Katherine Magbanua — Direct/Cross/Redirect
2,795 linesJUDGE HANKINSON: Do you have any outstanding motions or issues we need to deal with?
MS. CAPPLEMAN: Not from the State.
MR. ZANGENEH: Not from Mr. Garcia.
JUDGE HANKINSON: Mr. DeCoste.
MR. DECOSTE: Something we can raise now before we call the first witness of the morning. Save a sidebar for the jury. Plan to call Sherry Bennet. Sherry Bennett had a phone call with Jessica Rodriguez. They discussed what happened in July 19.
MR. DECOSTE: I know your honor remembers, but just in case, Jessica Rodriguez is the girlfriend to Luis Rivera. Luz Rivera says that himself, Jessica Rodriguez, Katherina Magbanua, and Sigfredo Garcia are together in a home on the morning of July 19.
MR. DECOSTE: We're not trying to prove the truth of any of that. We deny that it ever happened.
MR. DECOSTE: In the phone call that Sherry Bennett has with Jessica Rodriguez, Jessica makes clear that Luis Rivera was not there when this alleged meeting happened. I intend to call Sherry Bennett to impeach this testimony of Luis Rivera in a statement that was received by Jessica Rodriguez.
MR. DECOSTE: I'm not introducing it for the truth of the matter. I'm not trying to establish that there was a meeting in between Jessica Rodriguez, Sigfredo Garcia, and my client, Katherine Magbanua. But it would be for the purpose of impeaching Luis Rivera.
MS. NORRIS: Yes, sir. It seems like what the defense is attempting to do here is to impeach a witness that has not testified in this case — Jessica Rodriguez. I think it's inappropriate to impeach Luis Rivera's testimony with a hearsay statement within Sherry Bennett's testimony. They're essentially trying to use something that Jessica Rodriguez said to Sherry Bennett, which is hearsay, to impeach Luis Rivera, and that would be inappropriate.
JUDGE HANKINSON: I agree. I sustain the objection. Anything else?
JUDGE HANKINSON: What's the defense plan? Have y'all decided what you're doing?
MR. DECOSTE: We're going to need to figure that out before the jury comes in, because this changes things, right?
JUDGE HANKINSON: Have you — has your client decided whether she's testifying or not?
MR. DECOSTE: One second, Your Honor.
MS. KAWASS: Your Honor, I met with Ms. Magbanua last night, and he spoke with her, and she is going to be testifying.
JUDGE HANKINSON: Okay. All right. Let's talk about that. Let's plan on scheduling.
JUDGE HANKINSON: Is the State thinking you'll have rebuttal?
MS. CAPPLEMAN: Yes, sir. So far we know of one rebuttal witness.
JUDGE HANKINSON: Make sure you have them available. We don't want to delay. Mr. Zangeneh?
MR. ZANGENEH: So, my concern, but, give me a second. Let me confer with my client.
MR. ZANGENEH: Judge, with the Court's permission, before Ms. Magbanua testifies, I'm gonna have to do a little bit of research. I may address Mr. Garcia's position with regards to a renewed motion to sever.
JUDGE HANKINSON: Try to deal with it when it comes. You'll certainly be heard at the appropriate time. But let's talk about scheduling. How would y'all propose we proceed from here? I assume we're going to finish the testimony maybe early afternoon today. Propose we proceed — I suppose it would be to close this afternoon and let the jury go home.
MR. ZANGENEH: Obviously, if we're late in the afternoon, based on how long it is, I don't know how long the court's going to keep the jurors for. I'll defer to the court.
MR. DECOSTE: I've never been given a jury to close an argument than basically sending them home.
MR. DECOSTE: What I would ask is that we're allowed to close tomorrow. I think that it could be more concise, and that it wouldn't take up two hours of time, that it's done more or less on the fly today after testimony. I also stand in a different position, because I would be going third. The State would go — let's say they go an hour and a half, co-defendant counsel goes about an hour and a half. I don't want to be closing at five o'clock in the afternoon to a jury who already appears to be very, very tired. I would want them to be attentive. I also have the additional concern that there may be somebody who's observing Yom Kippur today, and they are not eating, and they're fasting today. And I think that that will decrease their level of attention.
MR. DECOSTE: I just don't want to be closing at five o'clock at night on a massive case like this, Your Honor.
JUDGE HANKINSON: Let's talk about deliberations.
JUDGE HANKINSON: The State — and the jury be sequestered and deliberations are not concluded.
JUDGE HANKINSON: It sounds like jury deliberations are gonna be tomorrow regardless.
JUDGE HANKINSON: What's your position, Mr. Zangeneh, on whether you're going to insist on the jury being sequestered overnight if they don't reach a verdict?
MR. ZANGENEH: I'll be asking for sequestration during deliberation.
JUDGE HANKINSON: What about the State?
MS. CAPPLEMAN: I'm not requesting it, Judge. I'll defer to, Your Honor.
JUDGE HANKINSON: We need to — under the rule, he has that entitlement. So if he's not seeking it, we'll need a waiver from him. Have you had a chance to explain that to him, Mr. Zangeneh?
MR. ZANGENEH: I have not. I have not.
JUDGE HANKINSON: I'll give you a minute to do that. Rule 3.370 says, during — during deliberations, unless sequestration is waived by the State, the defendant — in all capital cases in which the death penalty is sought by the State — basically once they start deliberation. So I'll give you a few minutes to talk to him about that, please.
JUDGE HANKINSON: It'd simplify things if we don't have to sequester them, but if we do, we need to make prior arrangements to do that. I'll give you some time to talk with him. Anything else from either side? Okay, well, let's — let's reconvene at nine o'clock. We'll get his position on that, and we'll start with the jury. All right.
MS. NORRIS: In light of the defendant, Ms. Magbanua, in this case, the State is requesting that Sgt. Christopher Corbitt be allowed to be present in the courtroom during her testimony pursuant to the statute, 9.616. If a witness whose presence is shown by the party to be essential to the presentation of our case, they can be excused from the rule.
MS. NORRIS: The case law states, especially if there's no prejudice to the defense. In this case, Ms. Magbanua, if she's testifying, may give various dates, times, locations regarding her activities over a significant length of time, particularly June and July of 2014.
MS. NORRIS: If Sergeant Corbitt's able to hear those exact dates, times, locations that I might not be able to effectively keep track of, he would be able to then look at the data and determine if there's anything he could use to rebut those — that testimony.
MS. NORRIS: His testimony would be limited to the records. He can't change the records. They are what they are. So I don't think his presence would be prejudicial to the defense in this case. And we think that would be essential to rebut any potential testimony by Ms. Magbanua.
JUDGE HANKINSON: Magbanua.
MS. KAWASS: Yes, Your Honor, thank you. Ms. Magbanua is not an expert. I will not be offering her as an expert. That is my understanding of that rule — is to allow, that's why we have no problem with him sitting in when Mr. Sawicki testified, because he can then apply or give his expert testimony based on another expert. Him sitting in on Ms. Magbanua is completely inappropriate.
MS. KAWASS: If the State wants to attack dates or times that we bring out, they can tell him which dates there are.
JUDGE HANKINSON: I agree. I'm not going to allow it. Anything else?
MS. KAWASS: No, sir.
JUDGE HANKINSON: All right. We ready for a jury?
MS. KAWASS: Yes.
JUDGE HANKINSON: Do you have your witness in the courtroom?
MS. KAWASS: Yes, sir.
JUDGE HANKINSON: All right. Let's have the jury.
BAILIFF: All rise for the jury.
JUDGE HANKINSON: Good morning, folks. Thank you for being back here this morning.
JUDGE HANKINSON: Everybody be seated, please. You may call your next witness.
MS. KAWASS: Your Honor, at this time the defense calls Katherina Magbanua to the stand.
JUDGE HANKINSON: If you would face the clerk on this one, please, ma'am.
COURT CLERK: Thank you, sir. Do you solemnly swear or affirm that the testimony given is based on the truth?
KATHERINE MAGBANUA: I do.
JUDGE HANKINSON: Thank you. Have a seat and slide up the microphone, please, ma'am.
JUDGE HANKINSON: You may proceed.
MS. KAWASS: Thank you, Your Honor.
MS. KAWASS: Good morning, Ms. Magbanua.
KATHERINE MAGBANUA: Good morning.
MS. KAWASS: I'm gonna ask that if you can get closer to the microphone. If at any point I feel like you might be too low, the court might instruct you just to speak a little louder. Yes, ma'am. And could you please introduce yourself to the jury and spell your name for the court reporter?
KATHERINE MAGBANUA: Good morning. My name is Katherine Magbanua. K-A-T-H-E-R-I-N-E. Magbanua. M-A-G-B-A-N-U-A.
MS. KAWASS: Now, Ms. Magbanua, before you took the stand today—
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: —you and I had a discussion. You understand that you do not have to testify today?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is it completely your decision to take the stand today?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. Now, how are you feeling?
KATHERINE MAGBANUA: Nervous.
MS. KAWASS: Okay. Now, if I'm going too fast, just let me know and I'll try and slow down. All right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And I'm just going to go — I'm going to take you back right now. Well, let's ask the most important question. Did you have anything to do with the murder of Dan Markel?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you get the father of your children, Mr. Garcia, to commit a murder on behalf of Mr. Charlie Adelson?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Now, I'm going to take you all the way back — not too far back, okay — but to around the area of 2013.
KATHERINE MAGBANUA: 2013. Yes, ma'am.
MS. KAWASS: Okay. Now, when is the first time that you met Charlie Adelson?
KATHERINE MAGBANUA: I was working at a dental office in South Beach, and it was Sophie Dental.
MS. KAWASS: Okay. Now, what does Sophie stand for?
KATHERINE MAGBANUA: South of Fifth, I believe.
MS. KAWASS: Okay. And that would be on Miami Beach, you said?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And at that time in 2013, what were you doing at Sophie Dental? What was your job description?
KATHERINE MAGBANUA: I was working in front desk, receptionist, and insurance verification — like clerical work for the office.
MS. KAWASS: Okay. It didn't require you to have any specialized knowledge in dentistry?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did Charlie Adelson work at Sophie Dental?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, was he an employee of Sophie Dental, or was he like a subcontractor?
KATHERINE MAGBANUA: A subcontractor. He was a specialist.
MS. KAWASS: Now, explain what that — you know, how it is that he works with Sophie Dental being a specialist.
KATHERINE MAGBANUA: We have a periodontist, and we would just schedule him out whenever there's patients that needed to be seen by a specialist — whoever needed his specialized services. Yes, ma'am.
MS. KAWASS: All right. And you said — what kind of dentist was he?
KATHERINE MAGBANUA: A periodontist.
MS. KAWASS: Do you remember the first time you ever actually met?
KATHERINE MAGBANUA: Um, not to my knowledge, no. Like, he walked into the office, but the girls just told me he's one of the specialists.
MS. KAWASS: Okay. Now, how is it that you two started to communicate outside of the work arena?
KATHERINE MAGBANUA: Um, I believe he was asking a couple of the girls, you know, if I was single, and then he just took down my number — or he, I think, put his number on my phone. I told him, I already have your phone number, because the doctors tell us to, you know, text to see if they can call the office and then schedule out patients for them, or whatever their schedule is and availability.
MS. KAWASS: At this time, are you broken up with Mr. Garcia?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Are you living with him?
MS. KAWASS: He's — you've already kicked him out of the house?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, moving over to Mr. Garcia — how long have you known Mr. Garcia?
KATHERINE MAGBANUA: A little over 15 years.
MS. KAWASS: How did you meet Mr. Garcia?
KATHERINE MAGBANUA: Through mutual friends. Like, we just hung out one day. I don't know, I don't remember.
KATHERINE MAGBANUA: It was so long ago. I was young.
MS. KAWASS: Did you guys meet in high school?
KATHERINE MAGBANUA: No, it was after high school.
MS. KAWASS: You didn't go to the same high school as Mr. Garcia?
MS. KAWASS: No.
MS. KAWASS: Now, were you a teenager when you started dating?
KATHERINE MAGBANUA: Yeah, I was 18, 19, I believe.
MS. KAWASS: Okay. Do you have any children?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How many children do you have?
KATHERINE MAGBANUA: Two.
MS. KAWASS: Okay. How old are they now?
KATHERINE MAGBANUA: They're 12 and 7.
MS. KAWASS: Your son is 12?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And your daughter is 7?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is Mr. Garcia the father of both of your children?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you go to college?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What college did you go to?
KATHERINE MAGBANUA: University of Central Florida.
MS. KAWASS: Where is that located?
KATHERINE MAGBANUA: That's in Orlando.
MS. KAWASS: Did you get your degree?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What degree did you get?
KATHERINE MAGBANUA: In health services administration.
MS. KAWASS: Now, while you were in college, is that when you became pregnant with Ethan?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Was Mr. Garcia living with you in Orlando?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: By that time he moved up to be with you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And the baby?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And after you graduated, did you remain in Orlando?
KATHERINE MAGBANUA: I believe only for like a couple of months, but I went back down to Miami because I needed to start working and he needed a babysitter for my son.
MS. KAWASS: Now, how would you describe your relationship with Mr. Garcia at the time that you were living in Orlando?
KATHERINE MAGBANUA: It was great.
MS. KAWASS: No problems at that time?
KATHERINE MAGBANUA: No problems.
MS. KAWASS: So you moved back to Miami?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: What family do you have that lives in Miami?
KATHERINE MAGBANUA: My mom and my dad, and one of my brothers was still living down there.
MS. KAWASS: And when you moved back, were you living with your mom? Or where was she living?
KATHERINE MAGBANUA: When I moved back down, I believe I stayed a little bit with Sigfredo's sister.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: Well, he was taking care of stuff in Orlando until he moved back down, and, you know, I lived in the apartment.
MS. KAWASS: Do you remember where that apartment was in 2013?
KATHERINE MAGBANUA: Around the same area, like North Bay Village.
MS. KAWASS: And that's in Miami-Dade, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you and Mr. Garcia get married?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Do you consider him your husband?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Why didn't you get married to Mr. Garcia? Why didn't you guys get married?
KATHERINE MAGBANUA: I mean, we'd been dating for such a long time, so when I think initially we were going to finally get married, that's when things kind of started getting bad.
MS. KAWASS: Now, when you say things started getting bad, are you talking about your relationship with Mr. Garcia?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What do you mean by things were getting bad?
KATHERINE MAGBANUA: No, we were just fighting a lot, and just boyfriend girlfriend stuff, I guess.
MS. KAWASS: Were there any specific issues you were having with Mr. Garcia?
KATHERINE MAGBANUA: Well, yeah.
KATHERINE MAGBANUA: I mean, I guess I went through his phone one day, and it's like I just started seeing stuff that I wasn't happy about.
MS. KAWASS: Okay. Okay.
MS. KAWASS: Would it be fair to say that you found other women's contact information?
KATHERINE MAGBANUA: Yes, ma'am.
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Overruled.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you have a suspicion he was cheating on you?
KATHERINE MAGBANUA: Yes, ma'am.
MR. ZANGENEH: Judge, objection. Can we come sidebar, Your Honor?
JUDGE HANKINSON: Yeah, we can go sidebar.
MS. KAWASS: Now, we talked about when things start to become rocky with your relationship with Mr. Garcia. Now, when did you and Mr. Garcia officially have a big breakup — like when, as in like the year? So let me do this. Was it fair to say you guys were constantly breaking up and getting back together?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: In 2013, when you met Charlie Adelson, you and him had broken up officially?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And that's the first time you actually kicked him out of your house, or your home?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Do you — in 2013, when did that breakup happen in relation to you working at Sophie Dental, so we can just have a general idea of when that happened?
KATHERINE MAGBANUA: Um, I believe like towards the end of the year.
MS. KAWASS: Let me ask you this. When was Kaylee born? When was her birthday?
KATHERINE MAGBANUA: May. May 30th.
MS. KAWASS: Okay. May 30th of what year?
KATHERINE MAGBANUA: 2012.
MS. KAWASS: All right. When Kaylee was born, were you and Mr. Garcia still together?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: When she had her first birthday, were you still together?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But you know you broke up with him before you met Charlie Adelson in late 2013?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You can't give me a specific date?
MS. KAWASS: Did a specific incident occur that caused you to break up with him?
KATHERINE MAGBANUA: I believe so, yeah. There was a phone call where his phone kind of called me by accident. I kind of overheard him talking about something to one of his friends about a girl, maybe, and I was just — I was done.
MS. KAWASS: And when you were done — he was living with you at the time, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Who was liv— who else was living in your home?
KATHERINE MAGBANUA: My mom.
MS. KAWASS: Okay. And so after he was kicked out, it's just you, your mom, and your kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Was this a serious separation?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: At this time?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Did Mr. Garcia try to get back together with you?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: How did he do that?
KATHERINE MAGBANUA: I mean, I've been with him forever, so, you know, he'd say the right things and we'd try to work it out again.
MS. KAWASS: But you never — in this time when you began dating Mr. Adelson, you never—
KATHERINE MAGBANUA: No. No, never got back together.
MS. KAWASS: Okay. How did you get the job at Sophie Dental?
KATHERINE MAGBANUA: I believe one of my high school friends was working there, but she couldn't take the hours, so she told me, oh, you'd do great in this office. So I applied and got the job there.
MS. KAWASS: All right. And at that time, what other jobs were you doing? Was it just—
KATHERINE MAGBANUA: So, I believe I was doing, like, uh, promotions.
MS. KAWASS: Promotions. You've seen a picture of you at the bar — was that the promotions job?
KATHERINE MAGBANUA: An event. One of them, yes.
MS. KAWASS: Describe to the jury what these promotions entailed.
KATHERINE MAGBANUA: Okay. We — like, I work for a certain liquor company, and then we'd go and we kind of give samples in liquor stores and just kind of get feedback from the customers on, like, what they think about the product.
MS. KAWASS: And what is your incentive to do this? Are you paid?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How are you paid?
KATHERINE MAGBANUA: Uh, we would get tips — like if we did it at a certain liquor store, that owner would, you know, allow us to get some type of tips for giving out the drinks. And also, like, I think at that time the company gave me checks.
MS. KAWASS: Okay. So it could be checks, but you know for certain you were getting cash?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you remember how much you would average, make at these promotions?
KATHERINE MAGBANUA: Not at that time, no.
MS. KAWASS: Was it ever something that was stable, or is it something that fluctuated?
KATHERINE MAGBANUA: It fluctuated.
MS. KAWASS: Now, when Mr. Adelson — Charlie Adelson — started calling you, was it clear to you that he wanted something more than a friendship?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Did he make that clear to you?
KATHERINE MAGBANUA: I mean, I assumed.
MS. KAWASS: And by that I mean, he didn't beat around the bush about his intentions of dating?
MS. KAWASS: Was he pretty upfront about his attraction?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Now, in the beginning, did you immediately start dating him?
MS. KAWASS: Did this progress over time?
KATHERINE MAGBANUA: Well, it's hard to, like, have two children, and my daughter was really — I mean, both of them were really small at that time, so I didn't really — I don't have that luxury to just go out whenever I can.
MS. KAWASS: But you did eventually have a boyfriend-girlfriend relationship?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: All right. Do you remember what your first date — official date — was with him? So I'm going to try and move a little forward to another big event, to see if we can, you know, plot some times. New Year's Eve is normally a big event.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: So on this New Year's Eve in 2013, were you dating Charlie at that time?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. So did you guys go out together?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Do you remember what you did on that New Year's Eve, like where you went?
KATHERINE MAGBANUA: I think we celebrated it, like, in Hard Rock Cafe and Casino — like, there's some clubs there — and we just went with a couple friends.
MS. KAWASS: The one in Fort Lauderdale?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: The one that — and it's a Hard Rock Hotel and Casino?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: How often would you say you and Mr. Adelson were communicating around this time?
KATHERINE MAGBANUA: Daily.
MS. KAWASS: Daily. In what ways would you communicate? Could you describe for the jury?
KATHERINE MAGBANUA: Through phone.
MS. KAWASS: And what mediums would you use? Would it only be calls, FaceTime, WhatsApp? What do you remember using to call him?
KATHERINE MAGBANUA: Text messages.
MS. KAWASS: Yeah, text messaging and phone? Regular phone calls?
KATHERINE MAGBANUA: And just regular phone calls.
MS. KAWASS: Now, did you ever consider yourself boyfriend and girlfriend?
KATHERINE MAGBANUA: I mean, we never put that, you know, that label, like boyfriend, girlfriend. But yeah, I guess. I mean, we were hanging out a lot.
MS. KAWASS: And when you guys would talk to each other, you'd call each other baby?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Would you say things like, if you'd end a conversation, you'd say I love you?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: But in terms of it being a serious relationship, were you ever looking for him to move in with you?
MS. KAWASS: Was there ever any discussion about that?
MS. KAWASS: Was there any discussion ever about marriage?
MS. KAWASS: And How busy was Charlie Adelson at this time, in terms of working?
KATHERINE MAGBANUA: I think he's always busy. I think he's always — you know, he has a lot of patients, like all over Miami-Dade and Broward, and further up. I don't know how far his patients go, but he travels up and down, all through—
MS. KAWASS: The West Palm?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: All those counties, to do his specialty?
KATHERINE MAGBANUA: Correct.
MS. KAWASS: Now, did you see each other every day at that time?
KATHERINE MAGBANUA: Yeah, I don't think so.
MS. KAWASS: But you did talk every day?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: How would you describe Mr. Charlie Adelson in terms of how much he talks?
KATHERINE MAGBANUA: A lot.
MS. KAWASS: You were listening to some of the phone calls that were played, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And some of those are a fair and accurate representation of conversations that you guys had?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Seems like he goes off on a tangent sometimes?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, were you in a sexual relationship with Mr. Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But you were not exclusive with him?
MS. KAWASS: Now, I know this is going to get a little uncomfortable.
MS. KAWASS: Were you still having a sexual relationship with Mr. Garcia?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How often?
KATHERINE MAGBANUA: Whenever we would kind of get back together, I guess.
MS. KAWASS: Was it as frequent as how much you were having sex with Mr. Adelson at that time?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Describe your relationship with Mr. Garcia at the time that you're dating Charlie.
KATHERINE MAGBANUA: He was just always kind of in and out. He was around because of the kids, so — but he'd be in and out of my life.
MS. KAWASS: Did you talk to him, or try to talk to him, almost every day?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: And why was that?
KATHERINE MAGBANUA: Because of the kids.
MS. KAWASS: All right. And did you also communicate with him through text messages and phone calls?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: To your knowledge, did Mr. Garcia know about your relationship with Mr. Adelson?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Okay. Did Mr. Adelson know about your relationship with Mr. Garcia?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Did Mr. Garcia — did Mr. Adelson always support or encourage you to get back together with Mr. Garcia?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Did he always say, you know, that's the father of your kids?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Did you feel that was also a reminder to you that this wasn't anything serious with Mr. Adelson, with the way he always says that?
KATHERINE MAGBANUA: Yeah, that's why. I just knew it wasn't — it wasn't something serious. It wasn't gonna be forever.
MS. KAWASS: Now, would there be times around that time that you wouldn't be able to find Mr. Garcia?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Was that normal, that he would be missing for days at a time? When that happened and you needed to get in touch with him, would you constantly text and call his phone?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: In terms of blowing up his phone?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: I don't want — but that's the term. You were blowing up his phone?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: If you needed something from him, you weren't shy about continuously trying to get in touch with him.
MS. KAWASS: Now I'm going to try to move forward to about March of 2014.
MS. KAWASS: Did you ever meet Charlie Adelson's sister, Wendi Adelson?
KATHERINE MAGBANUA: In March of 2014?
MS. KAWASS: Well, have you ever met her?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Do you remember where the first time was that you met her?
KATHERINE MAGBANUA: Yes, ma'am. We ate, like, an early dinner.
MS. KAWASS: Okay. And was she there with someone else?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. You now know who Jeffrey Lacasse is?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And is that the person that she was at the dinner with?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And you were there with Mr. Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. The restaurant that you were eating at — were you sitting outside?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And this was late afternoon, still daylight?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you have any indication that Mr. Garcia knew that you were at that restaurant?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Sorry.
MS. KAWASS: Does it sound like a fair representation that that occurred in March of 2014?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, but you wouldn't be able to tell me what exact date that happened.
KATHERINE MAGBANUA: Yeah, I don't remember.
MS. KAWASS: Now, another big day in May is Kaylee's birthday.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right, so that's May 30th.
MS. KAWASS: This would now be in 2014, so it's her second birthday.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you remember that day?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you remember what you did for Kaylee?
KATHERINE MAGBANUA: Yeah, I had like a small little birthday party in the apartment.
MS. KAWASS: The apartment you were living at — at what location?
KATHERINE MAGBANUA: That was in Treasure Drive.
MS. KAWASS: Treasure Drive — is that on the beach, or is that—
KATHERINE MAGBANUA: It's like next to the water.
MS. KAWASS: Okay. Yeah, you saw all of the cell phone tower and the maps and where you are on that little island.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: That's the Treasure Drive location?
KATHERINE MAGBANUA: Yeah, that's North Bay Village.
MS. KAWASS: North Bay Village. Okay, thank you. So you did a small cutting of the cake. Did Mr. Garcia show up?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, so how long did he show up for?
KATHERINE MAGBANUA: Like an hour, probably. Like, it was fairly quick. I can't put a specific time, but I know he showed up for a couple pictures and then left.
MS. KAWASS: Okay. And at this time you're still dating Mr. Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Around this time, do you remember what car Mr. Garcia was driving?
KATHERINE MAGBANUA: Not that I can remember.
MS. KAWASS: Do you remember him renting any cars?
KATHERINE MAGBANUA: Not that I can remember.
MS. KAWASS: Did you take him to go rent a car at Comfort Rental by the airport?
MS. KAWASS: And you testified you didn't have knowledge of Sigfredo's day-to-day, where he was every single day?
KATHERINE MAGBANUA: Yeah, no.
MS. KAWASS: Would you ask him?
KATHERINE MAGBANUA: I can't remember at that time. Maybe I did.
KATHERINE MAGBANUA: I'd ask him, where have you been?
KATHERINE MAGBANUA: But that's it. At that time, I don't think I was asking so many questions.
MS. KAWASS: Okay, because you weren't at it?
KATHERINE MAGBANUA: Yeah. And he probably wouldn't have told me anyways.
MS. KAWASS: Now I want to talk to you about July 1st of 2014.
MS. KAWASS: Do you remember a day when Mr. Garcia confronted you and Mr. Adelson?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay, so I want to talk to you about Did Mr. Garcia come and pick up the kids from you that day?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What were your plans for that day?
KATHERINE MAGBANUA: To go out on the jet ski.
MS. KAWASS: Whose jet ski?
KATHERINE MAGBANUA: Charlie's.
MS. KAWASS: He owned jet skis?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: How many?
KATHERINE MAGBANUA: He had one. Just one.
MS. KAWASS: What car was Mr. Adelson driving at the time?
KATHERINE MAGBANUA: The Lexus.
MS. KAWASS: The Lexus that you were arrested in?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: I will get to that. So, did Mr. Garcia know that you needed him to watch the kids so that you could go out with Mr. Adelson?
KATHERINE MAGBANUA: I mean, I probably told him that I had to go out, or I had plans.
MS. KAWASS: Would you have told him it was Mr. Adelson?
MS. KAWASS: Why?
KATHERINE MAGBANUA: Because he didn't like him.
MS. KAWASS: So Mr. Garcia comes and he picks up the kids — and by kids, I mean Ethan and Katie.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What car do you remember him driving at that time?
KATHERINE MAGBANUA: I believe he had, like, a Volvo. Like an old little bucket car.
MS. KAWASS: Okay. What does that mean, a bucket car?
KATHERINE MAGBANUA: It's like a cheap car.
MS. KAWASS: Okay. Do you remember what color, or anything like that?
KATHERINE MAGBANUA: A blue, I think.
MS. KAWASS: All right. So he picks up the kids. Where did he take them, if you know?
KATHERINE MAGBANUA: He took them to go eat. Like, around the corner there's like a pizza place down the block, and he took them out to go eat.
MS. KAWASS: Now, after he picks up the kids and leaves, who comes and picks you up?
KATHERINE MAGBANUA: Charlie.
MS. KAWASS: Okay. And you get in the car with him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you guys are just gonna go and take the jet skis out?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What happens? Well, how — you pull out?
KATHERINE MAGBANUA: Mr. Adelson does.
MS. KAWASS: How far does he get away from your apartment?
KATHERINE MAGBANUA: Probably down, like, a block.
MS. KAWASS: And then what happens?
KATHERINE MAGBANUA: Sigfredo cut us off.
MS. KAWASS: Okay. In what — in the car, on the car? Now describe for the jury what you mean, cut you off. Describe for them.
KATHERINE MAGBANUA: Like, we were driving out of our parking lot and then he cut us off right in front. Like he went around us and cut us off and blocked the street.
MS. KAWASS: Did Mr. Adelson have to slam on his brakes to stop?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Were your children in the car with Mr. Garcia?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Did Mr. Garcia get out of the car?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: What was he doing?
KATHERINE MAGBANUA: Screaming in the middle of the street.
MS. KAWASS: At who?
KATHERINE MAGBANUA: At us.
MS. KAWASS: Did you guys roll down the windows?
MS. KAWASS: Do you have any idea what he was yelling?
MS. KAWASS: Was he yelling in Spanish or English?
KATHERINE MAGBANUA: I don't know.
MS. KAWASS: What did Mr. Adelson do?
KATHERINE MAGBANUA: Well, he was freaking out. He was trying to figure out how he can make a turn to go the other way around, with the jet ski, like, hitched in the back.
MS. KAWASS: Okay, so he didn't get out of the car and confront Mr. Garcia?
MS. KAWASS: Okay, he just got out of there?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Was he successful in his attempt to get away from Mr. Garcia?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Now, Mr. Garcia didn't actually physically attack the car or anything?
MS. KAWASS: Okay. Now Who is Yindra?
KATHERINE MAGBANUA: Um, like a high school friend. She's younger.
MS. KAWASS: Okay. And you saw Yindra here in court, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Ms. Mascaro?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And you and her are very close friends, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Were you both working at the clubs together?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And I want to first talk about Hollywood Life. All right, where is Hollywood Life?
KATHERINE MAGBANUA: On Hollywood Ave, I believe, in Fort Lauderdale. I believe that's, like, in the beginning of Fort Lauderdale.
MS. KAWASS: Yeah. It's not one of the clubs that — is that the Hard Rock?
KATHERINE MAGBANUA: No, ma'am, it's a separate establishment.
MS. KAWASS: Okay. How did you get the job at Hollywood Life?
KATHERINE MAGBANUA: I believe through friends. Or because I was working in another club before that, and when you work with other girls in bottle service, they kind of, like, recommend you. Like, oh, there's this other club, too, that you make good money at.
MS. KAWASS: Do you remember what the first club you started working at was?
KATHERINE MAGBANUA: F.A.T.E.
MS. KAWASS: F.A.T.E. was the first club that you were working at. Okay, so you started working at F.A.T.E. and then got another job at Hollywood Life.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, you keep saying bottle service.
MS. KAWASS: Describe for the jury what bottle service is.
KATHERINE MAGBANUA: Okay, we have, like, VIP sections, you know, in the establishment in the club, and basically we service the people in the VIP with the bottles. We take them out with the sparklers, make a big scene, like take pictures, dance a little bit, I guess, for the customers, and then just make them feel special.
MS. KAWASS: Okay. Now, part of your job is how you dress, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: It's expected of you to dress provocatively?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: With probably as little clothes as is allowed?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Without you being arrested or anything, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And that is because that's going to get you more tips, right? An average night — because you've heard a lot of testimony about how much money you made — what was a good night for you at the club?
KATHERINE MAGBANUA: A good night for me, I can walk out of there with a thousand to fifteen hundred dollars.
MS. KAWASS: No, let me ask you this. Certain nights are better than other nights, right?
KATHERINE MAGBANUA: Mm-hmm.
MS. KAWASS: So what is probably the best night of the week?
KATHERINE MAGBANUA: A Saturday. Or if there's, like, some artist or somebody that's gonna be performing in the club, you'll get, you know, people. Yes, ma'am.
MS. KAWASS: And Friday, a good day to work, too?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: It can be in the middle — it could be, like, a Wednesday night, especially if someone is making a special appearance?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Was your schedule set every week with specific days, or could you pick up and drop shifts?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: All right. How often would you work? Give me an average, because I know it wasn't the same every week. Would you work sometimes more than two nights a week?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And sometimes you would work one night a week?
KATHERINE MAGBANUA: Yeah, if we knew that it was gonna be, like, a slow month. And if we come in on a Friday and it didn't seem like we're really making much, majority of the time on Saturday, like, we'll try to trade off shifts.
MS. KAWASS: That's another thing you could do — you can trade off shifts with the girls, like, can you come in for me?
KATHERINE MAGBANUA: And, you know, they're very lenient about it.
MS. KAWASS: And that's how it is in the service industry?
KATHERINE MAGBANUA: Yes, ma'am. Everybody's picking up each other's shifts.
MS. KAWASS: Now, did you report your cash tips?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You didn't report them on any tax returns?
KATHERINE MAGBANUA: No, because they're my cash tips. I mean, none of the girls really did it.
MS. KAWASS: Okay. Now, you understand that you haven't paid taxes on that. And you do understand that you are supposed to report all of your cash so you can pay the federal government, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But you did not. Would you save up a certain amount of cash and keep it at home?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you deposit everything that you made, cash-wise, into the bank?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You did? I mean, cash-wise.
KATHERINE MAGBANUA: Yeah, like, I'd save up, you know, and then whenever I get a chance, then I would deposit it.
MS. KAWASS: Okay, so you wouldn't go, for example, like every Friday after a shift, or every Saturday?
MS. KAWASS: Okay.
MS. KAWASS: How many bank accounts do you have?
KATHERINE MAGBANUA: Two.
MS. KAWASS: How long have you had — oh, which two banks do you go to?
KATHERINE MAGBANUA: To Chase and to Bank of America.
MS. KAWASS: How long have you had two bank accounts?
KATHERINE MAGBANUA: I guess I opened—
MS. KAWASS: Okay.
KATHERINE MAGBANUA: I mean, since I was probably 16, 17.
MS. KAWASS: Okay, so you've always had two separate bank accounts, right?
KATHERINE MAGBANUA: I believe so, yeah.
MS. KAWASS: Okay, so there would be bank records dating all the way back.
KATHERINE MAGBANUA: I believe so.
KATHERINE MAGBANUA: I don't know how far back, though.
MS. KAWASS: Okay. Do you know anyone by the name of Dan Markel? Well, did you back then know someone by the name of Dan Markel?
MS. KAWASS: In 2014, you've learned that Wendi Adelson's divorce was already finalized, right?
KATHERINE MAGBANUA: I learned it here in court, yes.
MS. KAWASS: Now, when you had that meeting — well, not really a meeting, but when you had the dinner, and Ms. Adelson showed up with Mr. Lacasse?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you remember, at that time was she talking about her divorce?
MS. KAWASS: Did you know at that time that she was married or had been married?
KATHERINE MAGBANUA: Not that I can recall. I know she probably talked about her kids, because that's something, you know — they talk about my kids, and then it kind of makes conversation, like, oh, you have kids, have kids, and how old are they?
MS. KAWASS: She never went into any specifics with you about how tumultuous her divorce was?
MS. KAWASS: Did you ever exchange phone numbers with Wendi Adelson?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You guys didn't talk on the phone?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You're not friends with her?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. You knew her mostly as Charlie Adelson's sister?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Now, that time that you had that dinner in March — that's not the only time you guys hung out.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: There was another time that you hung out with Yindra, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And I think we established that that was Father's Day of that year.
MS. KAWASS: Does that sound familiar?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Why, when you heard Father's Day, you started nodding your head like, yes, that's right?
KATHERINE MAGBANUA: Well, because I saw the picture, and then when I saw the picture and they said Father's Day, I was like, okay, that's probably why I wasn't with the kids, because Sigfredo had the kids. Mr. Garcia would have had them on Father's Day.
MS. KAWASS: Okay. 2014. Well, as far as you know, they were with him. Could they have been with his mother?
KATHERINE MAGBANUA: Maybe.
MS. KAWASS: His sister?
KATHERINE MAGBANUA: Maybe.
MS. KAWASS: You didn't check. It was his—
KATHERINE MAGBANUA: Yeah, like, it was his day.
MS. KAWASS: It's his turn.
KATHERINE MAGBANUA: Yeah, to have them.
MS. KAWASS: So, apart— Did you know— You said she had mentioned her kids. Did she mention anything about a custody battle or anything like that to you?
MS. KAWASS: Did she talk negatively about her ex-husband at all in your presence? Now I want to talk to you about— You've met Donna Adelson and Harvey Adelson, right?
MS. KAWASS: Okay. In your presence, did they ever talk about Wendi and her divorce in front of you?
MS. KAWASS: And how did Charlie talk about his sister to you?
KATHERINE MAGBANUA: Charlie Adelson?
MS. KAWASS: He didn't— He didn't talk about her to you at all.
KATHERINE MAGBANUA: I mean, he told me he had a sister, he had a brother, but that's about it. Not any details.
MS. KAWASS: You've never met the brother, right?
MS. KAWASS: Okay. Did it seem to you that Charlie was very close to his sister?
KATHERINE MAGBANUA: Yeah, he said he loves his sister.
MS. KAWASS: Okay. What about his relationship with his mother?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Did they talk a lot?
KATHERINE MAGBANUA: Yeah, I believe so.
MS. KAWASS: Okay. Now I want to turn your attention to July 18th of 2014.
MS. KAWASS: You now know that that was an important day in this case.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You've now learned that that was the day that Dan Markel was executed.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did Mr. Garcia ever tell you that he was leaving town?
MS. KAWASS: Do you remember Mr. Garcia ever telling you, I'm going up north, I'm going to Tallahassee? Would Tallahassee have stuck out in your mind?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And apart from being here for the past three years, have you ever been to Tallahassee before?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: This is your first time here?
KATHERINE MAGBANUA: First time.
MS. KAWASS: If I asked you right now what you were doing on July 18th of 2014, would you be able to tell me? Do you remember having a conversation with Charlie Adelson about his brother-in-law being in an accident? Does that sound familiar to you?
KATHERINE MAGBANUA: It sounds familiar, yeah.
MS. KAWASS: Okay. So you do at some point remember him referencing his brother-in-law, or ex-brother-in-law?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: As best as you can remember — and I don't want to put words in your mouth — try to describe for us what it is that he said to you in terms of referencing his ex-brother-in-law being in an accident.
KATHERINE MAGBANUA: Well, that was it. Like, I remember, or trying to remember, that there was one day that he had called and he said, yeah, like, his brother-in-law got in an accident. I don't know if it was a car accident or an accident.
MS. KAWASS: Okay. Do you remember this car accident? Does that sound familiar, or you don't know?
KATHERINE MAGBANUA: I don't know.
MS. KAWASS: Did he tell you that his brother-in-law had been shot twice?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: He didn't tell you he had been murdered?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Would you have remembered that if he told you?
KATHERINE MAGBANUA: I would remember that.
MS. KAWASS: How do you know Luis Rivera?
KATHERINE MAGBANUA: Through Sigfredo.
MS. KAWASS: Were you ever close with him?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You knew how close he was to Mr. Garcia, though?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But you wouldn't— Did you hang out with him if Mr. Garcia wasn't around?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you talk to him on the phone at all?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: If you couldn't find Mr. Garcia, would it be a safe assumption that Luis would know where he is?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But you didn't have his number even saved in your phone, right?
KATHERINE MAGBANUA: I don't believe so.
MS. KAWASS: You saw the phone records in this case, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Your phone records?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And the prosecution was talking about a call being placed with a number that begins with 934. Do you remember that?
KATHERINE MAGBANUA: I remember now, because I keep seeing it in this trial and they make a big deal about it, yes, ma'am.
MS. KAWASS: Can you tell me today, or tell the members of the jury, who it was that you were trying to call with that 934 number? Do you even know whose number that is?
KATHERINE MAGBANUA: I mean, I believe that it was Luis's number.
MS. KAWASS: Oh, no. Well, I'm asking you at the time. Do you know? Could you testify today and tell me that that was Luis's number?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: It could have been Luis's number?
KATHERINE MAGBANUA: It could have been.
MS. KAWASS: All right. And would it have been reasonable that you were looking for Sigfredo and you tried to call Luis's old number, if that was his number?
KATHERINE MAGBANUA: Yes, ma'am. That sounds reasonable. Yes, ma'am.
MS. KAWASS: Okay. But you can't tell this jury definitively that that's what happened?
MS. KAWASS: That would show also that you actually didn't know what his current number was.
MS. KAWASS: You also saw the phone records of July 19, 2018, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That was up on the board, and you saw the phone records where Luis Rivera called you first?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. On the morning of July 19th?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you have an independent recollection of what that conversation was about?
KATHERINE MAGBANUA: Probably trying to look for Sigfredo.
MS. KAWASS: Okay. So you had been calling Sigfredo all that morning?
KATHERINE MAGBANUA: Yes. Yes, ma'am.
MS. KAWASS: You now know where he was?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Where was he?
KATHERINE MAGBANUA: Shrimp's house.
MS. KAWASS: Who's Shrimp?
KATHERINE MAGBANUA: The girl that he was talking to.
MS. KAWASS: Stephanie Carmona?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And she's the exotic dancer?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: As far as you know at that time, was he living with her?
KATHERINE MAGBANUA: Yeah, he was living with her.
MS. KAWASS: Did you approve of your children being around?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Was that a point of contention between you and Mr. Garcia?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, it's clear from the records you didn't call him first — he called you.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, you had testified that We'll just — I'll just ask you: were you ever trying to deliver money to Luis Rivera and Mr. Garcia at Jessica Rodriguez's house? Was there ever a time that you picked up money from Mr. Adelson's house that was stapled?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: And that you then delivered that to Mr. Garcia, or delivered it to Mr. Rivera?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You have been to Jessica Rodriguez's house, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Who is Jessica Rodriguez?
KATHERINE MAGBANUA: It's Luis's baby mama, I guess.
MS. KAWASS: Mother of his kid?
KATHERINE MAGBANUA: Yeah, mother of his kid.
MS. KAWASS: Okay. They're not married?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. And you haven't seen her testify throughout this trial, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. Now, you had testified previously that you do not remember what you were doing on July 19th, 2014, correct?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. If I were to show you a text message of yours from that day, would that refresh your recollection?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Showing the State what's been pre-marked as a defense exhibit.
MS. KAWASS: Now, without reading off what you're looking at — okay, take a look at the documentation I'm showing you, which is right here. Do you recognize these phone numbers? Whose phone number is that?
KATHERINE MAGBANUA: Charlie.
MS. KAWASS: Okay. And this would be a conversation — whose conversation is this with?
KATHERINE MAGBANUA: Charlie and me.
MS. KAWASS: Whose name is that?
MS. KAWASS: Okay. Now, just review the conversation you had and let me know if it refreshes your recollection as to what you did that day.
MS. KAWASS: Also take a look at the —
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Has your memory been refreshed?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Where were you that day?
KATHERINE MAGBANUA: Took Ethan to the pool.
MS. KAWASS: Who's Ethan? I couldn't hear you.
KATHERINE MAGBANUA: I'm sorry. Took Ethan to the pool.
MS. KAWASS: Okay. And do you remember around what time you took Ethan to the pool?
KATHERINE MAGBANUA: I believe it was at around 11.
MS. KAWASS: Okay, like in the morning. Is that how your memory was refreshed, with the document I provided you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. That would indicate to you that you had your kids that day, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You wouldn't be able to tell me if you picked them up that morning, or they were with anyone else that night?
MS. KAWASS: Okay. Has there ever been a time when you watched your kids?
KATHERINE MAGBANUA: I believe so, yes.
MS. KAWASS: Okay, but you wouldn't be able to tell me exactly when that happened.
MS. KAWASS: Can you describe for the jury how it is that you started working for the agency?
KATHERINE MAGBANUA: How I started working — well, um, I had asked Charlie for a favor, if I could start working for him.
MS. KAWASS: Do you remember when you asked him for that favor?
MS. KAWASS: Like, year-wise, date-wise?
KATHERINE MAGBANUA: Probably —
MS. KAWASS: If I were to show you a text message of when you asked him that, would that refresh your recollection?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: I'm showing opposing counsel what's been pre-marked as defense exhibit number three.
JUDGE HANKINSON: We're about to go for a break. We'll let the jury step out. It should be 15 minutes.
JUDGE HANKINSON: We'll come back to session in a minute.
JUDGE HANKINSON: You might be seated, please. Since we're here at 36, which is a significant number beyond what you have in evidence, you must have a number of exhibits.
JUDGE HANKINSON: I don't want to spend time stopping here and giving them the document at that point in time. So, counsel, go through all the exhibits you intend to show the witness. We'll take 15 minutes. I'll hear from counsel if they wish to be heard.
JUDGE HANKINSON: Fifteen minutes.
MS. KAWASS: Ms. Magbanua, I believe where we left off was when you started to seek employment from the Adelsons — Charlie Adelson.
MS. KAWASS: I'm going to — Your Honor, may I approach?
JUDGE HANKINSON: You may.
MS. KAWASS: And show you what's been pre-marked as defense exhibit 33.
MS. KAWASS: Take a look at the date and the substance of the text message, and when your memory has been refreshed, let me know.
KATHERINE MAGBANUA: What was the date you said?
MS. KAWASS: Pardon?
MS. KAWASS: I didn't say.
KATHERINE MAGBANUA: Oh, okay.
MS. KAWASS: Do you remember?
MS. KAWASS: What date was it that you asked Charlie Adelson to help you out with employment?
KATHERINE MAGBANUA: That was on June 24th of 2014.
MS. KAWASS: 2014. And These are messages that are from Charlie's iCloud account, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Not your phone?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: Now Why were you asking Charlie Adelson to help you with employment? Explain to the jury the primary reason.
KATHERINE MAGBANUA: The primary reason of why — I needed insurance for my children, and in order for me to get insurance for them, you kind of have to be in some type of bracket where you're making X amount of money so that I can get insurance.
MS. KAWASS: So just to clarify — who are you seeking — is this insurance that you were trying to get from the State of Florida for your two children?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And was this through what agency?
KATHERINE MAGBANUA: DCF.
MS. KAWASS: The Department of Children and Families?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And correct me if I'm wrong — if you made too much money on paper, you would have to pay privately for the insurance?
KATHERINE MAGBANUA: Yes, you'd have to pay privately, or whoever you're employed with, you'd have to — you know, sometimes some places — some places that I worked for didn't offer insurance. So it was really, I needed to get insurance for them.
MS. KAWASS: You understand essentially you were defrauding the Department of Children and Families?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: To try and get insurance for your children?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That is what you were doing?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, did you not work for Charlie Adelson at all?
KATHERINE MAGBANUA: No, I worked for him.
MS. KAWASS: Did you work at the Adelson Institute?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Describe for the jury what you did for Charlie Adelson.
KATHERINE MAGBANUA: Well, basically, since he was doing me this favor, I was kind of like his assistant. If he needed any help with, like, a patient, or something he needed help with, I would help him with that. And he had, like, rental places too, so I spoke to him about that too.
MS. KAWASS: When you say rental places, what do you mean?
KATHERINE MAGBANUA: He owned a couple properties, and then he needed to collect from the tenants in that place, or try to find out if everything is up to par in that building or complex.
MS. KAWASS: Would you be responsible for collecting rent?
KATHERINE MAGBANUA: Initially he wanted me to try to collect rent, but those tenants were so difficult, so I just didn't do it.
MS. KAWASS: So you weren't working steady hours?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: It was just odd jobs that you did for Charlie?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But you had a steady paycheck?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You saw all of the evidence of when those paychecks began?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do we have any reason to doubt the accuracy of those documents?
MS. KAWASS: It seems to be a fair and accurate representation of when you were receiving the paycheck?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And how long did you receive those paychecks?
KATHERINE MAGBANUA: I believe all the way up to 2016.
MS. KAWASS: Around the time when Mr. Garcia was arrested?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Does that sound about right?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: I will get to — yes, so — So just so that we're clear, on paper, with your tax returns, it would only show you making a minimal amount of money to the government.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you weren't declaring any of your cash debts.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Is that the only place that you got cash from — was from your cash debts?
KATHERINE MAGBANUA: The only employment place? No.
MS. KAWASS: Is that the only place that — well, did your mom give you money?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did Mr. Garcia give you cash?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did he steadily give you cash?
KATHERINE MAGBANUA: Not steadily, no. There wasn't, like, a set date that he had to give me anything. It would be whenever he had it, when he would —
MS. KAWASS: Was there ever a time that he'd come to you with this — well, would you consider $1,000 a significant amount of cash? And would he give you significant amounts of cash?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: You didn't ask him where the money came from?
MS. KAWASS: Why?
KATHERINE MAGBANUA: It could be from illegal activities.
MS. KAWASS: Were you aware that Mr. Garcia was selling cocaine?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did Mr. Garcia have a steady form of legitimate income?
MS. KAWASS: But he would show up on occasion and just give you cash?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Why would you take it without asking where it came from?
KATHERINE MAGBANUA: It's for my kids.
MS. KAWASS: Did you have some suspicion about the location or where that money came from?
KATHERINE MAGBANUA: But you just didn't ask.
MS. KAWASS: Yeah. Now I want to talk to you about another personal topic: your breast augmentation.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How long have you wanted to have breast augmentation?
KATHERINE MAGBANUA: For as long as I can remember. Since high school, probably.
MS. KAWASS: Who referred you to Dr. Rudner?
KATHERINE MAGBANUA: Referred me? Well, I asked a couple people, but I believe Charlie gave me the information for Dr. Rudner.
MS. KAWASS: Do you remember why?
KATHERINE MAGBANUA: Well, Charlie — Mr. Adelson — was in the medical field.
MS. KAWASS: Yes, ma'am. All right. Did you receive any other recommendations from other people?
KATHERINE MAGBANUA: I believe so, but I can't be sure.
MS. KAWASS: Okay, but Charlie is the one that recommended it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And who paid for your breast implants?
KATHERINE MAGBANUA: I did.
MS. KAWASS: All right. How did you pay for your breast implants?
KATHERINE MAGBANUA: Well, from my cash tips.
MS. KAWASS: Now, we saw how much your breast implants cost.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And it was around four thousand dollars. Does that sound about right?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: When you pay in cash, do you get any incentive for paying in cash?
KATHERINE MAGBANUA: Yes, ma'am. Like my initial consultation, which was like in the beginning of that year that I got it — it was fairly high. So I kind of, you know, I spoke to the doctor. Well, I actually spoke to the treatment coordinator, and I told her, I was like, if I was able to pay in cash, can you give me some type of discount? So they gave me a discount.
MS. KAWASS: So when you got that quote, you basically worked your cash tips until you saved up enough money?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did Charlie Adelson cheat on you, to your knowledge? Like, was he speaking to other women?
KATHERINE MAGBANUA: Not to my knowledge, no. I mean, I was never — I can't be sure what he was doing.
MS. KAWASS: Would you have considered it cheating on you if he was talking to other people?
KATHERINE MAGBANUA: Yeah, it wasn't like that. So — yeah, I guess, since if we were, we were talking to each other at that time, so yeah, I guess.
MS. KAWASS: Do you remember anything like somebody cheating on me? Do you remember ever getting into an argument with him over a specific case of infidelity?
MS. KAWASS: When was your breast augmentation?
KATHERINE MAGBANUA: I believe it was October.
MS. KAWASS: So this is October of 2014?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: This is another big event that you remember, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Now, when did you officially start working for Charlie?
KATHERINE MAGBANUA: September, I believe.
MS. KAWASS: And we can rely on a month before that?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. Were you broken up at that time? Broken up with him — with Charlie — around the time of the breast augmentation?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Were you still — like, were you not seeing each other as often? You'd let me know. I don't — you know what you remember. So you guys were no longer seeing each other as much?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. How did your relationship with Charlie transition from a sexual relationship to more of a friendship? Because I don't want to use the term breakup. Am I saying it correctly?
KATHERINE MAGBANUA: Yeah, because it's not like we had an official date that we were, you know, started going out. It's not like we have an anniversary date. So it's just, we just started, you know, hanging out more often with each other.
MS. KAWASS: Is it fair to say that you got frustrated with Charlie because he wasn't available as he once was?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: I know this is another term that people use — did it seem like he was ghosting you?
KATHERINE MAGBANUA: Probably.
MS. KAWASS: And what does that mean?
KATHERINE MAGBANUA: Like when they kind of just dwindle down and not really — not there, not answering calls as much.
MS. KAWASS: Do you remember when that happened?
KATHERINE MAGBANUA: Can't put a specific time.
MS. KAWASS: Okay, but is it fair to say that was before the breast augmentation?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Was Mr. Garcia there to help you with recovery?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Who were you living with at the time that you had the breast augmentation?
KATHERINE MAGBANUA: By myself and the kids.
MS. KAWASS: Your mom wasn't with you anymore?
MS. KAWASS: Where was your mom?
KATHERINE MAGBANUA: My mom lived up north with my brother.
MS. KAWASS: Which brother?
KATHERINE MAGBANUA: With Francis.
MS. KAWASS: Okay, your brother Francis. Where does he live?
KATHERINE MAGBANUA: In Tamarac.
MS. KAWASS: Where is Tamarac in relation to North Miami? Is it up north?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Is it in Fort Lauderdale?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. Sorry.
JUDGE HANKINSON: I didn't hear her answer the question where she was living in October 2014. I think she answered, I just didn't hear it.
KATHERINE MAGBANUA: I was living in an apartment with the kids.
MS. KAWASS: Do you remember which apartment it was?
KATHERINE MAGBANUA: It was around 125th, in this game — like around that vicinity.
MS. KAWASS: So you moved from the North Bay Village apartment to a different apartment. But Mr. Garcia didn't move in with you.
MS. KAWASS: Did he stay overnight with you when you were recovering from the breast surgery?
KATHERINE MAGBANUA: Yeah, he took care of me the whole time.
MS. KAWASS: Now, the first couple of weeks with breast augmentation, are you practically bedridden?
KATHERINE MAGBANUA: Actually, I recovered pretty quick. So, I mean, I was pretty much driving on the fifth day.
MS. KAWASS: But even though Mr. Garcia was stepping up and helping out with the kids, were you back together?
KATHERINE MAGBANUA: At that time, no.
MS. KAWASS: No. Why did you move out of the North Bay Village apartment?
KATHERINE MAGBANUA: I moved out of it. My rent was just so high.
MS. KAWASS: Do you remember at that time what your rent was?
KATHERINE MAGBANUA: I think they raised it to like $1,700.
MS. KAWASS: A month?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And that was too much money for you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: The apartment that you moved into when you said on 125th — how much was that rent?
KATHERINE MAGBANUA: I know it was a lot lower. It was probably like — I don't know if it was like $1,100 or somewhere around that area.
MS. KAWASS: And how long were you in that apartment?
KATHERINE MAGBANUA: I think a year.
MS. KAWASS: A full year?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: Did you sign a one-year lease?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: In January of 2015 — so this is now almost two months after your breast augmentation — are you fully recovered?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Do you remember when you returned to work at the clubs?
KATHERINE MAGBANUA: I remember like after my surgery.
MS. KAWASS: After your surgery — probably a couple weeks after that, did you go back to work?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay.
MS. KAWASS: Your Honor, may I approach?
MS. KAWASS: Ms. Magbanua, I'm showing you what has been pre-marked as Defense Exhibit Number 22. Do you recognize that photograph?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Who is that?
MS. KAWASS: Okay. Do you remember around what time that picture was taken?
KATHERINE MAGBANUA: Not the specific time, but it seems accurate.
MS. KAWASS: And what's the date? The time stamp.
JUDGE HANKINSON: Make sure you speak to that microphone near to you.
JUDGE HANKINSON: Looking down, it's hard to hear you.
KATHERINE MAGBANUA: It's on 4-7-2015.
MS. KAWASS: Do you know where you are in that photograph?
KATHERINE MAGBANUA: Yes, I was in Faith nightclub.
MS. KAWASS: And it's a fair and accurate representation of what you looked like when you were working at the club?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. You're all right? At this time, I'd move Defense Exhibit 22 into evidence.
JUDGE HANKINSON: Any objection?
MS. CAPPLEMAN: No objection.
JUDGE HANKINSON: Be admitted.
MS. KAWASS: In the meantime, is it — without sounding too superficial — did your tips increase?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: After your surgery?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And In the meantime, around January of 2015, was Mr. Garcia in an accident?
MS. KAWASS: January 2015?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What kind of accident was he in?
KATHERINE MAGBANUA: A motorcycle accident.
MS. KAWASS: Was he in that accident with anybody else?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Who was he in the accident with?
KATHERINE MAGBANUA: That girl.
KATHERINE MAGBANUA: Shrimp.
MS. KAWASS: That girl. Shrimp. And at this time, I'll publish the photograph.
MS. KAWASS: So Katie, when you were working the bottle service at the club, that's your uniform?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And how many hours would you work at night?
KATHERINE MAGBANUA: I mean, it depends. It depends on when they tell us to come in.
MS. KAWASS: Now, this was about five years ago.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. You look a lot different now.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Why?
KATHERINE MAGBANUA: I've been incarcerated.
MS. KAWASS: We're — Now pointing at a red thing in the photograph — what's that?
KATHERINE MAGBANUA: That's like the separator, so like when our clients come in into the club.
MS. KAWASS: Yes, ma'am. All — All right, so we're now talking about the motorcycle accident.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: To your knowledge, this is a pretty serious one. Was he severely injured?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: In fact, he — I mean Mr. Garcia.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Do you know if Ms. Carmona, aka Shrimp — was she seriously injured too?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: How did you find out that he had been in this car accident, actually?
KATHERINE MAGBANUA: I think Rivera called me and told me that he was in a car accident, a motorcycle accident.
MS. KAWASS: Do you remember where you were when you got that message?
KATHERINE MAGBANUA: I was in Disney.
MS. KAWASS: With who?
KATHERINE MAGBANUA: With the kids.
MS. KAWASS: And do you remember what your reaction was to Mr. Rivera when he told you that Mr. Garcia had been in a terrible car accident?
KATHERINE MAGBANUA: Yeah, I was, you know, like, I was worried. I said, is he okay? And they said, yeah, he's okay, but he's like badly hurt. But at that time I was kind of — I was not doing well with him.
MS. KAWASS: And did Mr. Rivera tell you who he was on the bike with?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Did that have something to do with —
KATHERINE MAGBANUA: Yes.
MS. KAWASS: — how you felt about it?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Did Mr. Garcia, to your knowledge, receive any money as a settlement from that accident?
KATHERINE MAGBANUA: Yes, I believe so.
MS. KAWASS: Do you know how much money he received?
KATHERINE MAGBANUA: Not to the top of my head.
MS. KAWASS: But it's fair to say that definitely you and Mr. Garcia are not back together in January of 2015.
MS. KAWASS: Which is when the bike accident happened.
MS. KAWASS: Okay. Let's talk about the Lexus.
MS. KAWASS: How did you become — how did you come into possession of the Lexus?
KATHERINE MAGBANUA: How did I come into possession of it?
MS. KAWASS: How did you get it?
KATHERINE MAGBANUA: Well, I was borrowing it before, because I got in a car accident, and like around April 2015.
MS. KAWASS: So let's start there. You got into a car accident of April 2015?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Were you driving?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: What car were you driving?
KATHERINE MAGBANUA: My Mazda.
MS. KAWASS: What color was it? Why, was it an SUV?
MS. KAWASS: You did — did you have any access to any other vehicles?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: And around April of 2015, with this car accident, do you remember if you and Mr. Garcia were still in a relationship, or were you still broken up on April 2015?
KATHERINE MAGBANUA: Yeah, yeah, we weren't together at that time. Not together.
MS. KAWASS: Okay.
MS. KAWASS: So the car, is it totaled?
KATHERINE MAGBANUA: My car? Yeah, I got rear-ended, so it was pretty damaged.
MS. KAWASS: And did you ask to borrow the Lexus, or did Charlie Adelson offer for you to borrow the Lexus?
KATHERINE MAGBANUA: No, I asked him.
MS. KAWASS: You asked him to borrow?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: Okay. And let's talk about this vehicle. Okay, was it well kept?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Clean?
KATHERINE MAGBANUA: Yeah, but it had a lot of miles on it.
MS. KAWASS: So you were driving it for how long, when he lent it to you in early 2015? Did you ever give it back to him?
KATHERINE MAGBANUA: I did.
MS. KAWASS: When did you pay for the Lexus?
KATHERINE MAGBANUA: I don't remember the exact date.
MS. KAWASS: Did you see the title transfer?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay, with the date. Did you pay for it around the time that you changed the registration, or did you pay for it at a different time?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Okay. Do you know how you paid for it?
KATHERINE MAGBANUA: Yes. Yes.
MS. KAWASS: How did you pay for it?
KATHERINE MAGBANUA: Cash.
MS. KAWASS: Okay. Is the amount that's reflected on the DMV registration — is that an accurate amount that you paid for it?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: So you did pay $1,700 for it?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: It was below value?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Was Mr. Adelson doing you a favor?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Did you and Sigfredo get back together in 2015?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: When?
KATHERINE MAGBANUA: I think it was in May, the Pacquiao fight.
MS. KAWASS: And why does the Pacquiao fight stand out as a significant date, please?
KATHERINE MAGBANUA: Because that was the day that we hung out that night, and that's a significant date for me to know when we officially got back together.
MS. KAWASS: Now, between July of 2014 to almost a year later, was Mr. Garcia still actively pursuing a relationship with you?
KATHERINE MAGBANUA: From 2015 to — between July of 2014, Charlie started fading away in the background.
MS. KAWASS: Okay, until you get back together with Sigfredo in 2015 — with Mr. Garcia actively pursuing you in terms of trying to get back together with you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did it make it easier because Mr. Adelson was now out of the picture?
KATHERINE MAGBANUA: Oh, yes.
MS. KAWASS: Did you and Charlie Adelson continuously talk up until Mr. Garcia was arrested?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So from 2013 until Mr. Garcia's arrest in 2016, you continued a relationship, a friendship, with Mr. Adelson.
MS. KAWASS: So if we looked at your phone records, there would be a constant communication with you and Mr. Adelson.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Also constant communication with Mr. Garcia.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you tell Mr. Garcia after May of 2015 that you were still talking to Mr. Adelson?
MS. KAWASS: Did you ever tell Mr. Garcia that you were working for Mr. Adelson?
MS. KAWASS: Why?
KATHERINE MAGBANUA: He would be very angry.
MS. KAWASS: You kept that from him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Was there a time when you began working for Jerome Obed?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Who is Jerome?
KATHERINE MAGBANUA: Well, he used to be Charlie's roommate, I guess, and his house.
MS. KAWASS: The house that has been discussed throughout the course of this trial?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: The house that's in Fort Lauderdale?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: In Whale Harbor — Whale Harbor Drive, or something like that, right? So Jerome Obed used to live in that house with Mr. Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. How often would you be at Mr. Adelson's house when you guys were dating? Did you have a sleepover?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you remember there being a safe in his house?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Was it a big safe or a little safe?
KATHERINE MAGBANUA: I think it was big, like — and you saw my hands, I kind of went up to my height, and I'm five-four plus heels, and I went down here.
MS. KAWASS: So about my height, like?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay, so that's a big safe. Did you ever see what was inside of the safe?
MS. KAWASS: Did Mr. Adelson ever take or count money in your presence?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Like stacks of hundreds?
MS. KAWASS: Now, when you were working for Mr. Obed, was he still a roommate of Mr. Adelson's?
KATHERINE MAGBANUA: Not quite sure.
MS. KAWASS: Okay. What did he do for a living?
KATHERINE MAGBANUA: Doctor — he's a dermatologist.
MS. KAWASS: And what did you do for him in his office?
KATHERINE MAGBANUA: Same thing — office, front desk, office work, clerical, answering phones, vaccine.
MS. KAWASS: Did Charlie Adelson assist you in obtaining this employment?
KATHERINE MAGBANUA: Yeah, I believe he lost his employee, or his employee was gonna move to another job, so he needed somebody in the front. So he's like, why don't you hire Katie?
MS. KAWASS: Did Mr. Obed agree to pay you under the table?
KATHERINE MAGBANUA: We had some type of agreement, yes.
MS. KAWASS: But were you getting paid legitimately some, but also getting extra under the table?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Why was he doing that for you?
KATHERINE MAGBANUA: Well, because he knew my situation. I told him, I was like, the only way that I can really take this job is if you kind of put me in some type of bracket again so that I can get insurance for the kids. Because he looked into trying to get insurance for all the employees, but there's only like three of us.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: So it was gonna be very high, I guess.
MS. KAWASS: All right. And then how long did you work for Dr. Obed?
MS. KAWASS: What's the next job that you had after that? After Dr. Obed — so we're looking at 2015, 2016.
KATHERINE MAGBANUA: See, I'm a little mixed up on my dates, because I just — I don't even know sometimes what year we're on.
MS. KAWASS: Okay, so I'm going to move forward to Optima Realty.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Okay. Who got you that job?
KATHERINE MAGBANUA: Yindra.
MS. KAWASS: Was Yindra already working there?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And that's Yindra Velazquez Mascaro?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Okay.
MS. KAWASS: And describe to the jury what your setup was in terms of office space when you were working at Optima Realty.
KATHERINE MAGBANUA: Well, she worked for Optima Realty.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: It was the realtor that I worked for — I think he was just kind of like an independent realtor.
KATHERINE MAGBANUA: And, you know, since she had her own office, and there was like a little section — it's really small, it's like there's offices after offices, but instead of cubicles it was like a glass. And she's like, oh, like, if we set up a little table, maybe you can just be in the office with me. So then I took up like a little corner of her office space.
MS. KAWASS: So you guys shared office space?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Now, I know you said you didn't remember, but you are now aware of the fact that your phone was being wiretapped by the FBI, right?
KATHERINE MAGBANUA: Was I aware of it? Not then.
MS. KAWASS: You're aware now?
KATHERINE MAGBANUA: Oh, yes.
MS. KAWASS: Okay, but back then you had no idea that anyone was listening on your phone calls, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: If I played you a phone call of you from April 14th of 2016, would that refresh your recollection as to when you began work with Optima Realty?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Does that sound about right?
KATHERINE MAGBANUA: Or 14th?
MS. KAWASS: You said April 14th of 2016, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And what I'll do is, instead of playing it for you now, I'll come back to that, and then on the break we'll play it then. Okay?
KATHERINE MAGBANUA: Okay.
MS. KAWASS: So now we're in 2016. Yes? Okay. How are things with you, Mr. Garcia?
KATHERINE MAGBANUA: They're great.
MS. KAWASS: Where were you guys living?
KATHERINE MAGBANUA: We were living in, like — the exact address? No, it was a giant area around 125th and Biscayne again, but it was just on the other side.
MS. KAWASS: So it's a different location from the one that you were living at before?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: So you and Mr. Garcia then moved in together. What kind of — was it an apartment, a condo, or —
KATHERINE MAGBANUA: It was a little townhouse.
MS. KAWASS: A little townhouse. Okay. What was your rent, if you remember?
KATHERINE MAGBANUA: Probably like 1500.
MS. KAWASS: Okay. And that was between you and Mr. Garcia, and the kids were living —
KATHERINE MAGBANUA: Mm-hmm.
MS. KAWASS: Okay. So in 2016, you now realize around April something weird happened with Mr. Adelson.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. Now, up until this incident of someone approaching him and threatening his mother on the street — or not him threatening his mother on the street — you guys were still in constant communication, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, and the wiretaps reflect that.
MS. KAWASS: You've listened to all the wiretaps in this case.
MS. KAWASS: Oh, that's a question.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Have you listened to all the ones I provided to you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. What we heard in court is not all of the wiretaps.
KATHERINE MAGBANUA: Yes, ma'am. Bless you.
MS. KAWASS: So I want to go over some things in terms of what we have all described as double, okay? After transfers need — To refresh your recollection: okay, you are sitting in court and you heard these phone calls being played, right? But it wasn't the first time you heard them.
MS. KAWASS: So Now I want to reference you to the first phone, and since you were a party to this conversation, you'll be able to help explain to the jury from what you remember what was going on, okay? So I'm going to reference call 1392, which was on April 19th of 2016.
MS. KAWASS: Okay, this is apparently the first phone call to you from Mr. Adelson. Okay. All right, this is the first time that he has informed you that someone approached his mother on the street. Okay. You remember that, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Did you carry yourself on the recording when you said "what"? Can you describe to the jury why you answered him that way?
KATHERINE MAGBANUA: Yeah, I was just confused.
MS. KAWASS: Did you have any idea or know what was going on?
MS. KAWASS: No. And Mr. Adelson told you that someone walked up to his mom and referenced an ex-girlfriend.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. Didn't Mr. Adelson explain to you why he was calling you?
KATHERINE MAGBANUA: Did he explain to me why he was on that call?
MS. KAWASS: Like, did he say to you, "You're my last ex-girlfriend, this is the reason I'm calling you"?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: What was your concern at this point in terms of what Charlie Adelson was telling you? Did you have any concern that someone was saying your name?
KATHERINE MAGBANUA: Yeah, like, why are they mentioning my name?
MS. KAWASS: But at this point you don't even know if it's really you.
KATHERINE MAGBANUA: Yes, because he said ex-girlfriend.
MS. KAWASS: Okay, you even asked him who said you did anything wrong, right? In fact, Mr. Adelson said, "I thought when I spoke to my mom, she said it involved they mentioned your name in it, that's why I'm calling you." That's what he told you. Okay. Does that sound familiar to you?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: All right. Did you have any idea what was going on at that point?
MS. KAWASS: Right. Now he calls you again, Mr. Adelson, right? And he actually tells you in that phone call — which is the day before you meet with him at Dolce Vita you remember that, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. He references in that call, which is call number 1394, that there was something about an exchange of a paper and that he was going to show it to you when he saw you the next day. You remember that?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. And he said, "Out there, my best friend, I'll show you what it is," right, man? What happened the very next day when we met up at Dolce Vita?
KATHERINE MAGBANUA: What do you mean, like, what happened? Like, he came we went to Dolce Vita, and he was just, like, talking.
MS. KAWASS: Okay, so let's talk about Dolce Vita. Were you aware at that time that he had already met with his mother?
KATHERINE MAGBANUA: I don't know.
MS. KAWASS: When you sat down with him at Dolce Vita—
KATHERINE MAGBANUA: Mm-hmm.
MS. KAWASS: Did he show you a paper with Dan Markel's face on it?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you see any paper with a phone number on it?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Anything with any numbers on it?
KATHERINE MAGBANUA: No, ma'am. He didn't show me any paper.
MS. KAWASS: He didn't show you any paper.
MS. KAWASS: What, to the best of your recollection, was he telling you at that table? I know he talks a lot.
KATHERINE MAGBANUA: Yes. He said I know he mentioned about somebody approaching his mother. I don't know if he said girlfriend or specifically said my name at that time, because I don't remember that day that clearly.
KATHERINE MAGBANUA: But I mean, that's about it. He just started going off on scenarios, and I kind of just lost them.
MS. KAWASS: Did he mention anything to you about a homicide out of Tallahassee?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did he mention anything about his ex-brother-in-law being murdered?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: He kept that from you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did he ask you to do anything for him?
KATHERINE MAGBANUA: He asked if I can call that number.
MS. KAWASS: Did he explain to you why he wanted you to call it?
KATHERINE MAGBANUA: Because I believe they said ex-girlfriend or my name.
MS. KAWASS: Did he ever explain to you why he didn't want to call it?
MS. KAWASS: Did you ask?
MS. KAWASS: Describe for the jury, as best as you can, Charlie Adelson's personality.
KATHERINE MAGBANUA: I mean, he just kind of goes off and talks and talks and talks sometimes, and I mean, I just sit there and listen, but half the time I'm not really paying attention.
MS. KAWASS: Now, you've been incarcerated for the past three years, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Have you had an opportunity to view the Dolce Vita video that was introduced into evidence?
KATHERINE MAGBANUA: I believe so, towards the end.
MS. KAWASS: I was able to show it to you?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Were you able to decipher any of the conversation on that phone call?
MS. KAWASS: Even though you were sitting there?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Do you hear yourself a lot?
MS. KAWASS: With Charlie talking?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. But you were there?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is there anything from what you saw in that video did it jog your memory as to any specifics?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Had he mentioned a homicide, would you have remembered that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: After you leave Dolce Vita, did you call Mr. Garcia?
KATHERINE MAGBANUA: I don't believe so.
MS. KAWASS: Did you text Mr. Garcia?
MS. KAWASS: The best way for us to know if that happened would be if we had your right?
KATHERINE MAGBANUA: Yeah, if I looked at my phone records.
MS. KAWASS: Now, you don't speak to Mr. Garcia until, or see him until, when, after getting this information from Mr. Adelson?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: When is the next time you think you speak or see Mr. Garcia? You guys were living together.
KATHERINE MAGBANUA: We lived together, yeah, so probably when I got home.
MS. KAWASS: All right. Do you remember if you specifically told Mr. Garcia at that time who was being threatened?
KATHERINE MAGBANUA: Who was being threatened?
KATHERINE MAGBANUA: I don't think I specifically said who it was.
MS. KAWASS: Is it possible that you did?
KATHERINE MAGBANUA: I can't say if I did or not.
MS. KAWASS: And I'm just trying to get as close as we can, but if you don't remember—
KATHERINE MAGBANUA: Yeah, I don't remember.
MS. KAWASS: Is it fair to say at some point he does find out that this person who's being threatened is Charlie?
KATHERINE MAGBANUA: Well, his mother.
MS. KAWASS: Well, yes, but the relation is to Charlie.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: How did he feel about the fact that he now found out that you were still talking to him?
KATHERINE MAGBANUA: He was angry.
MS. KAWASS: You remember the phone call where you were in an argument with Mr. Garcia? We heard it played in court, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Okay, do you know what Mr. Garcia meant when he said, "the less you know the better"?
MS. KAWASS: Okay, why didn't you ask him any questions in turn — well, apart from the fact that he hung up on you but did you ever follow up on what he meant by that?
KATHERINE MAGBANUA: No, because we were probably arguing at that time, and he just never really tells me anything, like, to that extent. You know, "Katie, you just, you don't need to know anything."
MS. KAWASS: Did you ever call that number?
KATHERINE MAGBANUA: Call?
KATHERINE MAGBANUA: Did I ever call it? No.
MS. KAWASS: Did you tell Charlie you were going to do it?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: You lied to him?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Who did you ask to make that phone call?
KATHERINE MAGBANUA: Sigfredo.
MS. KAWASS: Why did you ask Mr. Garcia to make that phone call on your behalf?
KATHERINE MAGBANUA: He's the father of my kids. If I needed something, I'd ask him.
MS. KAWASS: But you told Mr. Adelson that you didn't contact him?
KATHERINE MAGBANUA: Yes. Well, now that I reviewed the phone — yes, I probably just said it just to shut him up, because he keeps on and on about the situation.
MS. KAWASS: Why don't you call the police?
KATHERINE MAGBANUA: Really wasn't my place to call the police.
KATHERINE MAGBANUA: I know I heard myself saying it, because at that time I was already frustrated at the situation.
KATHERINE MAGBANUA: But for me to what, am I gonna call the police and say I have a friend that's getting threatened?
KATHERINE MAGBANUA: I have a friend's mom that's getting threatened and might have said my name? What are they going to think — I'm crazy?
MS. KAWASS: So you never do call the police?
MS. KAWASS: No. We hear on a phone call — a very long phone call — and you sounded very frustrated, Charlie — Why were you frustrated?
KATHERINE MAGBANUA: Well, first off, that phone call is very embarrassing. I just — I mean, I didn't even know that I could say that many bad words in a 23-minute span.
MS. KAWASS: But is it weird to listen to yourself?
KATHERINE MAGBANUA: Yes. Yes.
MS. KAWASS: Did you have any idea at this point that you were being recorded?
MS. KAWASS: Would you have stopped using your phone if you were involved in criminal activity?
KATHERINE MAGBANUA: Of course.
MS. KAWASS: So why are you yelling at him on the phone like that?
KATHERINE MAGBANUA: Why was I yelling at Charlie?
MS. KAWASS: Yeah. Like that?
KATHERINE MAGBANUA: He's just — because he keeps on, it's the same thing over and over. I don't know how many different phone calls. Frankly, I don't even know if this is all the phone calls, because it seems like times jump and dates jump. So where's the calls in the middle of, like, the phone log that we received? So it just — I was frustrated because it was over and over and over, the same thing, different scenarios, and it's just like he was losing it.
MS. KAWASS: Now, is it weird for you for Mr. Adelson to be acting all paranoid?
KATHERINE MAGBANUA: No, he's usually a paranoid person.
MS. KAWASS: Why?
KATHERINE MAGBANUA: I don't know exactly why, but he just always has different scenarios for situations, and it's kind of like a know-it-all — like he thinks he knows.
MS. KAWASS: Did he ever try to come off to you like, you know, talk about, you know, ties to the Russian mafia or anything like that?
KATHERINE MAGBANUA: I think I've heard him, like, mention something like that before.
MS. KAWASS: But in your relationship with him, does he talk grandiose?
KATHERINE MAGBANUA: Yes, all the time.
MS. KAWASS: But it's fair to call him a paranoid person, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Now I want to talk to you about the phone call where you are talking to Mr. Garcia.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And you say to him — you give him a dollar amount, and you correct him and say, this is not for Ethan's clothes.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And it's a number that you're giving him, a dollar amount.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: You weren't talking about clothes, were you?
MS. KAWASS: You were talking in code.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: All right. Now, at that time, do you know why you were talking in code at that specific time?
KATHERINE MAGBANUA: I might have been around my children or at work.
MS. KAWASS: Okay. Did Charlie ever specifically request of you, like, to limit your conversations on the phone?
MS. KAWASS: Did Charlie ever say to you, don't talk on this phone anymore, Katherine?
MS. KAWASS: Now The next phone call that you have, you do sound like you are speaking in terms of realty. It sounds like you're talking in code.
KATHERINE MAGBANUA: Are you talking about — what's the next phone call?
MS. KAWASS: Okay. All right. I think this is April 26th. It was at 4:33 p.m. It's Call V. And you are referencing that you got the number mixed up, and then you kind of talk about a really good client in terms of realty, you know, real estate ventures. Okay. Were you talking about real estate ventures, if you remember, for that specific phone call?
KATHERINE MAGBANUA: I might — I might not have been.
MS. KAWASS: Is it possible that you were talking in code?
KATHERINE MAGBANUA: Probably.
MS. KAWASS: Why would you be talking in code about real estate stuff?
KATHERINE MAGBANUA: I was probably next to — and you're at work.
MS. KAWASS: Now, where does she work? In realty?
KATHERINE MAGBANUA: In a realty office.
MS. KAWASS: You also remember Call Z, correct, which is April 24th of 2016, that talking about flushing the problem. You remember that one?
KATHERINE MAGBANUA: I think so.
MS. KAWASS: Who initially answered the phone?
KATHERINE MAGBANUA: Yindra.
MS. KAWASS: Yes. And that's why Charlie was saying, I thought I was talking to you.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Kind of do sound alike on the phone, now that I hear you. You never thought you sounded alike before?
MS. KAWASS: Now, when you say he was referencing you want the problem flushed, was that in anything directly related to what was going on, or he was just saying — you have no idea what he was talking about?
KATHERINE MAGBANUA: No idea what he's talking about.
MS. KAWASS: Is that something that was very common when you're talking to Charlie Adelson?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: You also remember a phone call where he starts saying things like Tuto, Taco — but he said Tuto's name. Remember that?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Do you remember that he was — it's almost like he was saying he didn't know Tuto's name. Do you remember that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He knew who Tuto was, didn't he?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did he know — did you know — did he know who Tuto was?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How do you know that?
KATHERINE MAGBANUA: I've said his name to him.
MS. KAWASS: Did you find that strange that he was saying that to you on the phone?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And on these recordings, there are recordings of you talking about you working for Charlie, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: There's also a recording of you talking about paying for the Lexus, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Then we also heard a phone call.
MS. KAWASS: The last phone call that we heard between you and Charlie was on May 13th of 2016, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But there are many other recorded phone calls after that, right?
KATHERINE MAGBANUA: I would think so.
MS. KAWASS: In fact, let's jump forward now to when Mr. Garcia gets arrested. Okay. That's a day that you remember.
MS. KAWASS: How did you find out that Mr. Garcia was arrested?
KATHERINE MAGBANUA: How did I find out? How did I find out that day? I was looking at the voice, I was — I believe I was on the phone with him, and I think he thought somebody was, like, following him, and that was, like, probably my last conversation.
MS. KAWASS: Did he come home and tell you about the fact that agents came to his job?
KATHERINE MAGBANUA: Yeah, that was the day prior to that, I believe. The day before, yes.
MS. KAWASS: Did anything weird happen to you on that day?
KATHERINE MAGBANUA: Apparently they were knocking at the same time on my door, because I was working from home at that time.
MS. KAWASS: So let's talk about that.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: You're in the townhouse that we spoke about, right?
KATHERINE MAGBANUA: Yes. Yes, ma'am.
MS. KAWASS: And we can rely on the date as being the same day that the detectives went and spoke to Mr. Garcia at his job, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What happened while you're at home by yourself?
KATHERINE MAGBANUA: So I was — somebody knocked hard on the door.
MS. KAWASS: Describe it for me.
KATHERINE MAGBANUA: It was just like a loud knock, like it's the police. It's like they knock loud and like that, you know? And I mean, I started freaking out because my dog was in the backyard at that time and he was just barking crazy. So I kind of, like, peeked out, and I don't know, I just saw, like, some movement in the back, in the backyard, but I didn't really know what was going on.
MS. KAWASS: Okay. Did the person outside that was knocking identify themselves?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: They didn't say, open the door, police?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did they tell you why they wanted to talk to you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you look through — do you have a peephole?
KATHERINE MAGBANUA: I think I looked through, like, the kitchen window, and then I — I just saw their shadow.
MS. KAWASS: So what did you see outside?
KATHERINE MAGBANUA: Two figures outside.
MS. KAWASS: Were they dressed in uniform?
KATHERINE MAGBANUA: No, they were in civilian clothes.
MS. KAWASS: Was there a marked police unit in front of your house?
KATHERINE MAGBANUA: No, there was actually no car in front of the house at that time. That's why I was like, who are these people?
MS. KAWASS: So there are two men banging at your door?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Do you call anyone?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Who do you call?
KATHERINE MAGBANUA: Sigfredo.
MS. KAWASS: Okay. And that phone call was recorded?
KATHERINE MAGBANUA: Yes, I was calling his job.
MS. KAWASS: You've heard that phone call, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Can you describe your demeanor at that time?
KATHERINE MAGBANUA: I was freaking out. I was just like, you know, I'm by myself, there's two possibly males in the front, and then I was just kind of like looking through the back. My dog was going crazy. I was going to the front, and, like, they are not saying anything, but they're just standing there.
MS. KAWASS: Do you just ignore them?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Do you have any idea why the police was coming to talk to you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: But Sigfredo comes home later that evening, right?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: What does he tell you about what happened to him at work?
KATHERINE MAGBANUA: Well, he actually told me over the phone.
MS. KAWASS: What did he tell you?
KATHERINE MAGBANUA: When I was — 'cause finally, like, one of his coworkers, I believe, picked up the phone and was like, oh, there's feds over here talking to him. I was like, the feds? Why are they talking to him?
KATHERINE MAGBANUA: And then it was kind of like a back and forth, finally. And then one of his co-workers — because then he had to hang up, I don't know if he had to go back and talk to them, but one of his co-workers came, picked up the phone, and then that's when I told him, I was like, who's around my house? And he's like, I'm going to come by over there. 'Cause I'm like, there's two guys — possibly two guys — that's knocking at the door, and I'm by myself.
MS. KAWASS: Did this person actually drive around?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Okay. Do you remember who this person was?
KATHERINE MAGBANUA: I don't — if you said his name — I can't think off the top of my head his name right now.
MS. KAWASS: But was it one of Mr. Garcia's friends, or your friend, or —
KATHERINE MAGBANUA: His co-worker.
MS. KAWASS: Okay. Yeah. And when he kind of circled around your house, did he give you any information as to what he observed?
KATHERINE MAGBANUA: Yeah, there's probably, like, um, like federal agents in an unmarked car, like outside like, not even outside of my door, but, like, probably two blocks, like a block down.
MS. KAWASS: So they parked their car down the street?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And then walked up to your door?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: What — if you remember — what do you and Mr. Garcia talk about that night?
MS. KAWASS: Did you ask him, like, why are the feds coming to your job that night?
KATHERINE MAGBANUA: Well, yeah, because I was already on the phone with him, and he told me he didn't know. But we were planning to go for my daughter's birthday to Disney.
MS. KAWASS: So what they talked about. Let's just say — you were planning to go where that weekend?
KATHERINE MAGBANUA: To Disney, for my daughter's birthday.
MS. KAWASS: Because your daughter's birthday was May 30th and this was May 25th. He got arrested May 25th. Did you know that this had anything to do with anything in Tallahassee?
KATHERINE MAGBANUA: I think he said on the phone, like, they asked him about Tallahassee, and I was like, like, what about Tallahassee, you know?
KATHERINE MAGBANUA: Well — Why would they ask you about Tallahassee? Basically.
MS. KAWASS: Now the — let's talk about his arrest.
KATHERINE MAGBANUA: Yes.
MS. KAWASS: When Mr. Garcia was arrested, describe for the jury the media attention surrounding his arrest.
KATHERINE MAGBANUA: Well, apparently it was everywhere. I was on Facebook, so it was on Facebook. I believe it was on the news. I really kind of just shut down and didn't want to really hear about anything.
MS. KAWASS: And there is a recording of you when you're — when he's arrested, right?
KATHERINE MAGBANUA: I think so.
MS. KAWASS: And how do you sound on the phone when —
KATHERINE MAGBANUA: Oh, when I was —
MS. KAWASS: — when you found out he was arrested.
KATHERINE MAGBANUA: I was distraught.
MS. KAWASS: Did you think at that time that Mr. Garcia had anything to do with the murder?
MS. KAWASS: At some point — is it very soon — are you privy to the warrant that was drafted for Mr. Garcia?
KATHERINE MAGBANUA: I believe so, yeah.
MS. KAWASS: And it laid out basically the entire case against Mr. Garcia and Mr. Rivera?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Do you know if that warrant was leaked to the media?
MS. KAWASS: And were you able to view it online yourself?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: You're not arrested at this time?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you go and retain an attorney?
KATHERINE MAGBANUA: At that time, I retained an attorney for him.
MS. KAWASS: Okay. Now, when did you find out that you were a suspect or somehow involved in this?
KATHERINE MAGBANUA: It was kind of like a back and forth, I think. You know, when I retained his attorney, and then his attorney was kind of telling me, you know, the situation — he's kind of like laying out kind of what's going on, and that's when he kind of like advised me that I might have to retain an attorney. And I told him, why do I have to retain an attorney?
KATHERINE MAGBANUA: And he kind of just gave me a little bit more facts. He's like, well, wait, what's going to happen?
KATHERINE MAGBANUA: It's the same.
MS. KAWASS: Why did you stop talking to most of your friends?
KATHERINE MAGBANUA: It was embarrassing.
MS. KAWASS: Were people trying to reach out to you?
KATHERINE MAGBANUA: Everybody was trying to reach out to me.
MS. KAWASS: And did you ignore most of them?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: When did you come to find out that a warrant for you had been prepared and released to the media?
KATHERINE MAGBANUA: I can't give a specific date, because all those dates are kind of meshing together.
MS. KAWASS: But this was after Mr. Garcia was arrested.
KATHERINE MAGBANUA: After he was arrested, when did I find out that a warrant was out for me? Well, that there was this document that was— Yeah, because there's no warrant that was out for me. They just arrested me.
MS. KAWASS: Do you remember when the probable cause affidavit for you and Charlie was—
KATHERINE MAGBANUA: It's that 19-page.
MS. KAWASS: That 19-page document?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: But no one came and arrested you.
MS. KAWASS: But somehow it was out on the internet?
KATHERINE MAGBANUA: It was out everywhere. Yes.
MS. KAWASS: Okay. There is no question in your mind that the State thought you were a suspect in this.
KATHERINE MAGBANUA: They were making me a suspect.
MS. KAWASS: All right. And you heard when they were talking about how you were packing up your stuff and leaving?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Describe to the jury what was going on in your mind and what's happening there.
KATHERINE MAGBANUA: When I was packing up the stuff, it's because I had to go for my daughter's birthday to Orlando, so I was already packing up. I kind of had pre-packed clothes already for the whole weekend stay that we had.
MS. KAWASS: Were you also scared to stay in that house after Mr. Garcia was arrested?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Where did you move or go and stay with?
KATHERINE MAGBANUA: Well, actually, my brother advised me that my family didn't feel comfortable for me to live there by myself with the kids. And with everything that was going on, how he got arrested.
MS. KAWASS: You didn't flee the country?
KATHERINE MAGBANUA: No, I did not.
MS. KAWASS: You went to your brother's house in Broward?
KATHERINE MAGBANUA: Yes.
JUDGE HANKINSON: Did you get a good stopping point in the last 35 minutes for a break?
MS. KAWASS: Yes, Yes, Judge, I was agreeing. Now's a good time.
JUDGE HANKINSON: All right, we'll take ten minutes.
JUDGE HANKINSON: Ten minutes.
MS. KAWASS: Ms.
MS. KAWASS: Magbanua, where were you born?
KATHERINE MAGBANUA: The Philippines.
MS. KAWASS: When did you move to the United States?
KATHERINE MAGBANUA: I was around seven, probably six, seven years old.
MS. KAWASS: So do you still have family in the Philippines?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So if you needed to flee the country, you'd have somewhere to go, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, when that warrant was released for you but not executed, because you weren't arrested, they laid out in there that your phone had been tapped, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you go and change your phone number?
MS. KAWASS: Did you continue using that phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: When was the last time you saw that phone?
KATHERINE MAGBANUA: When was the last time I saw that phone, or phone number?
MS. KAWASS: Well, phone. Phone number, because you haven't changed the number, right?
KATHERINE MAGBANUA: At that time, I don't believe so.
MS. KAWASS: Did you have that phone on you when you were arrested?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And that's the last time you saw that phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: The police have it in their custody?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You also, after Sigfredo was arrested, you went and got a burner phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What's a burner phone?
KATHERINE MAGBANUA: Um, well, I just kind of learned about it right now, but having another, like, a phone where it's — you could just throw away.
MS. KAWASS: Is it prepaid?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: So it's not really directly linked to you in any way?
KATHERINE MAGBANUA: Yes, correct.
MS. KAWASS: Why did you do that?
KATHERINE MAGBANUA: Well, when Sigfredo got arrested, right after that, uh, I believe — yeah, that's when he got — he got one for himself and he got one for me.
MS. KAWASS: So who bought you that phone?
KATHERINE MAGBANUA: Sigfredo.
MS. KAWASS: But you continued using your phone?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Were you out of custody when a special by 20/20 with ABC was released?
KATHERINE MAGBANUA: Yes, I was still out.
MS. KAWASS: You were still out, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So you were able to watch it?
KATHERINE MAGBANUA: Yes, I saw it.
MS. KAWASS: And it was very clear that they considered you to be involved in this, right?
KATHERINE MAGBANUA: Well, yes, ma'am.
MS. KAWASS: Okay. Let's talk about the day that you were arrested.
MS. KAWASS: October 1st, 2016.
MS. KAWASS: That was three years ago. Almost to the date.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Do you remember that day?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Very clearly?
KATHERINE MAGBANUA: Clear as day.
MS. KAWASS: Okay. Where did you go that morning?
KATHERINE MAGBANUA: Well, that morning my daughter actually had a ballet recital, so…
MS. KAWASS: Were you with your kids that morning?
KATHERINE MAGBANUA: Yes, ma'am. With my daughter. Thank God— I'm sorry. I'm sorry, and I'm in trouble.
MS. KAWASS: Go ahead.
KATHERINE MAGBANUA: Thank God that my son wanted to stay with my mom.
MS. KAWASS: Were you driving the Lexus that day?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Where did you get pulled over by the Broward Sheriff's Office?
KATHERINE MAGBANUA: I was in a shopping plaza.
MS. KAWASS: Did you still have the kids, or had you dropped them off?
KATHERINE MAGBANUA: Um, my daughter— it was actually a shopping plaza next to Sigfredo's sister's apartment.
MS. KAWASS: Mm-hmm.
KATHERINE MAGBANUA: I just— I mean, I grabbed some food for all of them, so I dropped it off with my daughter, and my daughter wanted to stay there so she could play with her cousins. And then I went— I had to do some errands, so I went to that plaza to go look for clothes for them.
MS. KAWASS: How did you know that the police wanted to interact with you?
KATHERINE MAGBANUA: How did I know?
MS. KAWASS: Describe your arrest. How you got pulled over.
KATHERINE MAGBANUA: It was actually— I was leaving the plaza already, and there was a little bit of congestion in the, like, one part where everybody exits, and I was actually looking around like, oh my God, something's happening or whatever. But then I had guns drawn in front of me, and I didn't even park the car because I was just like— I didn't know if it was for me or somebody around me. So I just— I put my hands up, because at that time too there was a lot of things going on in the news about people getting shot.
MS. KAWASS: Okay. Um, you didn't have a firearm on you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You do own a firearm, or did back then, right?
KATHERINE MAGBANUA: Yes, I did.
MS. KAWASS: And you're not a convicted felon?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: So you're allowed to own a firearm?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But it wasn't in the car?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: So, put your hands up. How many guns were pointed at you?
KATHERINE MAGBANUA: I can't even count. It was just in every direction.
MS. KAWASS: Did you know that they had been following you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: And had they been following you, they would have seen that you just dropped off your kids?
KATHERINE MAGBANUA: Yes, ma'am.
KATHERINE MAGBANUA: What happened to you in the car when you saw all those guns? Uh, well, the car was kind of still going, because, you know, like, I kind of let— I just, I freaked out and I kind of let go of, like, the gas, and I mean the brake, and then I put it on park. They told me, like, put it on park, put it on park. And then I was like, okay, okay, hold on. And then I put it on park. They got me out, and then I believe it was Isom that ran up to me and was just like, you're being arrested.
MS. KAWASS: Okay. Now, I know you recognize Isom now.
KATHERINE MAGBANUA: Yeah, I recognize him now. I've seen him several times.
MS. KAWASS: Was Agent Sanford there? You remember him testifying?
KATHERINE MAGBANUA: I believe so, he was there too.
MS. KAWASS: And you were immediately taken into custody?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did they identify themselves as being with the Tallahassee Police Department?
KATHERINE MAGBANUA: Yes, they did.
MS. KAWASS: Okay. Okay, and you were then taken to what jail?
KATHERINE MAGBANUA: I was taken to Broward.
MS. KAWASS: Since the date of your arrest, you know what the State's theory is, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Describe for me any random day for you in the past three years.
MS. KAWASS: What happens when you wake up in the morning?
MS. CAPPLEMAN: Objection. Relevance.
JUDGE HANKINSON: Ask your question again. Don't answer the question until I rule. Ask your question again.
MS. KAWASS: Describe a day of being in custody to the jury.
JUDGE HANKINSON: I've sustained the objection.
MS. KAWASS: You've been in custody this entire time, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Are you aware that the government wants Charlie Adelson?
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Sustained.
MS. KAWASS: Were you aware that the government has said that you have the key to your own freedom?
MS. CAPPLEMAN: Objection, Judge. Prior ruling.
JUDGE HANKINSON: Don't answer the question. Ask your question. Don't answer, please.
MS. CAPPLEMAN: I'm going to ask for a sidebar for this question.
JUDGE HANKINSON: Okay. All right.
MS. KAWASS: There are televisions in jail, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you were privy to several news reports on this case, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You were aware that the government's position was — you saw a news report where they said that you hold the key to your own freedom. Remember that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What did that mean to you?
MS. CAPPLEMAN: Objection. Relevance.
JUDGE HANKINSON: Overruled.
KATHERINE MAGBANUA: That it's up to me to get out of jail.
MS. KAWASS: Okay. And how would you do that?
KATHERINE MAGBANUA: If I gave up Charlie.
MS. KAWASS: Do you have information that Charlie Adelson was involved in this?
KATHERINE MAGBANUA: Do I have information? I mean, based on everything that we've been seeing, but I don't have personal information.
MS. KAWASS: Based on everything you've seen, do you think Charlie was involved in this?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Do you think Charlie was lying to you?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And the last time you saw your kids was when?
JUDGE HANKINSON: That's not relevant. Anything further, Ms. Kawass?
MS. KAWASS: Are you innocent?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: No further questions at this time.
JUDGE HANKINSON: Garcia.
MR. ZANGENEH: Good afternoon, Ms. Magbanua.
KATHERINE MAGBANUA: Good afternoon.
MR. ZANGENEH: You talked about an incident where my client pulled out behind a vehicle that Charlie Adelson was driving, leaving your — was it a house or an apartment?
KATHERINE MAGBANUA: Yeah, an apartment.
MR. ZANGENEH: You recall what day that was?
MR. ZANGENEH: Does July 1st, 2014 sound about right?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: You've been sitting in this trial the whole time, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: Right over there by Ms. Kawass and Mr. DeCoste, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: You also heard the government indicate that on a day that my client, Sigfredo Garcia, called Charlie Adelson — is that correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: That was on the same day, July 1st, 2014, correct?
KATHERINE MAGBANUA: I'm not quite sure.
MR. ZANGENEH: But so if it was that day, that would coincide on the same day that my client pulled out and tried to stop Charlie Adelson from leaving the home that you were at, correct?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: And you described my client as being upset during this interaction, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: Now You sat here and you heard Luis Rivera testify too, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: You know who Luis Rivera is, right?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: And he indicated that there was a time where he was in the car with my client, they drove up to a restaurant in Brickell. You remember that?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: Mr. Rivera testified to that in this trial.
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: And Mr. Rivera testified that my client saw you and Charlie Adelson having lunch, right?
KATHERINE MAGBANUA: Yes, sir. I believe like a late — I mean, an early dinner.
MR. ZANGENEH: You were at a restaurant eating, correct?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: And Mr. Rivera testified that my client indicated that he wanted to run over Mr. Adelson, correct?
KATHERINE MAGBANUA: Call him— Rivera wanted, I mean, testified that, yeah, your client—
MR. ZANGENEH: That my client wanted to run over Charlie Adelson, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: Now, that was before the July 1st incident, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: Would you agree with me that those two instances are an accurate reflection of my client's feelings on Charlie Adelson?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: Didn't like the fact that you were in a relationship with him, correct?
MR. ZANGENEH: Agree with me that Mr. Adelson knew who my client was, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: And that's evidenced by the fact that there's been a text message correspondence that your own attorneys have shown where you ask Mr. Adelson if my client has called, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: And you did this because you were concerned about my client maybe hurting Charlie Adelson?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: Or I guess at the minimum cussing him out or saying certain ugly things to him.
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: Would that be fair?
KATHERINE MAGBANUA: Mm-hmm.
MR. ZANGENEH: And Mr. Adelson in the text message says something about he wants to take me deep sea fishing, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: That doesn't mean that they were going to go on a friendly fishing trip together, right?
MR. ZANGENEH: Did Mr. Adelson ever do illicit drugs in front of you?
KATHERINE MAGBANUA: Did Mr. Adelson?
MR. ZANGENEH: Correct.
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: Did he — were you aware of — let me phrase it this way: did you know if Charlie Adelson took steroids?
KATHERINE MAGBANUA: I wasn't aware, but...
MR. ZANGENEH: Did you have any suspicions?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: Would it be fair to say that Charlie isn't — wasn't a drug dealer, right? He wasn't a drug dealer, he's a dentist.
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: But he was able to obtain drugs, right?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: Luis Rivera was a drug dealer, correct?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: You knew this?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: He even testified to it in open court that he sold drugs.
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: Were you friendly with Jessica Rodriguez when Luis Rivera got indicted?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: And were you friendly with Jessica Rodriguez during the time that you knew Charlie Adelson?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: And you would mention — I think you mentioned to Jessica Rodriguez about you meeting Charlie, right?
KATHERINE MAGBANUA: Yeah, like, I've mentioned his name to her.
MR. ZANGENEH: I heard — Luis Rivera described himself in court as a jack boy, correct?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: And that means that he's someone that robs people, correct?
MR. ZANGENEH: Robs people at gunpoint, presumably, right. Now, you knew that Luis Rivera owned a firearm, correct?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: And you also knew that he was a member of the Latin Kings?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: He also knew — he was a high-ranking official of the Latin Kings?
KATHERINE MAGBANUA: Yeah.
MR. ZANGENEH: That's something he was very proud of, right? He even has a huge tattoo of his gang membership on his stomach. It's not a fake tattoo, it's a permanent tattoo, correct?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: You got — So you got back together with my client in May of 2015 — is that a rough assessment of when you guys got back together?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: And you'll agree with me that from maybe New Year's Eve or late 2013, that's when you broke up with my client, correct?
KATHERINE MAGBANUA: Yes, sir.
KATHERINE MAGBANUA: Before that.
MR. ZANGENEH: Before that?
KATHERINE MAGBANUA: Yeah, before New Year's Eve of 2013.
MR. ZANGENEH: Late 2013? Not on the last day?
KATHERINE MAGBANUA: No, no, no.
MR. ZANGENEH: 2014 to 2015, you guys were not together, correct? So until May of 2015.
KATHERINE MAGBANUA: And it was your time — I'm sorry, I just wanted to respond.
MR. ZANGENEH: And then from July of 2014 until May of 2015, when you guys rekindled the relationship, my client was actively pursuing you to get back together, correct? And you also agree with me that there were portions of your relationship with Mr. Adelson that continued after you got together with my client, correct?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: And when my client found out that you had been talking to Mr. Adelson — Charlie Adelson, not Harvey, Charlie Adelson — that he became very upset, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: And that's indicative of one of the phone calls that was played for the jury, right?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: That phone call was eight in the morning. It was fairly early.
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: Now You're aware that — well, would this be safe to say, that my client had multiple phones throughout the portion of your relationship with him?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: Would it also be fair to say that Luis Rivera had multiple phones?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: You'd always see Luis with at least two phones, correct?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: And Did you know if Luis had one of his phones for his family and friends and the other ones for his drug dealing and robbing and all the other illicit crimes? The day before my client was arrested, the federal agents went to his work, correct? When — He got home that night — did he pack his bags and attempt to flee?
MR. ZANGENEH: This trip that you guys had was a pre-planned vacation for your family?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: Had you packed up your furniture in the house to leave?
MR. ZANGENEH: Just like an overnight bag for the weekend with your children?
KATHERINE MAGBANUA: Yes. I had been making reservations like a couple days before that, so.
MR. ZANGENEH: Before the agents came to talk to Mr. Garcia?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: You heard the government talk about certain vehicles that my client purchased after this incident.
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: Do you know how much he paid for that Monte Carlo?
KATHERINE MAGBANUA: No. Basically nothing. Next to nothing.
MR. ZANGENEH: Would you consider that to be an extravagant purchase?
KATHERINE MAGBANUA: Yeah.
MR. ZANGENEH: You were in court when Luis Rivera testified to how much money he would make off the robber— off of these rips that he did, correct?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: He said, you know, between ten and twenty thousand dollars per rip.
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: So what he does during these rips — I'm sorry, these robberies — is he targets drug dealers, right?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: And he goes to a drug dealer's house, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: With a gun, probably.
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: And he goes in and he steals their money, right?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: And their drugs, correct?
MR. ZANGENEH: And he was known to do this, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: Did Luis Rivera have a reputation in the community for being a violent person?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: Were people afraid of Luis Rivera?
MR. ZANGENEH: You've known Sigfredo over a decade?
KATHERINE MAGBANUA: Yes.
MR. ZANGENEH: Talked to him a lot?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: Did Sigfredo Garcia ever do anything to help Charlie Adelson?
KATHERINE MAGBANUA: Never.
JUDGE HANKINSON: I think we'll go ahead and take a lunch break now. I don't think the State's going to finish their cross in 20 minutes. We'll just seem to do it all at once.
JUDGE HANKINSON: So let's be back and ready to go at 1 o'clock, please.
JUDGE HANKINSON: Either side need anything?
JUDGE HANKINSON: Have a good lunch. See you at 1 o'clock.
Start of Magbanua Cross by Cappleman is missing from video.
MS. CAPPLEMAN: Did you already testify on cross with Mr. Zangeneh that you, after reviewing this text, do not believe that Mr. Garcia was actually inviting Mr. Adelson to go deep sea fishing?
KATHERINE MAGBANUA: You mean Charlie inviting —
MS. CAPPLEMAN: Oh, Mr. Garcia inviting him?
KATHERINE MAGBANUA: No, I believe not.
MS. CAPPLEMAN: So that was a joke?
KATHERINE MAGBANUA: I took it as a joke. I mean, from reading it.
MS. CAPPLEMAN: All right.
KATHERINE MAGBANUA: He's being sarcastic.
MS. CAPPLEMAN: You were involved in the text, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right, so was it a joke or not?
KATHERINE MAGBANUA: To me, yes, it was a joke.
MS. CAPPLEMAN: Okay. So you were worried about Mr. Garcia contacting Mr. Adelson.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: But you don't have any knowledge whether he did, or that he actually did.
KATHERINE MAGBANUA: Um, no.
MS. CAPPLEMAN: Okay. Why are your lawyers trying to suggest that Mr. Garcia contacted Mr. Adelson?
KATHERINE MAGBANUA: Why are they trying to suggest that he contacted him?
MS. CAPPLEMAN: Yeah.
KATHERINE MAGBANUA: I don't know.
MS. CAPPLEMAN: Did Mr. Garcia even know that Charlie Adelson was the one paying for this murder?
KATHERINE MAGBANUA: Repeat that question again.
MS. CAPPLEMAN: Did Mr. Garcia even know that Mr. Adelson was the one behind this whole thing?
KATHERINE MAGBANUA: What time?
MS. CAPPLEMAN: Ever.
KATHERINE MAGBANUA: I believe not.
MS. CAPPLEMAN: Okay. Because you didn't tell him who it was, did you?
KATHERINE MAGBANUA: I didn't know who it was.
MS. CAPPLEMAN: You told him it was Wendi, didn't you?
MS. CAPPLEMAN: You watched the testimony of Luis Rivera, didn't you?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: And you testified that he is a gang member, yes?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: That he is a violent person, correct?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Member of the Latin Kings, and a crown or head of that organization, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: You testified that you know he has a tattoo, a large tattoo on his stomach, and that you know about how many phones he has. Remember that?
KATHERINE MAGBANUA: Well, he said that he had two phones.
MS. CAPPLEMAN: Okay. And that you know about some of his criminal activities — you testified about certain things he engages in.
KATHERINE MAGBANUA: Rivera, you're talking about?
MS. CAPPLEMAN: Yeah.
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: Yeah. All right. But you also said you don't know him very well.
KATHERINE MAGBANUA: When did I say that?
MS. CAPPLEMAN: On direct examination.
KATHERINE MAGBANUA: I mean, I know — okay, I mean, he's — he's been around us before, like —
MS. CAPPLEMAN: I mean, he's the best friend of your child's father, correct?
KATHERINE MAGBANUA: I would guess so.
MS. CAPPLEMAN: They've known each other since childhood.
KATHERINE MAGBANUA: Since they were young, yes.
MS. CAPPLEMAN: So you've known Mr. Rivera as long as you've known Mr. Garcia?
MS. CAPPLEMAN: When did you meet Mr. Rivera?
KATHERINE MAGBANUA: Years later.
MS. CAPPLEMAN: Okay. Did you hear Mr. Rivera get asked about his opportunities to review the evidence in this case?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And you've had those same opportunities, haven't you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: How much time have you spent reviewing the evidence in this case?
KATHERINE MAGBANUA: Well, just probably the last month or two, because we didn't have a lot of the evidence.
MS. CAPPLEMAN: Okay. So before that you weren't aware of any of the facts of the case?
KATHERINE MAGBANUA: I was aware of some of the facts of the case.
MS. CAPPLEMAN: And it's your testimony that — did your lawyers tell you they didn't have anything until last month?
KATHERINE MAGBANUA: No, we only had a couple of the things. Like, there's certain things that you guys just showed us.
MS. CAPPLEMAN: Okay, during this trial right now. How much time have you spent reviewing the evidence in this case? How much time?
KATHERINE MAGBANUA: Not a lot.
MS. CAPPLEMAN: How much?
KATHERINE MAGBANUA: I can't give you a certain time. A couple hours, maybe.
MS. CAPPLEMAN: Okay. And you can read, can't you? You're an educated person, aren't you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: College graduate?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. How far did Mr. Garcia get in school?
KATHERINE MAGBANUA: Uh, he has a GED, but he has certifications as well.
MS. CAPPLEMAN: All right. Certifications in —
KATHERINE MAGBANUA: Masonry.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: Heavy equipment.
MS. CAPPLEMAN: Heavy equipment operation.
MS. CAPPLEMAN: All right. And did you have a lot of control over Mr. Garcia?
MS. CAPPLEMAN: I mean, were you the one that wore the pants in that relationship when y'all were together?
KATHERINE MAGBANUA: I mean, he listened to certain things, but there's a lot of things that he just wouldn't listen to as well.
MS. CAPPLEMAN: Okay. And when he was working, his paychecks went directly into your account, is that right?
KATHERINE MAGBANUA: In what job?
MS. CAPPLEMAN: Uh, whenever he was working. Did that —
KATHERINE MAGBANUA: You tell me.
MS. CAPPLEMAN: Yeah.
KATHERINE MAGBANUA: He'd give me a portion of his paycheck.
MS. CAPPLEMAN: A portion, or the whole thing?
KATHERINE MAGBANUA: Sometimes a portion, sometimes the whole thing. It depends. It's not a set amount.
MS. CAPPLEMAN: Okay. At the time frame that we looked at for purposes of this investigation, his whole paycheck was going into your account. Would you agree with that? Would you agree with that? His whole paycheck, when he was working at Rapid Capital.
KATHERINE MAGBANUA: Yes. I don't believe he was giving me his whole paycheck.
MS. CAPPLEMAN: Okay. In the time frame leading up to the homicide that we're here about —
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Mr. Garcia was living with this exotic dancer who was known by the name of Shrimp, right? And he was not steadily employed at that time, correct? And in fact he had no vehicle at that time.
KATHERINE MAGBANUA: I believe he did have a vehicle.
MS. CAPPLEMAN: Okay. What vehicle did he have?
KATHERINE MAGBANUA: I don't know, because he's always changing up his cars, and —
MS. CAPPLEMAN: — rarely had any money during that time frame. Would you agree with that? When he was living with her?
KATHERINE MAGBANUA: Yes, ma'am. I don't know if he had a steady income or something, but he did —
MS. CAPPLEMAN: He was living off of her, would you agree with that?
KATHERINE MAGBANUA: You know, I don't know.
MS. CAPPLEMAN: He took off work to come to Tallahassee in June of 2014, and that was at the Coastal Masonry. Did you know about that, that he had taken off work during this —
KATHERINE MAGBANUA: I didn't even know he was working at that time.
MS. CAPPLEMAN: And you didn't take him to the rental car place.
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Well, why do your phone records put you there in that time frame?
KATHERINE MAGBANUA: It was around other businesses. I don't — I don't recall what I did that day.
MS. CAPPLEMAN: You don't recall what you did that day, but you know you didn't go to that rental car place, right? Yeah, that you do remember.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: If you had fled to the Philippines as your attorney suggested you could have, you could have still been arrested for this murder, correct?
KATHERINE MAGBANUA: I believe so.
MS. CAPPLEMAN: Yeah. And your fleeing could have been used against you as consciousness of guilt, right?
KATHERINE MAGBANUA: But why would I leave?
MS. CAPPLEMAN: I don't know.
KATHERINE MAGBANUA: That's my point.
MS. CAPPLEMAN: You wouldn't.
KATHERINE MAGBANUA: I did.
MS. CAPPLEMAN: You admitted you lied on your tax returns, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And you admitted you lied to the Department of Children and Families, yes?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And do you know what the statute of limitations is on those crimes?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Your attorney didn't advise you that it would be okay to admit those crimes because the statute of limitations had run?
KATHERINE MAGBANUA: It was the truth, ma'am. She was asking me a question.
MS. CAPPLEMAN: So you don't know about that?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: As far as you know, you could be charged with that.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. So you've admitted that you had a sexual relationship with both Sigfredo Garcia and Charlie Adelson around the same time frame.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And they knew about each other, according to your direct examination?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Meaning they knew each other existed, or they knew — actually knew — that you were sleeping with both of them at the same time?
KATHERINE MAGBANUA: No, they knew each other existed.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: So they didn't know that you were — each one didn't know you were sleeping with the other one?
KATHERINE MAGBANUA: No, ma'am.
KATHERINE MAGBANUA: I mean, I didn't think that I had to tell either one that I was sleeping with the other.
MS. CAPPLEMAN: Okay. And that's also known as lying, would you agree?
KATHERINE MAGBANUA: No, I don't agree with that.
MS. CAPPLEMAN: Okay. You understand that today you're sworn to tell the whole truth?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. And you also lied to Charlie Adelson about, I think, certain things that were happening around the time of that bump and that wire.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. You lied to him when you told him that you had called the number on the paper, right? And you were actually trying to get Mr. Garcia to call that number, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And did you tell Mr. Garcia that you were trying to get him to call the number for Mr. Adelson?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: All right. And you testified on direct that the reason you went to Mr. Garcia for assistance is not because he had something to do with this murder, but because he's your child's father and that's who you go to when you have a problem, right?
KATHERINE MAGBANUA: Well, at that specific time, yes.
MS. CAPPLEMAN: All right. And that's why you solicited him to commit this murder, right?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: And he's the person you go to when you have a problem.
KATHERINE MAGBANUA: I — you would insinuate that, yes, but that's your opinion. No, that's not what happened.
MS. CAPPLEMAN: Is that a person you go to when you have a problem?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: You didn't ask Mr. Garcia to help this lady get her kids back in Tallahassee?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: You didn't solicit him to commit a murder of Dan Markel?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Do you know who Tuto is?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Who is Tuto?
KATHERINE MAGBANUA: Sigfredo Garcia.
MS. CAPPLEMAN: And who is Tato?
KATHERINE MAGBANUA: Luis Rivera.
MS. CAPPLEMAN: And when Charlie Adelson told you that the person that approached his mother said these names, you didn't tell him that you knew exactly who those people were, did you?
KATHERINE MAGBANUA: Didn't tell whom?
MS. CAPPLEMAN: Charlie Adelson.
KATHERINE MAGBANUA: That I didn't tell him who Tuto was? He didn't mention Tuto's name until later on.
MS. CAPPLEMAN: He mentioned Tuto's name on those wire calls, didn't he?
KATHERINE MAGBANUA: Yeah, on the phone calls.
MS. CAPPLEMAN: And he mentioned Tato's name on the wire calls.
KATHERINE MAGBANUA: But that was later on.
MS. CAPPLEMAN: Okay. Whenever it was.
KATHERINE MAGBANUA: Yeah.
MS. CAPPLEMAN: He mentioned those names to you, and you didn't say, oh, I know exactly who that is. That's my baby daddy and his best friend.
KATHERINE MAGBANUA: But he knows Tuto's name.
MS. CAPPLEMAN: Okay. Well, he didn't act like he knew it on the wire, did he?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: He did act like he knew?
KATHERINE MAGBANUA: No, he didn't. He acted like — that's why it was kind of weird, when he kept saying, like, Taco or whatever. He knows Tuto's name.
MS. CAPPLEMAN: Did he know Tato's name?
MS. CAPPLEMAN: Okay. So he never met Tato, to your knowledge. All right. And so he knew Tuto's name. Why didn't you say, Tuto — you know who Tuto is. Tuto is my baby daddy.
KATHERINE MAGBANUA: I just didn't say — I just — I told — I just told you that it sounded weird that he's saying a different name when he knows Tuto's name.
MS. CAPPLEMAN: Yeah, it sounded weird. So my question is, why didn't you say, what are you talking about, you know who Tuto is?
KATHERINE MAGBANUA: I didn't ask.
JUDGE HANKINSON: That's an answer. Overruled.
MS. CAPPLEMAN: What's your answer?
KATHERINE MAGBANUA: I just didn't ask.
MS. CAPPLEMAN: Okay, because you don't ask questions. I mean, haven't we pretty much established that?
MS. CAPPLEMAN: You didn't ask any questions when this bump went down about what's going on? Why am I getting involved in this?
MS. CAPPLEMAN: Why would I help you try to figure out who this is that's extorting your mother?
KATHERINE MAGBANUA: I did ask.
MS. CAPPLEMAN: When Charlie Adelson told you that his mother had said your name —
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. When was that? When did he tell you?
KATHERINE MAGBANUA: See, the time frame, I'm getting confused, because I don't — I don't know if it was in a phone call or when he met with me in Dolce Vita.
MS. CAPPLEMAN: Okay. So because —
KATHERINE MAGBANUA: He was saying ex-girlfriend before, and then all of a sudden he's saying my name.
MS. CAPPLEMAN: Yeah. So at first he just knew ex-girlfriend, he didn't know for sure it was you.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: But you're the one who called, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: He has a lot of ex-girlfriends, as y'all discussed on the calls.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Do you know why it is that he chose you out of all the 87 ex-girlfriends to call?
KATHERINE MAGBANUA: He's just exaggerating about the 87 girlfriends. I don't — I don't know why he called me.
MS. CAPPLEMAN: All right. Well, how many does he have?
KATHERINE MAGBANUA: I was the only — last ex-girlfriend, like, that he was dating, to his knowledge.
MS. CAPPLEMAN: But they didn't say last ex-girlfriend.
KATHERINE MAGBANUA: No, but I'm saying, he said ex-girlfriend. I was his last ex-girlfriend.
MS. CAPPLEMAN: Okay. Why did you help Charlie investigate who this person was that approached his mother?
KATHERINE MAGBANUA: I can't tell you why. Like, I didn't — I mean, he's asked me weird stuff before. But somebody mentioned my name, and that's what piqued my interest. I was like, why would somebody approach your mother saying my name?
KATHERINE MAGBANUA: And then I didn't know about Tuto's name until later on.
MS. CAPPLEMAN: But even before that, you were willing to help him with this problem, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Is it your testimony to this jury that you don't recall any of the conversation that occurred between you and Charlie Adelson at Dolce Vita?
KATHERINE MAGBANUA: Not that I didn't remember. I just — there's — I know he was saying different scenarios. Somebody bumped into his mom, and he was saying different scenarios. But, like I said, he goes on that it could be cops, or it could be somebody harassing his family for money, or extorting his family for money. I don't know, because he's always talking about the cops.
MS. CAPPLEMAN: Okay. But you didn't ask him why the cops would be running an undercover operation on his mother.
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: And you don't remember him reading to you a phone number from a piece of paper?
KATHERINE MAGBANUA: No, ma'am. He didn't show me a paper. He might have given me a number — like, giving me a number — but he didn't show me any paper.
MS. CAPPLEMAN: Okay. But you've seen the video, correct? Of the Dolce Vita?
KATHERINE MAGBANUA: Yes, ma'am. Yes, ma'am.
MS. CAPPLEMAN: And he pulled out a piece of paper clearly on that video, right?
KATHERINE MAGBANUA: No, ma'am, he did not. He did not show me any paper.
MS. CAPPLEMAN: All right. Is that you and Charlie on the video? I know you can only see your legs, but is that you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. That's Charlie Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. So he told you different scenarios. It could be the cops, or it could be what else?
KATHERINE MAGBANUA: Somebody extorting money from his family.
MS. CAPPLEMAN: And why would somebody be extorting money from his family?
KATHERINE MAGBANUA: I don't know. He's had dealings with other people before, like —
MS. CAPPLEMAN: But to extort, you have to have some leverage on the person, right? You have to have something on them.
KATHERINE MAGBANUA: I guess.
MS. CAPPLEMAN: And what was the thing that this person might have on Mr. Adelson?
KATHERINE MAGBANUA: He didn't — I mean, he might have said something, but, like I said, he just goes on and on about stuff.
MS. CAPPLEMAN: And he told you to find out who this was that contacted his mother.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And do you recall him telling you that this person, if it's not the cops, may need to be killed?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Do you remember that he said — well — Let me ask it this way. You talked about on direct that you just kind of tuned him out during this conversation. Is that accurate?
KATHERINE MAGBANUA: Certain conversations, yes.
MS. CAPPLEMAN: Okay. But you can tell the jury that he definitely did not say that the person may need to be killed.
KATHERINE MAGBANUA: Yes, because I'd remember something like that.
MS. CAPPLEMAN: Oh, you would have tuned back in for that?
KATHERINE MAGBANUA: I would just remember him saying, like, why would you say something like that?
MS. CAPPLEMAN: What else can you tell the jury specifically about that conversation?
KATHERINE MAGBANUA: I don't remember much about that conversation. Like I said, that was years ago.
MS. CAPPLEMAN: You don't remember much? That's still good enough for us. Tell us what you do remember.
KATHERINE MAGBANUA: That he was saying the same thing, that he thought, you know, like, it could be the cops or somebody extorting money from his family. That's it. That's all I can recall.
MS. CAPPLEMAN: Did he tell you the phone number of the person that he wanted you to call?
KATHERINE MAGBANUA: I don't know if he told me the phone number there or at a later time.
MS. CAPPLEMAN: Okay. But at some point you got that phone number.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. Do you remember Charlie Adelson at that Dolce meeting telling you that you should call the number and tell the person that he is — or you are — willing to help out the person, but it was a one-time deal and it was just for charity? Did that occur?
KATHERINE MAGBANUA: I only remember that because of a portion of the tape where you had some transcript, and I might have read that part. But I don't remember that from that day.
MS. CAPPLEMAN: Okay. And so if he was going to keep this person quiet through the guise of an act of charity, that was kind of similar to how he kept you quiet, right?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: He gave you a lot of gifts, didn't he?
KATHERINE MAGBANUA: Which gifts?
MS. CAPPLEMAN: Well, he gave you a paid-for trip to Santo Domingo for you and Mr. Garcia. Is that true?
KATHERINE MAGBANUA: No, that's actually for my children and I visiting his parents, his mom, my mother-in-law.
MS. CAPPLEMAN: Did Charlie pay for it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did he call in prescriptions for you? Mr. Adelson?
KATHERINE MAGBANUA: Did he call in prescriptions for me? Yes, ma'am. Yes, he has before.
MS. CAPPLEMAN: Did he let you drive his Ferrari?
MS. CAPPLEMAN: Did he pay for your Mazda repair?
KATHERINE MAGBANUA: Not that I can recall. I'm pretty sure I pay for my Mazda repairs.
MS. CAPPLEMAN: Did he pay for your insurance?
KATHERINE MAGBANUA: For what?
MS. CAPPLEMAN: Insurance?
KATHERINE MAGBANUA: I didn't have insurance through him.
MS. CAPPLEMAN: So no to insurance, no to Mazda repair, and no to Ferrari?
KATHERINE MAGBANUA: Yeah. No, I never drove his Ferrari.
MS. CAPPLEMAN: Did he pay for a meal service for you?
KATHERINE MAGBANUA: Yes, I remember that.
MS. CAPPLEMAN: Did he pay your credit card bill one time when you couldn't make your credit card bill?
KATHERINE MAGBANUA: Not that I can recall.
MS. CAPPLEMAN: Did he ever give you cash?
KATHERINE MAGBANUA: Not that I can recall.
MS. CAPPLEMAN: On May 20, 2015, do you recall sending a text to Mr. Adelson asking him for money?
KATHERINE MAGBANUA: I don't remember that.
MS. CAPPLEMAN: And do you remember Mr. Adelson giving you $1,400 six days later?
KATHERINE MAGBANUA: I don't remember that.
MS. CAPPLEMAN: Is that something you would remember?
KATHERINE MAGBANUA: Yes, if he gave me that amount of money.
MS. CAPPLEMAN: But your testimony is you don't have any recollection of him ever giving you any cash.
KATHERINE MAGBANUA: Yeah, I don't remember that.
MS. CAPPLEMAN: And you never saw any cash in his place when you were over there?
MS. CAPPLEMAN: Did he pay for a cruise for you and your mom?
MS. CAPPLEMAN: Did he pay for breast augmentation for you?
MS. CAPPLEMAN: Did he pay for teeth whitening for you or your family?
KATHERINE MAGBANUA: No, I pay for my teeth, my hair.
MS. CAPPLEMAN: Did he offer to let you use his boat?
KATHERINE MAGBANUA: He's offered, yes, but I never took it.
MS. CAPPLEMAN: What about his limousines?
KATHERINE MAGBANUA: I paid for the limousine service.
MS. CAPPLEMAN: He owns a limo, right?
KATHERINE MAGBANUA: I don't think — I didn't know if he owned the limo. I just, like, paid the driver, for, like, hourly.
MS. CAPPLEMAN: Okay. You tip the driver, or you paid hourly for the service?
KATHERINE MAGBANUA: Hourly for the service.
MS. CAPPLEMAN: And would any of those things have come out of your account? Either of your bank accounts?
KATHERINE MAGBANUA: I mean, I had the cash for it.
MS. CAPPLEMAN: So you paid for all the things that we just talked about in cash?
KATHERINE MAGBANUA: I don't remember. I don't recall if I made some with my credit card, made some with my — paid some with cash.
MS. CAPPLEMAN: What about the Mazda repair? Do you recall whether you paid for that with cash or credit card?
KATHERINE MAGBANUA: I think I paid with a credit card.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: I'm not a hundred percent sure. It depends, like, whatever amount that I make in the club, and, like, I start saving up, then I put it away, so I can have between two, three thousand dollars on me.
MS. CAPPLEMAN: When you say put it away, what do you mean?
KATHERINE MAGBANUA: Like, put it in my bank.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: Like, I'll save it up in my house, and then I'll put it away when I get a chance to go to the bank.
MS. CAPPLEMAN: Okay. But all these things that you have paid for — like, let's just take the breast augmentation, for example — you indicate you paid for that.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: But there — if you're putting your cash in the bank, there's no cash withdrawal to correspond to you paying cash for that.
KATHERINE MAGBANUA: But I wouldn't take — I'm not going to deposit money that I'm going to use already. I already saved up that money.
MS. CAPPLEMAN: Okay. So you would save the money separately, not deposit it?
KATHERINE MAGBANUA: Well, I knew — yeah, because I already had my consultation in the beginning of that year, of the beginning of 2014, so I was already saving up, okay, so that when I get them —
MS. CAPPLEMAN: Go ahead. You were saving up for the breast augmentation?
KATHERINE MAGBANUA: Yeah.
MS. CAPPLEMAN: But you needed Charlie Adelson to put you on the payroll so that you could get insurance for your kids.
KATHERINE MAGBANUA: I was saving because I've always wanted my breast augmentation.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: And the insurance for my kids is because my son had a disability, so I had to do a bunch of therapies for my son.
MS. CAPPLEMAN: Okay. And you heard that Wendi Adelson testified that she's never known her brother to give any gifts to any ex-girlfriends. Did you hear that?
KATHERINE MAGBANUA: No, I don't recall that.
MS. CAPPLEMAN: Okay. Well, what makes you so special that Charlie Adelson wanted to give you all these things after the end of your relationship?
KATHERINE MAGBANUA: All these things — like, you make it seem like he's giving me all of this stuff out of the blue.
MS. CAPPLEMAN: Yeah, I do make it seem like that. Why is he giving you all this stuff?
KATHERINE MAGBANUA: I don't know.
MS. CAPPLEMAN: Why did he put you on the payroll?
MS. CAPPLEMAN: Is that as a favor?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Not as payment for murder?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Not to keep you happy?
KATHERINE MAGBANUA: Why wouldn't he just pay me the cash?
KATHERINE MAGBANUA: Why would I have to get a check from somewhere?
MS. CAPPLEMAN: I'm going to ask the questions, okay?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right, so he put you on the payroll two months after the homicide, yes?
KATHERINE MAGBANUA: Two months after the homicide, I was started.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right, and were you involved in a sexual relationship with Mr. Adelson at that time?
KATHERINE MAGBANUA: I'm not — I'm not 100% sure, like, at the time frame. I believe so.
MS. CAPPLEMAN: Okay, so you were still sleeping with him after the homicide?
KATHERINE MAGBANUA: I believe so.
MS. CAPPLEMAN: And was there an actual job opening at the Adelson Institute that you filled with this position?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: All right, so it's a position that he created for you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right, and you heard testimony from the employees that work there that they've never heard of anybody working remotely before in the history of that office.
MS. CAPPLEMAN: Why did Mr. Adelson create a position for you?
KATHERINE MAGBANUA: Well, I asked him for a favor if he can do that.
MS. CAPPLEMAN: Okay.
MS. CAPPLEMAN: Job description did you have when you worked for Mr. Adelson?
KATHERINE MAGBANUA: I said I was just, like, his personal assistant. I wasn't going to the office for that.
MS. CAPPLEMAN: Why did you on the wire talk about going to the office on the weekends?
KATHERINE MAGBANUA: Because he did want me to go in the office to clean up a bit, but I never — I never did.
MS. CAPPLEMAN: Wasn't it a joke between you and Mr. Adelson about this job that you were performing for him? I guess you didn't do anything on the laptop in reference to his work.
KATHERINE MAGBANUA: On the laptop? Yes, ma'am.
MS. CAPPLEMAN: Like signing in into the Dentrix?
KATHERINE MAGBANUA: Yeah, I believe I've done it before.
MS. CAPPLEMAN: How many times did you — the patients, like the scheduling? Okay, and did you schedule any patients?
KATHERINE MAGBANUA: No, I didn't schedule anything.
MS. CAPPLEMAN: Are there any patients we could call that could verify that they've ever had any contact with you?
KATHERINE MAGBANUA: Not that I can recall, no.
MS. CAPPLEMAN: Employment that you talked about — you testified that you were, in fact, employed at a nightclub around the time of the homicide. Is that right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right, and you said that you make up to $1,500 a night at the nightclub.
KATHERINE MAGBANUA: At a good day — a good night.
MS. CAPPLEMAN: And what — at what nightclub was that?
KATHERINE MAGBANUA: That was at Fate.
MS. CAPPLEMAN: All right. And Fate's the place that wrote you the checks that bounced?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And on those checks that bounced, the amount was — I can't remember exactly, but maybe $1,200 or $1,700 for a month, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: That was tips for a whole month?
KATHERINE MAGBANUA: No. The reason why they gave us those checks, and the reason why it bounced — because a lot of us girls were complaining about it — it's supposed to be the way that, like, the owner or the whatever accountant guy that did it, he wanted to do just a percentage. So if, like, they swipe their card, a percentage of that is supposed to be our tips. Anything that's cash that the patrons, you know, pay for is, like, go straight to our pocket.
MS. CAPPLEMAN: Okay, so that was credit card?
KATHERINE MAGBANUA: Yeah, like a credit card percentage.
MS. CAPPLEMAN: All right. And so your credit card tips for the month were whatever that amount was.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. And that's what bounced.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Twice. Did you quit Club Fate because of the bouncing checks?
KATHERINE MAGBANUA: Yes, ma'am. And they were withholding some of our, like, money.
MS. CAPPLEMAN: How many times in your career as a bottle girl did you make $1,500 in one night?
KATHERINE MAGBANUA: How many times? Yeah, I can't recall.
MS. CAPPLEMAN: More than five?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: More than ten?
KATHERINE MAGBANUA: I can't — I can't give you, like, a specific number.
MS. CAPPLEMAN: Would you agree with Ms. Mascaro's testimony that an average night at the clubs was $100 to $200?
MS. CAPPLEMAN: Would you agree with that?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Would you agree with Ms. Mascaro's testimony that a good night at the club was $400 to $500?
KATHERINE MAGBANUA: A good night — that's a good night to her. Okay, but she was working in Hollywood Live with me. Fate was a higher-scale club, and I was also doing bartending as well. She was in bartending at those places.
MS. CAPPLEMAN: All right, and did the club that Ms. Mascaro worked at — the lower-end club — did the checks bounce there as well?
KATHERINE MAGBANUA: No, we never received checks in that club.
MS. CAPPLEMAN: And do you have any documentation to show that you were, you know, like schedules or something like that, to show your schedule around the time of the homicide at these clubs?
KATHERINE MAGBANUA: I mean, I should have had it in my Texas. Like, sometimes they give us a schedule, or they'll call us and tell us, okay, can you come in this day. Or we would — for that weekend, we would already know more or less what days to come in.
MS. CAPPLEMAN: Okay. And who was your boss at that time?
KATHERINE MAGBANUA: I can't even remember his name, because he got fired.
MS. CAPPLEMAN: All right. Is he here? Is he in Tallahassee for this trial?
MS. CAPPLEMAN: What about any girls that you worked with? Anybody?
KATHERINE MAGBANUA: I don't remember their names, no. This was regular customers.
MS. CAPPLEMAN: Would you agree, Ms. Magbanua, that you deposited thirteen thousand dollars in cash in August of 2014?
KATHERINE MAGBANUA: If that's what my bank records show.
MS. CAPPLEMAN: Okay. And that's the month after the murder, right?
KATHERINE MAGBANUA: I believe so.
MS. CAPPLEMAN: You can't make that much at the club, can you — the thirteen thousand dollars?
KATHERINE MAGBANUA: Yeah, unless I've saved up and then I just deposited it that month.
MS. CAPPLEMAN: Okay. Is that what happened?
KATHERINE MAGBANUA: But all my income wasn't specifically from there. There's times that I've gotten money from Sigfredo.
MS. CAPPLEMAN: All right. Well, is it a coincidence —
KATHERINE MAGBANUA: Well, in your diagram, yes.
KATHERINE MAGBANUA: I guess so.
MS. CAPPLEMAN: You came into immediately after this homicide.
KATHERINE MAGBANUA: From your diagram, I could see that, but I don't recall that.
MS. CAPPLEMAN: When did Sigfredo Garcia find out that Charlie Adelson was involved in this conspiracy?
KATHERINE MAGBANUA: When did he find out?
MS. CAPPLEMAN: Yeah.
KATHERINE MAGBANUA: I believe when he got arrested.
MS. CAPPLEMAN: What about when you came home after meeting with Charlie Adelson at Dolce Vita? Did you tell Mr. Garcia that you'd met with Mr. Adelson?
KATHERINE MAGBANUA: I don't — I don't know about the time frame again. I don't know if when I came home I said that I spoke to Charlie.
MS. CAPPLEMAN: Would you agree in the calls and texts that follow that meeting with Mr. Adelson, Mr. Garcia is really angry with —
KATHERINE MAGBANUA: Yes. Yes.
MS. CAPPLEMAN: Okay. And he said in that text that we listened to recently, or somebody read from the stand: "Whatever is going on with you and your homie is your business. You guys work that shit out. Don't text me." Who's your homie in that sentence?
KATHERINE MAGBANUA: I believe he was referring to Charlie.
MS. CAPPLEMAN: Right. And he was angry to find out that Charlie was involved, wasn't he?
KATHERINE MAGBANUA: I believe so, yes.
MS. CAPPLEMAN: Charlie told you he wanted this problem flushed. You were asked about that call on direct.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And was the problem the gang member who was threatening to extort his mother?
KATHERINE MAGBANUA: I know he was just joking about that on that phone call, but I think it's because I used the restroom, and then he referred to it as the problem flushing.
MS. CAPPLEMAN: And because he was really talking to Ginger on the phone first, right? And I got the whole reference to the bathroom humor. But the problem that he's referring to that he wants flushed is this guy that's extorting his mother, right?
KATHERINE MAGBANUA: I believe so.
MS. CAPPLEMAN: And flushing — he wants the problem resolved.
KATHERINE MAGBANUA: I would assume.
MS. CAPPLEMAN: You're the one to do it, I guess. Is Mr. Garcia familiar with handguns? Is he familiar with the world?
KATHERINE MAGBANUA: Yes, ma'am. I guess so.
MS. CAPPLEMAN: Have you seen the ATM images that are in evidence in this case?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. Is that Mr. Rivera and Mr. Garcia?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Mr. Garcia dumped his phone right after this murder, didn't he?
KATHERINE MAGBANUA: Shortly after.
KATHERINE MAGBANUA: I guess so.
MS. CAPPLEMAN: I mean, you were blowing him up and couldn't get him because the phone was off, right?
KATHERINE MAGBANUA: I believe so.
MS. CAPPLEMAN: Do you have WhatsApp — or I should ask, back in 2014, did you have WhatsApp on your phone?
KATHERINE MAGBANUA: I think so.
MS. CAPPLEMAN: What is WhatsApp?
KATHERINE MAGBANUA: It's just another, like, instant message.
MS. CAPPLEMAN: Did you hear the testimony about Wendi Adelson having visited the crime scene?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And did Ms. Adelson communicate with you through WhatsApp or any other type of communication the day of the murder?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Did Charlie Adelson let you know in any WhatsApp or any other kind of way that Mr. Markel had been shot on the day of the murder?
MS. CAPPLEMAN: Did you tell Yindra Mascaro that Mr. Markel had been in a car accident?
KATHERINE MAGBANUA: I said an accident. I'm not 100% sure if I said car accident.
MS. CAPPLEMAN: Do you have any reason to question her memory that you said car accident?
MS. CAPPLEMAN: Did you talk to Luis Rivera on the day of the money drop?
KATHERINE MAGBANUA: Did I talk to him? I believe he called me.
KATHERINE MAGBANUA: He called my phone.
MS. CAPPLEMAN: And so is that a coincidence, that that's the one time you've ever spoken to Mr. Rivera on the phone, right? From all the records that we have in this case.
MS. CAPPLEMAN: Do you agree with that?
KATHERINE MAGBANUA: I don't know if I've spoken to him at any other time, though. Not that I can recall.
MS. CAPPLEMAN: Okay. And when did you find out that Dan Markel had been murdered?
KATHERINE MAGBANUA: I found out when he got arrested, when Sigfredo got arrested.
MS. CAPPLEMAN: All right, so your lawyer asked you — I can't remember exactly what she asked you, but the gist of it was, wouldn't you dump your phone if you'd been involved in criminal activity?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And isn't it true that you did, in fact, drop your phone — not the day that you say you found out Dan Markel was killed, but the day that law enforcement went up to see Mr. Garcia at Rapid Capital?
KATHERINE MAGBANUA: No. I still had the same phone.
MS. CAPPLEMAN: Okay, but you weren't using it. It was turned off, right?
KATHERINE MAGBANUA: No, I was still using my phone.
MS. CAPPLEMAN: You didn't go to Walmart and purchase a burner phone?
KATHERINE MAGBANUA: I was afraid to purchase that.
MS. CAPPLEMAN: Yeah, but you went with him, didn't you?
KATHERINE MAGBANUA: That day, yes. I believe so.
MS. CAPPLEMAN: And you both got new phones that day?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: And that was the same day that law enforcement came to your residence and went to Rapid Capital — same day?
KATHERINE MAGBANUA: Same time.
KATHERINE MAGBANUA: I think that was the following day.
MS. CAPPLEMAN: The following day is the day you got arrested, right?
KATHERINE MAGBANUA: Oh, yes. Yes, yes.
MS. CAPPLEMAN: Okay, so it was the day that law enforcement came to your residence.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Isn't it true that you've been offered some kind of big payoff if you refuse to cooperate against Charlie Adelson?
KATHERINE MAGBANUA: If I refuse?
MS. CAPPLEMAN: Yes, ma'am.
MS. CAPPLEMAN: Has anybody offered you some money?
MS. CAPPLEMAN: Do you remember telling anybody that you would be able to stay home after you get acquitted and have a tutor for your kids, to be homeschooled at the house?
KATHERINE MAGBANUA: Never made that comment.
MS. CAPPLEMAN: Did you ever show your breasts to some people and tell them that you got them courtesy of the professor?
KATHERINE MAGBANUA: Definitely never happened.
MS. CAPPLEMAN: Did you ask somebody if she thought God would forgive you for the role you had in this case?
MS. CAPPLEMAN: You indicated — and we saw the picture of you after your breast enhancement — and the testimony was that your tips increased after breast surgery, right?
KATHERINE MAGBANUA: Yes, ma'am. Yes.
MS. CAPPLEMAN: Okay. And if you look on this —
KATHERINE MAGBANUA: Yes, ma'am.
KATHERINE MAGBANUA: Yes.
KATHERINE MAGBANUA: Ma'am.
MS. CAPPLEMAN: You seem confused about when exactly your relationship with Mr. Adelson ended. I thought on direct you indicated that he faded into the background around the time that Mr. Markel was killed. Is that your testimony or not?
KATHERINE MAGBANUA: I mean, I guess I didn't realize it until now — like the whole him, as Ms. Kawass was saying, about the ghosting me.
KATHERINE MAGBANUA: I didn't realize that until now.
MS. CAPPLEMAN: But does that sound like the right time frame that that occurred?
MS. CAPPLEMAN: All right. And you talked about the media attention on this case and how the media reports — basically, you were able to read those after Mr. Garcia's arrest. Is that right?
MS. CAPPLEMAN: But the media reports were present before his arrest as well, right?
KATHERINE MAGBANUA: No, I wasn't aware of any media reports before Sigfredo was arrested.
MS. CAPPLEMAN: Yeah, even around the time of this homicide there was reports coming out that indicated that there may be some connection to South Florida.
KATHERINE MAGBANUA: I wasn't aware of it.
MS. CAPPLEMAN: And you were asked if you knew you were being recorded on the wire, and your answer was no, right?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: Okay. And you were asked if you, I guess, would have changed the way you spoke on some of those calls if you had known you were being recorded. Is that an accurate summation of your testimony?
KATHERINE MAGBANUA: I wouldn't have used the phone at all.
MS. CAPPLEMAN: Okay. But you're particularly embarrassed about your language on one of those calls, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: I understood your testimony, but you would not have spoken that way if you had known you were being recorded.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: When did you learn you were being recorded?
KATHERINE MAGBANUA: I honestly didn't think I was ever being recorded.
MS. CAPPLEMAN: Okay, so you didn't learn that the same day that you dumped the phones?
KATHERINE MAGBANUA: I never dumped the phone. I still had my phone.
MS. CAPPLEMAN: You stopped using one phone and then you went up on another phone.
KATHERINE MAGBANUA: I never stopped using that phone. I still had my other phone.
MS. CAPPLEMAN: Okay, well, I'm not disputing that you still had it, but there were no more calls after the day that the intervention at Rapid Capital — the interview of Mr. Garcia and the attempted interview of you — occurred.
KATHERINE MAGBANUA: I was still using my phone. The iPhone I've always had since — I still kept using that phone.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: The other phone that Sigfredo had bought, we were talking on that because obviously law enforcement came to go see him, so he felt like he had to use another phone to speak to me.
MS. CAPPLEMAN: Okay, but your testimony is you were still using the iPhone, same as always, with the exception of your communication with Mr. Garcia?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: I want to ask you about the call. It's labeled PP, Paul-Paul.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: You told Charlie Adelson that you left a really nasty message on the bump person's phone number. Do you remember that? And you went into detail about what the message was.
KATHERINE MAGBANUA: I believe so, yeah.
MS. CAPPLEMAN: Okay. And that was a lie, wasn't it — that you left the nasty message?
KATHERINE MAGBANUA: Yeah, I believe Sigfredo was the one who left the nasty message. I might have just said that I did it.
MS. CAPPLEMAN: Okay, but it would have been a lie if you said that you did it, because it wasn't you.
MS. CAPPLEMAN: Yes, ma'am. And in fact, Mr. Garcia didn't do it either, did he?
KATHERINE MAGBANUA: To my acknowledgment, I don't think so.
MS. CAPPLEMAN: Right, but he told you he did.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: So he's lying to you, yes?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: You're lying to Charlie, right?
MS. CAPPLEMAN: Why were you talking in code on the wire?
KATHERINE MAGBANUA: Well, it's because I said that I'm either working, I'm at work, or I'm around my kids.
MS. CAPPLEMAN: Okay. And what does the code mean? What's it code for? What is the code for? Why do you need a code?
KATHERINE MAGBANUA: I mean, because he's talking about somebody, you know, that specific number. And then he was talking about, you know, they're trying to find out who is trying to contact his mom or trying to extort money from his mom.
KATHERINE MAGBANUA: So every time that I would speak to him, I would just talk to him. If, like, Yindra is next to me, I'm not going to tell him like, "Oh, remember what we're talking about," or whatever. And my conversation wasn't going to be like that around other people.
MS. CAPPLEMAN: All right. So for example, when you spoke to Mr. Garcia, you told him that Ethan's clothes would cost $65 and 70 cents. Do you remember that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And 6570 was the last four digits of that phone number, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And so was this an example of the type of code that you used?
KATHERINE MAGBANUA: I guess.
MS. CAPPLEMAN: And are you telling the story that that was needed to protect your children or your coworkers in some way?
KATHERINE MAGBANUA: Well, yeah, because I'm not disclosing any numbers around anybody else.
KATHERINE MAGBANUA: Not saying a phone number out loud.
MS. CAPPLEMAN: One moment, please, Judge.
MS. CAPPLEMAN: Nothing further, Your Honor.
JUDGE HANKINSON: Redirect.
MS. KAWASS: Ms. Magbanua.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Ms. Cappleman brought up discovery with you.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And how many opportunities you've had to review it.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Have I been your lawyer since the beginning of the case?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Where am I based out of?
KATHERINE MAGBANUA: Miami.
MS. KAWASS: Okay. Do you remember how many times over the course of the three years I have been able to come and visit you at the jail?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Those were the times that we were able to go over the discovery that I had at that time.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And we spoke a lot on the phone, right?
KATHERINE MAGBANUA: Yes. On the phone, yes.
MS. KAWASS: But we couldn't talk about discovery. Why?
KATHERINE MAGBANUA: The phones are monitored and they're recorded.
MS. KAWASS: Right.
MS. KAWASS: When your case was recently set for trial in June. You remember that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Of which year?
KATHERINE MAGBANUA: Of this year.
MS. KAWASS: This year?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And then all of a sudden we had to move the case. You remember that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you remember why that was? Because you — you're going through your chemo this year.
KATHERINE MAGBANUA: Yes, ma'am. Oh, last year. I— it's been— I know it's been rescheduled so many times, I don't know.
MS. KAWASS: Let me redirect you. Okay. Was there a point this year where for the first time ever the State cracked into your phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And then they downloaded everything off of the 1312 number, right? How long have they had that phone?
KATHERINE MAGBANUA: Since I got arrested.
MS. KAWASS: Okay. Well, we didn't get any of that information until now, right?
MS. CAPPLEMAN: Objection, Your Honor. Improper question.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Your Honor, they opened the door.
JUDGE HANKINSON: I'll overrule it.
MS. KAWASS: So we only had an opportunity to review those contents recently.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Were you able to review all of the contents of Charlie's iCloud?
KATHERINE MAGBANUA: I believe they've had everything of Charlie's iCloud.
MS. KAWASS: They have?
KATHERINE MAGBANUA: Yes, they have. I haven't.
MS. KAWASS: Have many attempts been made to mail you your paperwork?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What was the first time you were able to receive it?
KATHERINE MAGBANUA: About a couple weeks ago — probably two, three weeks ago.
MS. KAWASS: But we did go over it extensively. You and I discussed the facts of your case.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Did I ever tell you to lie in front of the jury?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did I explain to you what your obligations are in front of this jury when you take an oath to tell the truth?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And I explained to you what would happen if you lied on the stand, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: I also explained to you that I couldn't allow you to take the stand and lie.
MS. KAWASS: Okay. Now let's go to the Dolce Vita video. You remember that phone call that they played with Charlie, where Charlie is giving some explanation about his jet skis and that his jet ski had been stolen?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And the reason why he wouldn't want to call the cops on someone like that is because he's afraid they're going to come back and hurt his family. You remember that, right? Does that sound like one of the scenarios he was telling you at Dolce Vita?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, the State brought up these statements that they claim are in that Dolce Vita video, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Those statements aren't there, are they?
KATHERINE MAGBANUA: No, they're not.
MS. KAWASS: And the jury will be able to listen for themselves, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. But all of those statements — those statements that aren't there — that was leaked to the media, right? Was it leaked to the media?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, the State was cross-examining you on the fact that they don't believe that you were working for the Adelsons. But they don't believe that I was—
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You've listened to your wiretaps, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you've testified previously, before you were cross-examined, that you did work there.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. When was the bump?
KATHERINE MAGBANUA: I believe on April 20th.
MS. KAWASS: April 19th?
KATHERINE MAGBANUA: Yeah, 19th.
MS. KAWASS: Okay. Do you remember a phone call that occurred on April 14th between you and Charlie?
KATHERINE MAGBANUA: Can't recall right now.
MS. KAWASS: Okay, but would it be fair to say that the wiretap is a fair and accurate recording of you and Charlie on that date?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: Your Honor, at this time I would like to play a portion where they are talking about their work, since the State cross-examined her on that.
JUDGE HANKINSON: Do you have an exhibit number?
MS. KAWASS: Your Honor, I'm just offering it for impeachment purposes.
MS. KAWASS: I'm sorry — not impeachment, but for rehabilitation purposes. So it's not going back to the jury, it's just to play as if I were rehabilitating. Can I approach the witness?
JUDGE HANKINSON: You may.
MS. KAWASS: Ms. Magbanua, what am I showing you right now?
MS. KAWASS: I'm showing you what has been pre-marked as Defense Exhibit number 26. What does this look like?
KATHERINE MAGBANUA: A CD.
MS. KAWASS: A CD. Okay. Does it have your name on it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Does it have your case number on it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And what are the numbers that are right here?
KATHERINE MAGBANUA: 899-519-520.
MS. KAWASS: Okay. Do you know where we got this CD from?
MS. KAWASS: Okay. Did we get it from the State Attorney's Office?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: And as I stated before, this has a recording of your phone call that is a fair and accurate representation of your conversation with Charlie Adelson, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you didn't know you were being recorded at that time?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: At this time I would like to move into evidence the previously marked Defense Exhibit 26.
JUDGE HANKINSON: Is there objection?
MS. CAPPLEMAN: Hearsay, Your Honor.
JUDGE HANKINSON: Let's have the jury step out, please.
JUDGE HANKINSON: Let me, let me hear the portion you're wanting to play.
MS. KAWASS: Take a walk with the PA system here.
AUDIO RECORDING: Bones and shit.
AUDIO RECORDING: Right, I just want to make sure you don't stop — you don't stop working for us.
AUDIO RECORDING: No, I'm not. Like, I'm here to work for you. Like, actually.
AUDIO RECORDING: I get it, I get it. I was worried for a second there. You're doing such a good job. I'm not kidding.
AUDIO RECORDING: All right, thank you.
AUDIO RECORDING: My heart was in my mouth. I'm not young, I can't take it. Oh, I thought that you were going to be like, oh, she's here. I can show you the money. You've been working for us for like a year and a couple months now. Like, you're going to raise me.
MS. KAWASS: That's it, Judge. It's just the part where he says, are you going to stop working for us now? And she said no. And she said, I've been working for you for over a year now.
MS. KAWASS: It's not offered for the truth of the matter asserted. It is offered as a prior consistent statement.
MS. KAWASS: Because the State impeached her credibility when they cross-examined her.
MS. CAPPLEMAN: We're not offering any prior inconsistent statements on that point. I thought the witness and I agreed that she and Charlie did joke about her employment. And—
MS. KAWASS: Ms. Cappleman implied that she doesn't work there. This is evidence that supports her contention. It's a prior consistent statement. This was before the wiretap — so, I mean, before the bump — so there should be no indication that anybody knows that they're being recorded.
MS. KAWASS: But they're suggesting through their cross-examination, Judge, that she didn't do any work for Charlie — and that's been their theme since day one, that this is payment for a murder.
MS. KAWASS: And the statement says, "I still work for you."
JUDGE HANKINSON: I'll allow that portion of it.
MS. KAWASS: Thank you, Your Honor.
JUDGE HANKINSON: Do we have any other issues we need to resolve while the jury's out?
MS. KAWASS: I can play off your call. Your Honor, there is another call that I would like to play, which is going to be that she references to Charlie Adelson that she paid for the Lexus.
JUDGE HANKINSON: That she what?
MS. KAWASS: She did, in fact, pay $2,500 for the Lexus. I'm not sure if that's the correct amount that's in the recording, but she does reference an amount and how much she paid for it.
JUDGE HANKINSON: For what?
MS. KAWASS: For the Lexus that the State says she didn't pay for.
MS. KAWASS: Your Honor, one second, please.
AUDIO RECORDING: Islamorada.
AUDIO RECORDING: It's Islamorada.
AUDIO RECORDING: Islamorada, the purple island.
AUDIO RECORDING: Carmen, your feet are so — suits you.
AUDIO RECORDING: Listen, you let me know.
MS. KAWASS: Now, Judge, this one might be a little bit more sensitive. If you recall, when I had — before trial started, I explained to the court that there was a call of Ms. Magbanua's that did reference a domestic violence incident between Ms. Magbanua and Mr. Garcia.
MS. KAWASS: I don't feel that I need to introduce any of that portion. However, there is a part where she is screaming to Mr. Garcia's mother that she goes — she says, essentially, that's when I was working my ass off and work — I apologize — but working my ass off in three jobs.
MS. KAWASS: So I would like to offer that as well, too. Just that second one is the I have the call. I just need to get to the second marker. Your last five minutes — short —
JUDGE HANKINSON: We'll take five minutes.
MS. KAWASS: So, Your Honor, what I've done now, if you're on the line with me, what I've done is I've merged both of them onto the USB thumb drive instead of having them on the thumb drive. That would be 26A and B.
JUDGE HANKINSON: It's all on one disk. But it's two different conversations. Go ahead. Are you going to play it?
MR. DECOSTE: This is the second disk.
AUDIO RECORDING: Islamorada. Islamorada. The purple island.
AUDIO RECORDING: A few years ago, like, obviously, we said, well, we have to buy the car from you. There's no time for that no more.
AUDIO RECORDING: When I was, like, reapplying, it, like, shows up because, obviously, it's like, weird. It's like for security reasons or whatever, anyone else.
MS. KAWASS: And that's the only portion, Judge, where she just said —
JUDGE HANKINSON: So you're claiming a prior consistent statement. That means there's been some intervening act that's changed motivation. So what do you contend is the intervening act?
MS. KAWASS: The intervening — Your Honor, my position is, is that once the State cross-examined her and brought her credibility into question, I am now allowed to rehabilitate her with a prior consistent statement.
JUDGE HANKINSON: A prior consistent statement has to be — there's been some intervening event. Before that intervening event, the motive did not exist to be untruthful, but now there is some motive to be untruthful according to what the cross-examiner has asserted. That's a prior inconsistent statement. So what do you contend the intervening event was, where the motive has changed?
MS. KAWASS: Well, Your Honor, her testimony — her arrest. When that was taken, she wasn't under arrest, she didn't know she was being recorded, and she testified she bought it. They're claiming she didn't, and this is evidence that supports her contention back in 2016.
JUDGE HANKINSON: So you'd say the arrest was the intervening event?
MS. KAWASS: Yes, Judge.
JUDGE HANKINSON: I'm going to sustain — I'm going to reverse my ruling as to the first one. I sustain the objection as to both.
JUDGE HANKINSON: It's a little bit of a brain teaser, but it gave me a second to think about it.
JUDGE HANKINSON: At least the State's theory, and their theory in cross-examination, was that all these things were secret payments for murder. That was the motive in April 2016, so now there's been no intervening event in motivation, so I'm going to sustain the objection.
MS. KAWASS: And Your Honor, just before the jury is brought out, if I could just — to the record, just want to cite one case, Your Honor, just to the record. I'm not going to read the language, but we're relying on a case from the First DCA.
MS. KAWASS: Your Honor, [unintelligible]
JUDGE HANKINSON: Right. Any other issues we need to resolve before we bring the jury in?
MS. KAWASS: No. So — just so I'm aware, okay, all right — but at this point I would just do with the one, the one statement that you're already allowing.
JUDGE HANKINSON: No, I've reversed my ruling on that. I'm not allowing any of the three.
MS. KAWASS: Okay.
JUDGE HANKINSON: Anything else we need to resolve before we bring the jury in?
MS. KAWASS: You make those part of the record — this Defense Exhibit 26 — as a proffer.
JUDGE HANKINSON: Do you have that available? We'll make it part of the record.
MS. KAWASS: We'll be providing the judge with a USB thumb drive device that has just the two calls on it that we are relying on, and it won't go back to the jury.
JUDGE HANKINSON: You'll need some way to put it in some document so the clerk can make it part of the record. You can't just — a thumb drive.
MS. KAWASS: Won't be a problem.
JUDGE HANKINSON: Okay, all right. We'll take care of this. All right, let's have the jury, please.
JUDGE HANKINSON: Let's move the jury.
MS. KAWASS: May I finish up, Judge?
MS. KAWASS: Thank you, Judge.
MS. KAWASS: Now, Ms. Magbanua, the phone calls that were played in this courtroom, those are not all the phone calls, right?
MS. KAWASS: They're only bits and pieces of phone calls, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, Ms. Cappleman got up here and was trying to ask you what Charlie meant by flushing the problem, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you gave a guess of what you thought it was.
MS. KAWASS: And that's because you are not Charlie Adelson, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: The only person who would know what that is, is?
KATHERINE MAGBANUA: Charlie.
MS. KAWASS: Have you seen Charlie in this courtroom today?
MS. KAWASS: He hasn't been charged, has he?
MS. KAWASS: And no one's questioned him to ask him what he meant?
MS. KAWASS: When's the last time you spoke to Charlie Adelson?
KATHERINE MAGBANUA: 2016.
MS. KAWASS: 2016. Would that be the last recorded phone call, that before Sigfredo was arrested?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, Ms. Cappleman was saying that you stopped using your phone around May of 2016, but that's not true, right?
MS. KAWASS: The person you stopped calling was who? So, no — the person you used — well, he was in jail, but the person that you stopped calling, you stopped calling Charlie, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And was that because of everything that was leaked in the media?
KATHERINE MAGBANUA: Yes, ma'am.
JUDGE HANKINSON: Sustained.
MS. KAWASS: Why did you stop talking to Charlie?
KATHERINE MAGBANUA: Well, everything was out in the media. They were looking to arrest him.
MS. KAWASS: But you continued using that phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: In fact, you and I even communicated on that phone before you were arrested.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You also used it to communicate with your mom?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: With your brother?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You never stopped using that phone?
KATHERINE MAGBANUA: Never stopped using that phone.
MS. KAWASS: And to this day, the government has it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, the government brought up some statements about you lifting up your shirt. If you had ever done anything like that?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay, I want to actually go into a little background.
MS. KAWASS: You know what we're talking about, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What pod are you in at the Leon County Jail?
KATHERINE MAGBANUA: Currently now, I'm in pod Nancy, but before I was in pod Mary, which is a confinement pod.
MS. KAWASS: And what does that mean?
KATHERINE MAGBANUA: We are confined almost 18 to 20 hours a day.
MS. KAWASS: Why were you placed in that pod?
KATHERINE MAGBANUA: Because of my charge.
MS. KAWASS: Now, this statement is that she — this incident that she's referring to about you lifting up your shirt in front of all these other inmates.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You know where that is coming from, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Who is that coming from?
KATHERINE MAGBANUA: From Brenda Ward.
MS. KAWASS: Who is Brenda Ward?
KATHERINE MAGBANUA: Brenda Ward's an inmate in Leon County.
MS. KAWASS: And she at some point was in jail at the same time that you were, right?
KATHERINE MAGBANUA: Well, she's been in and out of jail a couple times since I've been there.
MS. KAWASS: Do you know why she was in and out of jail?
KATHERINE MAGBANUA: Because she keeps getting new charges.
MS. KAWASS: What kind of charges?
KATHERINE MAGBANUA: Methamphetamine, I believe.
MS. KAWASS: Okay. Okay, and to your knowledge, has the government cut a deal with her to testify against you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is there also another inmate that they've done the same thing to?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What's her name?
KATHERINE MAGBANUA: Amy Manka.
MS. KAWASS: Okay, describe what Amy Manka looks like.
KATHERINE MAGBANUA: She's very skinny, half her hair is shaved off.
MS. KAWASS: And everyone in the pod is aware of who you are, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay, because you're on the news all the time.
KATHERINE MAGBANUA: All the time.
MS. KAWASS: And Ms. Manka at some point was a — what we call a bunkie of yours?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What does that mean?
KATHERINE MAGBANUA: She was in the same room as me in pod Mary, but this was in 2016.
MS. KAWASS: Okay. Very recently, this year, did you come into any information that Ms. Manka was trying to get information from you about her case?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Before she was even listed as a witness, who did you tell about her?
KATHERINE MAGBANUA: What? I told you.
MS. KAWASS: Okay, and so you knew what was coming?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Have you ever admitted anything to any inmate before?
MS. KAWASS: Okay, that's because you have nothing to admit, right?
KATHERINE MAGBANUA: Exactly.
MS. KAWASS: Have you ever lifted up your shirt and exposed your breasts to everybody in the pod?
MS. KAWASS: Okay. And had you done so, she would have been able to accurately describe you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And Jason Newlin came to her?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And then after they spoke with her, wasn't she released from jail?
KATHERINE MAGBANUA: Yes.
MS. KAWASS: The next time you saw her was when?
KATHERINE MAGBANUA: Two weeks later, she got rearrested because she cut off her ankle monitor and was high.
MS. KAWASS: And when she was brought into the unit again, did you observe her?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And was she strung out on meth?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: I actually advised you right away, which is the reason I think she got moved to another pod.
MS. KAWASS: You were actually on the phone with me when they brought her in.
KATHERINE MAGBANUA: Yes, ma'am. I called you right away.
MS. KAWASS: Now, the State asked you about whether or not the Adelsons have put money aside for you in payment for your silence.
MS. KAWASS: I guess that's what they were implying.
KATHERINE MAGBANUA: Put money aside for me?
MS. KAWASS: Are you aware of the Adelsons putting aside any money for you?
KATHERINE MAGBANUA: No, I've been incarcerated for three years.
MS. KAWASS: How much debt has your family gone into because you have been incarcerated?
KATHERINE MAGBANUA: Severely. It's damaged my whole family.
MS. KAWASS: For example, how much is a phone call in jail?
KATHERINE MAGBANUA: A phone call — since my phone calls are long-distance, since I live in Miami — a 15-minute phone call can be around almost $4.
MS. KAWASS: Okay, and talk to the jury and explain to them what commissary is.
MS. KAWASS: There have been no promises made to you of money in order for your testimony today, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: In fact, you also just testified that you think Charlie Adelson is behind this.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Could they pay you any amount of money to keep you away from your children?
KATHERINE MAGBANUA: Never.
MS. KAWASS: And you have been aware from the beginning who they want?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Why don't you just lie and tell them that Charlie was a part of this?
KATHERINE MAGBANUA: I wish I could, 'cause I wouldn't be incarcerated, and I'd be free and I'd be with my children.
MS. KAWASS: And why haven't you done that?
KATHERINE MAGBANUA: Because I'm telling the truth.
MS. KAWASS: And I want you to look at this jury and explain to them. Is your testimony today truthful?
KATHERINE MAGBANUA: Yes, ma'am.
JUDGE HANKINSON: Sustained.
MS. KAWASS: Have you ever told me anything inconsistent to what you testified to today?
JUDGE HANKINSON: Sustained.
KATHERINE MAGBANUA: No. No.
MS. KAWASS: Ms. Magbanua, did something happen while you were incarcerated to your family?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: What did you miss?
MS. KAWASS: Will you ever be able to see your mother again?
MS. CAPPLEMAN: Objection.
JUDGE HANKINSON: Kawass. Move on.
MS. KAWASS: Pardon me?
JUDGE HANKINSON: You done?
MS. KAWASS: Yes.
JUDGE HANKINSON: All right, have a seat, please.
JUDGE HANKINSON: There was a question and comment about not all calls being in evidence. I want to make sure the jury doesn't misconstrue that. There are various legal reasons why a lot of the calls are not in evidence. You should not assume there is anything sinister or anybody's done anything wrong of why all calls are not in evidence. They're not all legally admissible.
JUDGE HANKINSON: Your next witness.
MR. DECOSTE: Your Honor, if we could have a brief moment.
JUDGE HANKINSON: Oh, I'm sorry. I forgot again. Are there questions from the jury? Just one. Resume the stand, Ms. Magbanua. We go to sidebar.
JUDGE HANKINSON: Couple of follow-up questions from the jury. Ms. Magbanua, can you give us any more specific information on the promotions you were talking about, like dates and locations and companies — anything more specific you can tell us about those promotions?
KATHERINE MAGBANUA: When I was working for promotions, as far as for the liquor promotions, I would travel all around Miami, up to Broward, and then different liquor stores, and then give them samples of the liquor that we're promoting. And different — we also did like different events and parties for certain liquor companies as well.
JUDGE HANKINSON: Can you name any of the liquor stores or companies?
KATHERINE MAGBANUA: Um, well, we did one for Chivas, there's one for Jameson, there's one for Absolut. Um, and then I was managing the picture that you guys saw, Stout. Um, we had them in different convenience stores, and then we also did events for that company. And I had like about 13 to 14 girls under me, like managing them, and I would send them out to different locations as well.
JUDGE HANKINSON: And were products sold to customers at these events?
KATHERINE MAGBANUA: Yes, sir. Um, the — since we're promoting these different types of liquor, usually would have like some deal, like a two-for-one or like a gift set that goes with the promotion.
JUDGE HANKINSON: Did you report to the different companies at the promotions, or the nightclub you were working for, how much you received in tips each day?
KATHERINE MAGBANUA: I report to the businesses for the promotions? That was back in 2013 — 2013, I think. Like, yeah, 2013 to 2014. Um, it's different companies, so it was such — uh, like, none of the girls really did it, honestly, like anything for promotions. We didn't really report. Yeah, and the clubs especially, because a lot of the girls, we go from different, different —
JUDGE HANKINSON: We're not worried about what other girls do. We're talking about you. Did you report —
KATHERINE MAGBANUA: I did not.
JUDGE HANKINSON: — to the businesses doing the promotions, or the nightclubs, the amount of tips you received?
KATHERINE MAGBANUA: No, we didn't record it.
JUDGE HANKINSON: Why — why did you not include the tips on your 1040s, your tax returns?
KATHERINE MAGBANUA: I didn't include the tips because they would have taken — I would have to pay back a lot of money for it, and it would show that I had — my income would be different, and then I couldn't get the insurance for my kids.
JUDGE HANKINSON: And did you ever receive food stamps?
KATHERINE MAGBANUA: I believe when I was pregnant with my daughter, I did.
JUDGE HANKINSON: When was that?
KATHERINE MAGBANUA: That was in 2012 to 2013.
JUDGE HANKINSON: Follow-up, Ms. Kawass?
JUDGE HANKINSON: I'm sorry, Garcia.
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: Ms. Cappleman.
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: All right, you can step down now.
JUDGE HANKINSON: Call your next witness.
JUDGE HANKINSON: Do you have another witness?
MS. KAWASS: Oh, the defense rests, Your Honor.
JUDGE HANKINSON: Have a rebuttal?
MS. CAPPLEMAN: Yes, Your Honor, but we would request a short recess.
JUDGE HANKINSON: What's that?
MS. CAPPLEMAN: May I have 15 minutes?
JUDGE HANKINSON: Should we give 15 minutes? All right. All right. We'll give 15 minutes. All right.