibits they have, there's a line of evidence that Thursdays are the longest days. The meaning for that, Thursdays being the longest days, is that those are the days where she's working at night and then the next morning getting up and going to work. whereas, if she's working Friday and Saturday nights, she can, many times, sleep late.
JUDGE HANKINSON: I don't recall them getting into that. But anyway, is that it?
MR. DECOSTE: Yes, Your Honor. This is already in.
JUDGE HANKINSON: AI1l right.
MS. NORRIS: So, for starters, I have no objection to Defense Exhibit 19.
JUDGE HANKINSON: Okay.
MS. NORRIS: My issue, Your Honor, is to Defense 17, 18, and 37. Number one, they're entirely out of the time frame for which I have introduced text messages. I introduced text messages when, based on the evidence and Ms. Magbanua's own testimony, she was back with Sigfredo Garcia and was no longer with Charles Adelson.
During all of these three messages, they are right around the time of the murder. She has every motivation to say things that will assist her case and make her look innocent. It is self -- it is the definition of self-serving hearsay. They are being offered for their truth by the defense to show that they are -- this is exactly like the wire calls that the defense intended to introduce, that she was planting seeds that she was doing work for Mr. Adelson. They are outside the time period of any of the messages I looked at --
JUDGE HANKINSON: what is the difference in time period?
MS. NORRIS: So the ones I did, I think the earliest I have were May of 2015, when we know she got back with him at the Pacquiao fight. These are all from -- Defense Exhibit 17 is from November 2014.
MR. DECOSTE: So it's before.
MS. NORRIS: It's during the time that she's with him after the murder.
This -- Defense Exhibit 18 is from December 2014. And then Defense Exhibit 37 is from August of 2014. All of them -- I'd also go further.
They're arguing their evidence that she did in fact pay him back. She's saying, well, I'll pay you back. It's a loan. There is no proof that she, in fact, paid him back. So I think under 403, the probative value is nil, especially when she has every motive to say something self-serving, know that -- knowing that they've committed the homicide together in 2014, and he's paying her for things that she has to make up recent...
MR. DECOSTE: Multiple responses. And, Your Honor, first, my position --
JUDGE HANKINSON: I'll admit -- okay.
MS. NORRIS: what was...
JUDGE HANKINSON: Then there's 20. I still don't understand how it fits in with anything that's been presented.
MR. DECOSTE: Because of the message at the end -- well, in the whole case or through this witness?
JUDGE HANKINSON: At any point.
MR. DECOSTE: They've argued vehemently in this case that she was not working a night job. That's her talking about having quit a cash tip paying job, paying out the busboys, and leaving at 5:30, 6:00 in the morning, which is consistent with her working at the nightclub.
MS. NORRIS: That has nothing to do with what I asked Sergeant Corbitt under oath.
JUDGE HANKINSON: I'll Sustain the objection as to that.
(off-the-record discussion.)
MS. NORRIS: Also, since we're sidebar, the State would like to readdress the admissibility of jail -- of the wire call J.
Based on Ms. Magbanua's testimony, we believe it's proper rebuttal. She has testified she had no knowledge of or involvement of this murder. Yet we have, after the Dolce Vita meeting between Charles Adelson and Katherine Magbanua, he returns to call his mother and let her know that I just hung up with my friend. She's going to sleep on some stuff, and then she's going to come tomorrow, either to my place, and see how it settles. we've thought about it. Yeah. So I will talk to her tomorrow.
JUDGE HANKINSON: It's not a relevance objection. It'sa hearsay objection.
MS. NORRIS: The foll -- the following -- or statement from Donna Adelson was, do you think that she'll be okay if everything will be good for her?
Response: Yeah, yeah. I've told her. So --
JUDGE HANKINSON: what is your new response to hearsay?
MS. NORRIS: Because Charlie Adelson's comments directly reflect what his understanding of Katherine Magbanua's relation -- what she relayed to him.
JUDGE HANKINSON: That goes to relevance. I agree it's relevant, but it's still hearsay. So I'm not going to revisit that objection. All right.
(Sidebar discussion concludes.)
JUDGE HANKINSON: Go ahead, Mr. DeCoste.
MR. DECOSTE: Thank you, Your Honor.
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, you were presented some exhibits talking about loans from Charles Adelson, right?
MR. DECOSTE: I'm handing you what's been pre-marked -- and we'll go through the other one, too.
Pre-marked as Magbanua 18. You know what that is, right?
CHRISTOPHER CORBITT: Yes, sir, I do.
MR. DECOSTE: It's another printout from Charles Adelson's iCloud information through the Cellebrite reader?
CHRISTOPHER CORBITT: That is correct.
MR. DECOSTE: And you know that that's his, because you know the cellebrite reader, and you know his information, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And that fairly and accurately depicts what you would see if you logged into one of your computers, pulled up the --
JUDGE HANKINSON: You don't need to say the same thing five different times, Mr. DeCoste. Let's just get to the questions.
MR. DECOSTE: Move in Defense 18, Your Honor.
JUDGE HANKINSON: It will be admitted.
(Defendant Magbanua's Exhibit No. 18 received in evidence.)
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, if you could, for me, first explain who the parties are in this text message and the date.
CHRISTOPHER CORBITT: Certainly. The date at the top we see would be December 2nd of 2014. And the participants, we see Mr. Adelson's number and Ms. Magbanua's number.
MR. DECOSTE: when was the murder, again?
CHRISTOPHER CORBITT: In July of 2014.
MR. DECOSTE: So this would be several months later.
CHRISTOPHER CORBITT: It would, yes.
MR. DECOSTE: Can you read that message?
CHRISTOPHER CORBITT: I can. By the way, I need a favor. whenever you get a chance, I need to borrow from you.
MR. DECOSTE: Response and who it's from?
CHRISTOPHER CORBITT: From Mr. Adelson.
MR. DECOSTE: And what's the response?
CHRISTOPHER CORBITT: No prob. Call you tonight.
MR. DECOSTE: And what's next?
CHRISTOPHER CORBITT: Thanks, buddy. You know I'll pay you back.
MR. DECOSTE: Is that a thumbs up emoji?
CHRISTOPHER CORBITT: It is, yes.
MR. DECOSTE: And that's a response from Katherine Magbanua to Charles Adelson?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And does Mr. Adelson respond? And, if so, how does he respond?
CHRISTOPHER CORBITT: He does with, no worries. I know you're good for it.
MR. DECOSTE: Is that the entirety of this exhibit?
CHRISTOPHER CORBITT: It is, yes.
MR. DECOSTE: Now, of course, you wouldn't know if he actually did lend her money, how much the amount was, whether it was paid back. You wouldn't know that information, right?
CHRISTOPHER CORBITT: I would not.
MR. DECOSTE: Handing you what's been pre-marked as Magbanua's 17. Another Cellebrite reader printout?
CHRISTOPHER CORBITT: It is, sir, yes.
MR. DECOSTE: Move in what's been pre-marked as Defense 17.
JUDGE HANKINSON: It will be admitted.
(Defendant Magbanua's Exhibit No. 17 received in evidence.)
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, with your assistance, if we could do the same thing, date and parties.
CHRISTOPHER CORBITT: we see the date of this being November 18th of 2014. And the parties, again, Mr. Adelson and Ms. Magbanua.
MR. DECOSTE: Is this now closer to the day of the murder?
CHRISTOPHER CORBITT: This will be after the date of the murder.
MR. DECOSTE: well, in relation to the last exhibit that we had.
CHRISTOPHER CORBITT: Yes. I believe so.
MR. DECOSTE: So this is a couple months after the murder date.
CHRISTOPHER CORBITT: Four months after. Yes.
MR. DECOSTE: If you could read Katherine's message to Charles Adelson.
CHRISTOPHER CORBITT: OMG. I have a bad and bad news. FML. I have to take it back tomorrow, but the parts alone are expensive for both. So I need a loan, buddy. With a --
MR. DECOSTE: Frown face.
CHRISTOPHER CORBITT: -- frowny face.
MR. DECOSTE: Another message from Katherine to Charles?
MR. DECOSTE: If you can...
CHRISTOPHER CORBITT: I can.
MR. DECOSTE: If you can read it and sound out that first word for us?
CHRISTOPHER CORBITT: wah. Imagine if I took it to another mechanic.
MR. DECOSTE: Response from Charles Adelson?
CHRISTOPHER CORBITT: I just texted Sully my Cc.
MR. DECOSTE: would you -- in your lay opinion, would that be a credit card?
CHRISTOPHER CORBITT: It's -- it would be consistent. Yes.
MR. DECOSTE: And is this another message from Charles Adelson to Katherine?
CHRISTOPHER CORBITT: It's from Charles Adelson. I can tell that but there's not a to from this.
MR. DECOSTE: And if you can read the message.
CHRISTOPHER CORBITT: I'm in surgery and I have already texted him a pic of the card. I know you will pay me back. I trust you.
MR. DECOSTE: All right. So the time of this is 3:20:05. And I know that's UTC time, so it's off. we could, we could add, what, two hours to that, so it's 5:20?
CHRISTOPHER CORBITT: Actually, that seems to indicate a UTC minus six. we are -- well, at that time, we would be UTC minus five. So we need to take an hour from that.
MR. DECOSTE: Off Daylight Savings?
MR. DECOSTE: I forgot about that one. All right.
And if you could explain to me the difference in time between the, I just texted Sully my credit card. Is that about ten minutes?
CHRISTOPHER CORBITT: It is, yes.
MR. DECOSTE: And the prior message is from Katherine and is about five minutes?
MR. DECOSTE: Do you have any reason to believe that the responses from Charles Adelson were not in response to Katherine Magbanua?
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: And, again, you don't know what, if anything, was done.
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: You may or may not have text messages from Charles Adelson to Sully with respect to, you know, sending over the credit card and making the payment?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: You remember being asked questions about whether or not Katherine Magbanua did work for Charles Adelson. You remember that, right?
CHRISTOPHER CORBITT: I don't recall specifically how much I was asked about that but...
MR. DECOSTE: we'll go to a next topic.
CHRISTOPHER CORBITT: Okay.
MR. DECOSTE: I'm handing you what's been pre-marked Defense 19. It's another Cellebrite printout for Charles Adelson, right?
CHRISTOPHER CORBITT: Yes, sir. It is.
MS. NORRIS: Move in what's been pre-marked as Magbanua 19.
JUDGE HANKINSON: It will be admitted.
(Defendant Magbanua's Exhibit No. 19 received in evidence.)
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, do you remember tooth whitening?
MR. DECOSTE: Do you need me to pull up the exhibit? You remember it?
CHRISTOPHER CORBITT: I do not need you to pull it up. I do remember it.
MR. DECOSTE: All right. Date on this, January 7, 2015?
CHRISTOPHER CORBITT: Yes, it is.
MR. DECOSTE: Katherine Magbanua to Charles Adelson?
CHRISTOPHER CORBITT: It is. Yes.
MR. DECOSTE: And the message, nice seeing you. I love your parents. They are too cute. And what looks like a face with sunglasses?
MR. DECOSTE: Your Honor, I promise I'm not trying to make it difficult to see. It's just a little grainy.
BY MR. DECOSTE:
MR. DECOSTE: Response: Your dad is the -- now, is that somebody not wanting to spell out a bad word?
CHRISTOPHER CORBITT: It would appear so. Yes.
MR. DECOSTE: Your dad is the shit. I've never had anyone work on me so fast. And I'm not in pain. He's awesome.
And that's from Katherine Magbanua to Charles Adelson?
CHRISTOPHER CORBITT: It is. Yes.
MR. DECOSTE: And the day is January 2015?
CHRISTOPHER CORBITT: January 8th. Yes.
MR. DECOSTE: From these messages and your lay opinion, does it appear like she's had some dental work done?
CHRISTOPHER CORBITT: It would appear so. Yes.
MR. DECOSTE: Message from Katherine to Charles Adelson, like, I'm not scared to get work done. He was so fast, and he was too funny when he was working on me. And that's a complete exhibit, right?
CHRISTOPHER CORBITT: It's all the pages that you have. Yes, sir.
MR. DECOSTE: Now, again, the date of that is January 8th, right?
CHRISTOPHER CORBITT: It is.
MR. DECOSTE: I'm going to show you now Defense Exhibit 13. And if you could read for me the date of that charge and where it was charged to.
CHRISTOPHER CORBITT: It appears to be January 8th of 2015. And it would be the Adelson Institute, Tamarac, Florida.
MR. DECOSTE: Possibly paying for the dental work that she just was referencing in the text message.
CHRISTOPHER CORBITT: Possibly.
MR. DECOSTE: Let's go to Sully now. Do you know when Sigfredo Garcia met Sully?
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: Do you know when Charles Adelson met Sully?
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: During the course of this case there's been talk about burner phones and additional phones. Do you know if Sigfredo Garcia had an additional phone?
CHRISTOPHER CORBITT: He did have an additional phone. Yes.
MR. DECOSTE: Do you know how many?
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: Do you know whether he had Sully's number stored in any of those phones you don't know about?
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: what about Charles Adelson? Any idea how many burner phones he has, if any?
MR. DECOSTE: whether Sully's number is saved in any of those?
MR. DECOSTE: with the phones that you do have, did this prosecution ever ask you to do any of the maps, seeing if anybody was in the same location at the same time?
CHRISTOPHER CORBITT: Yes. With all the phones that we have, we did a lot of seeing who was where, at different times.
MR. DECOSTE: what about phone number for Sully, the 954 number?
MR. DECOSTE: Has anyone at your police department -- at the Tallahassee Police Department ever gone and interviewed Sully?
CHRISTOPHER CORBITT: Not that I'm aware of.
MR. DECOSTE: One brief second, Your Honor.
(off-the-record discussion.)
MR. DECOSTE: I'm being told I'm done. Thank you, Your Honor.
JUDGE HANKINSON: Redirect.
REDIRECT EXAMINATION BY MS. NORRIS:
MS. NORRIS: So based on the text messages, combined with the bank records you just saw, it would appear Katherine Magbanua was paying Harvey Adelson for work that he did.
CHRISTOPHER CORBITT: That's correct. Yes.
MS. NORRIS: with respect to Sully's phone number, in response to Mr. DeCoste's questions, in the text messages, Katherine Magbanua had to send and give Sigfredo Garcia that number.
CHRISTOPHER CORBITT: That is correct. She did.
MS. NORRIS: And the 954 number is a business number?
CHRISTOPHER CORBITT: It appears to be. Yes.
MS. NORRIS: Thank you, Judge. No further questions.
JUDGE HANKINSON: Any juror have a question of this witness?
All right. You can step down.
call your next witness.
MS. CAPPLEMAN: No further witnesses in rebuttal, Your Honor.
JUDGE HANKINSON: All right. Let me see the lawyers at sidebar, please.
(witness exits; sidebar discussion held as follows):
JUDGE HANKINSON: So I propose we send the jury home for the night, we do our JOA motions, we have our charge conference, and we start with instructions and closing first thing in the morning. Anybody else have a different plan?
MS. CAPPLEMAN: Does it matter?
JUDGE HANKINSON: well, I always listen.
MS. CAPPLEMAN: No, I do not.
JUDGE HANKINSON: 3:30, just think it's --
MS. CAPPLEMAN: I know.
JUDGE HANKINSON: -- too late to --
MS. CAPPLEMAN: That's fine.
JUDGE HANKINSON: -- start into closings. All right. Everybody's okay with it?
MR. ZANGENEH: Yes, Judge.
JUDGE HANKINSON: AI1l right.
MR. DECOSTE: Yes, Your Honor. Thank you.
JUDGE HANKINSON: All right.
(sidebar discussion concludes.)
JUDGE HANKINSON: Okay. So that means you've heard all the testimony you're going to hear. The next thing I'm going to do is speak with the attorneys. We've got some legal work to do. we do provide jury instructions to you in writing. So we have to get that finalized. There's no sense y'all sitting in the jury room while we do that. The next thing that's going to happen is I'm going to instruct you on the law and you'll hear closing argument from the attorneys. we'll start that -- with that first thing in the morning.
when you come tomorrow, you need to pack a bag for an overnight stay. If deliberations are not concluded, we will be putting you up in a hotel tomorrow night. So bring a bag with you with enough for an overnight stay. You know, you won't be totally isolated. I mean, you'll be able to call home and so forth, but you will be sequestered so that we can make sure nothing untoward happens now that we're almost to the end of things.
So, again, tomorrow, 8:45. And throw a bag in the car or bring a bag with you with enough for an overnight stay and if you want a change of clothes for the next day, a change of clothes.
So anybody have questions about what's going on or what's expected of you? And, I mean, you may well resolve it tomorrow. But if you don't, the rules require you be sequestered until we get a verdict. Yes, ma'am.
JUROR: So we will be sequestered for the weekend if we don't reach a verdict?
JUDGE HANKINSON: For the what?
JUROR: For the weekend if we don't reach a verdict?
JUDGE HANKINSON: If you don't reach a verdict. But, I mean, we're -- you're going to have this tomorrow afternoon. You're going to have that and as long as you want Thursday night. Then you're going to have Friday. I mean, I think the likelihood of that is not great. But generally by that long a time, jurors either decide or decide they can't decide.
So, you know, I mean, is that a possibility? I guess it's a possibility, but that would be up to y'all to tell me that it would be fruitful for you to continue or you've reached an impasse. So that's -- I mean, I just don't see that as highly likely. But if, you know -- that, again, once we get into deliberations, it's really up to y'all, not up to me to decide how things proceed from there.
Any other questions? So I would -- I guess what I'm trying to say is don't worry about that a whole lot. That's a very slim possibility there.
Anything else? So we'll worry about one night at a time. All right? Anything else? If not, we'll see y'all at 8:45 tomorrow. Same plan.
(Jury exits.)
JUDGE HANKINSON: All right. Everybody be seated. Garcia, do you want to be heard on motion for judgment of acquittal?
MR. ZANGENEH: Yes, Judge. At this point I believe the standard has changed, and I believe that no reasonable juror could find my client guilty beyond a reasonable doubt, especially given Ms. Magbanua's testimony with regards to whether or not there was a conspiracy, whether or not she solicited this purported crime from my client. And there's been no new evidence brought out with regards to the actual murder itself. So I will renew -- and, also, I will renew all my previous objections and motions, Judge.
JUDGE HANKINSON: All right. I deny the motion for judgment of acquittal as to Garcia and have no change in any motions as far as I'm aware of.
Ms. Kawass.
MS. KAWASS: Thank you, Judge. We -- on behalf of Ms. Magbanua, we do renew all previous motions and objections and at this point, since the State has rested.
And so, as the defense, we would make our second motion for judgment of acquittal as to the three charges. As Mr. Zangeneh has said, the standard has now changed. And it's our position that based on the evidence presented against Ms. Magbanua that no reasonable jury could find her guilty of all three crimes charged. And we do rely on the same case law and the same definitions as I did for my first JOA in terms of circumstantial evidence in reference to Rocker v. State.
And it's my position that Ms. Magbanua, the only evidence against her in terms of her involvement in this comes from Luis Rivera. And he was impeached so badly that no one could find him to be a credible juror. It would be our position that the State -- that the evidence presented in this case is not sufficient to go back to the jury. we'd ask that you grant our judgment of acquittal as to all three counts, Judge.