1.Katherine Magbanua — Direct/Cross/Redirect
3,795 linesPROCEEDINGS
JUDGE HANKINSON: Be seated, please, folks. We're here in The Honorable Judge James C. Hankinson presiding.
JUDGE HANKINSON: Be seated, please, folks. We're here in the State of Florida v. Garcia and Magbanua. Let the record reflect the defendants are present with their attorneys.
Do we 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: There's something we could raise now before we call our first witness of the morning to save a sidebar for the jury. We plan to call Sherrie Bennett. Sherrie Bennett had a phone call with Jessica Rodriguez. They discussed what happened on July 19th. And I know Your Honor remembers, but just in case, Jessica Rodriguez is the girlfriend to Luis Rivera. Luis Rivera says that himself, Jessica Rodriguez, Katherine Magbanua, and Sigfredo Garcia are together in a home on the morning of July 19th. Sherrie Bennett -- now, of course, we are not trying to prove the truth of any of that, and we deny that it ever happened.
In the phone call that Sherrie Bennett has with Jessica Rodriguez makes clear that Luis Rivera was not there when this alleged meeting happened.
I intend to call Sherrie Bennett to impeach the testimony of Luis Rivera in a statement that was received by Jessica Rodriguez. I'm not introducing it for the truth of the matter asserted. 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 purposes of impeaching Luis Rivera.
JUDGE HANKINSON: State.
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 trial, Jessica Rodriguez. I think it's inappropriate to impeach Luis Rivera's testimony with a hearsay statement within Sherrie Bennett's testimony. They're essentially trying to use something that Jessica Rodriguez said to Sherrie Bennett, which is hearsay, to impeach Luis Rivera. And that would be inappropriate.
JUDGE HANKINSON: I agree. I sustain the objection. Anything else?
(off-the-record discussion.)
MR. DECOSTE: No, Your Honor.
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 for us.
JUDGE HANKINSON: All right. Have you -- has your client decided whether she's testifying or not?
(off-the-record discussion.)
MR. DECOSTE: One second, Your Honor.
JUDGE HANKINSON: All right.
MS. KAWASS: Your Honor.
JUDGE HANKINSON: Yes.
MS. KAWASS: I met with Ms. Magbanua last night and spoke with her, and she is going to be testifying this morning.
JUDGE HANKINSON: She what?
MS. KAWASS: She will be testifying this morning.
JUDGE HANKINSON: Okay. All right. Let's talk about a plan on scheduling. what -- is the State thinking you'll] have rebuttal?
MS. CAPPLEMAN: Yes, sir. So far we know of one rebuttal witness.
JUDGE HANKINSON: All right. Make sure you have them available. I don't want a delay.
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: And Mr. Zangeneh.
MR. ZANGENEH: Yes. Good morning, Judge. So my concern -- my -- give me a second, Judge. Let me confer with my client.
(off-the-record discussion. )
MR. ZANGENEH: Judge, with the Court's permission, before Ms. Magbanua testifies, I have to do a little bit of research. I may address Mr. Garcia's position with regards to a renewed motion to sever, respectfully, Judge.
JUDGE HANKINSON: I will try to deal with it when it comes.
MR. ZANGENEH: Yes, Judge.
JUDGE HANKINSON: You'll certainly be heard at the appropriate time.
MR. ZANGENEH: Thank you.
JUDGE HANKINSON: 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. How would y'all propose we proceed?
MS. CAPPLEMAN: My proposal would be to close this afternoon, let the jury go home, and then begin deliberations in the morning.
MR. ZANGENEH: 1'11 defer to the Court, Judge. 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, so I'll defer to the Court.
JUDGE HANKINSON: Okay.
MR. DECOSTE: Your Honor, I am never a fan of giving the jury closing argument then basically sending them home. 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 if 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. Codefendant 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 is -- 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 is observing Yom Kippur today, and they are eating -- and they're fasting today. And I think that that would decrease their level of attention. 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. The State and Mr. Garcia have a right to request that the jury be sequestered if deliberations are not concluded. Let's assume we get start -- I mean, it sounds like jury deliberations will be tomorrow, regardless.
what's your position, Mr. Zangeneh, on whether you're going to insist on the jury being sequestered overnight if they don't get -- reach a verdict tomorrow?
MR. ZANGENEH: Give me just one second, Judge.
JUDGE HANKINSON: Sure. Sure.
(off-the-record discussion.)
MR. ZANGENEH: Judge, Mr. Garcia would not be asking for sequestration during deliberation.
JUDGE HANKINSON: How about the State?
MS. CAPPLEMAN: I'm not requesting it, Judge. I will --
JUDGE HANKINSON: Okay.
MS. CAPPLEMAN: -- defer to Your Honor.
JUDGE HANKINSON: Do we need to -- under The Rule, he has 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, Judge. I have not.
JUDGE HANKINSON: I'll give you a minute to do that. Rule 3.370 says, during -- C, during deliberations, unless sequestration is waived by the State and the defendant in all capital cases in which the death penalty is sought by the State. Basically, jurors have to be sequestered once they start deliberations.
I'll give you a few minutes to talk to him about that. It would, frankly, 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 --
MR. ZANGENEH: Thank you, Judge.
JUDGE HANKINSON: -- talk with him.
Anything else from either side?
MS. CAPPLEMAN: No, sir.
MR. ZANGENEH: Not unless -- other than this issue, Judge.
JUDGE HANKINSON: Okay. well, let's reconvene at nine o'clock. we'll get Mr. Garcia's position on that, and then we'll start with the jury. All right.
MR. ZANGENEH: Yes, Judge.
(Brief recess.)
BAILIFF: All rise and come to order. Court is back in session.
JUDGE HANKINSON: Be seated, please. Everybody can be seated.
Did you have a chance to talk to Mr. Garcia, Mr. Zangeneh?
MR. ZANGENEH: Yeah -- yes, Judge. After reviewing 3.370, subsection C and having that discussion, Mr. Garcia is requesting sequestration upon the jury getting the deliberation.
JUDGE HANKINSON: Okay. We've been working on arrangements. Sheriff's Department was hoping they didn't have to do that, but they have been working on arrangements. So we'll be prepared to do so.
Yes, Ms. Norris. You had something?
MS. NORRIS: Yes, sir. In light of the defendant's intention to testify, Ms. Magbanua, in this case, the State is requesting that Sergeant Chris Corbitt be allowed to be present in the courtroom during her testimony. Pursuant to the statute, 90.616, 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. 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. 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. 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 had no problem with him sitting in when mr. Swaykey (phonetic) testified, because he can then opine or give his expert testimony based on another expert.
Him sitting in on Ms. Magbanua is completely inappropriate. 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. No. Anything else?
MS. NORRIS: No, sir.
JUDGE HANKINSON: All right. Are we ready for a jury?
MS. KAWASS: Yes, Your Honor.
JUDGE HANKINSON: Do you have your witness in the courtroom?
MS. KAWASS: Yes, Your Honor.
JUDGE HANKINSON: All right. Let's have a jury, please.
(jury enters.)
JUDGE HANKINSON: Good morning, folks. Thank you for being back here this morning. Everybody be seated, please.
You may call your next witness.
MS. KAWASS: Your Honor, at this time the defense calls Katherine Magbanua to the stand.
JUDGE HANKINSON: All right. If you would face the clerk and be sworn, please, ma'am.
whereupon, KATHERINE MAGBANUA was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat and slide up to the microphone, please, ma'am.
You may proceed.
MS. KAWASS: Thank you, Your Honor.
DIRECT EXAMINATION BY MS. KAWASS:
MS. KAWASS: Good morning, Ms. Magbanua.
KATHERINE MAGBANUA: Good morning.
MS. KAWASS: Okay. I'm going to ask that if, you know, you can get closer to the microphone. If at any point I feel like you might be too low, the Court might instruct you to speak a little louder. Okay?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And -- okay. Let's go. 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-ER-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, ma'am.
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Overruled.
BY MS. KAWASS:
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, too far back.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: But to around the area of 2013.
KATHERINE MAGBANUA: 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 SOFi Dental.
MS. KAWASS: Okay. Now, do you -- what does SoFi stand for?
KATHERINE MAGBANUA: South of Fifth, I believe.
MS. KAWASS: 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 SoFi Dental? what was your job description?
KATHERINE MAGBANUA: I was working in front desk, receptionist, and, like, 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: All right. Did Charles Adelson work at SoFi Dental?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: was he an employee for SoFi 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 he works with SoFi 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.
MS. KAWASS: That -- whoever needed his specialized services.
KATHERINE MAGBANUA: 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 -- you actually met?
KATHERINE MAGBANUA: Not, not to my knowledge, no. Like, he walked into the office, but he -- like, 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: I believe, like, he was asking a couple other girls, you know, if I was, if I was single. And then he just -- he took down my number. Or he -- I think he 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, you know, they can call the office and then schedule outpatients for them. Or whatever their schedule is.
MS. KAWASS: Okay. And so --
KATHERINE MAGBANUA: Or 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?
KATHERINE MAGBANUA: No, ma'am.
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, like, hung out one day. I don't know. I don't remember. It's 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: Okay.
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?
MS. KAWASS: Okay. How old are they now?
KATHERINE MAGBANUA: They're 12 and seven.
MS. KAWASS: Your son is 12?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And your daughter is seven?
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: Okay. Now, while you're 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. By that time he moved up, I believe, yeah.
MS. KAWASS: 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 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 you were living in Orlando?
KATHERINE MAGBANUA: It was great.
MS. KAWASS: No problems at that time?
KATHERINE MAGBANUA: No problems.
MS. KAWASS: Okay. So you move back to Miami.
MS. KAWASS: what family do you have that lives in Miami?
KATHERINE MAGBANUA: My mom and my dad and my -- one of my brothers was still living down there.
MS. KAWASS: And when you moved back, did you -- 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: -- while he was taking care of stuff in Orlando until, like, he moved back down. And I, you know, I lived in an apartment.
MS. KAWASS: And 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, ma'am.
MS. KAWASS: why didn't you get married to Sig -- to Mr. Garcia? why didn't you guys get married?
KATHERINE MAGBANUA: I mean, we've 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: well, we were just fighting a lot and just normal boyfriend-girlfriend stuff, I guess.
MS. KAWASS: were there any specific issues you were having with Mr. Garcia?
KATHERINE MAGBANUA: well, yeah. I mean, I, I guess I -- you know, 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. Did -- would it be fair to say that you found other women's contact information in his phone?
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Overruled.
KATHERINE MAGBANUA: Yes, ma'am.
BY MS. KAWASS:
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.
(Sidebar discussion held as follows):
JUDGE HANKINSON: I'm sorry. The question was very quiet. I missed the question. what was the question?
MS. KAWASS: That did you believe that he was cheating on you?
JUDGE HANKINSON: Okay.
MR. ZANGENEH: She said yes and I objected.
JUDGE HANKINSON: Right.
MR. ZANGENEH: It's improper character evidence. Now, in addition to my client purportedly being a coldblooded killer, he's now a cheater. I now move, I move to sequ -- I move to bifurcate the cases and -- because right now my client has passed on his opportunity to testify. Ms. Magbanua has taken the stand, and now she has polluted this jury with -- in addition to the Government's evidence purporting that he's a coldblooded killer.
And now, in addition to it, he's a cheater and a bad boyfriend. And this is prior bad -- this is characteristic evidence, prior bad acts. It should never have been admissible. And that's my objection. I object to any future question with regards to these types of actions.
JUDGE HANKINSON: All right. I'll overrule that objection and deny the motion to sever. So in the grand scheme of things, whether he was dating some -- seeing someone else is not going to be of great significance to the jury. But I don't want you getting into any acts of domestic violence. I don't know whether you were intending to try to get into acts of domestic violence. That is a, that's a different story, and we're not going to get into that. I mean, some generalized comment like she's made that we were arguing and, you know, boyfriend-girlfriend's thing, but we're not going to get into any specific acts of domestic violence.
MS. KAWASS: And, Your Honor, if I could just lay the record, my objection.
JUDGE HANKINSON: Okay.
MS. KAWASS: I put the Court and everyone on notice that this is what my defense was going to be. I even let the State hear a phone call that I thought was relevant to my defense, because it goes to the theory of my case. My witness is now taking the stand. And everyone was put on notice, and I moved for a severance and it was denied. And now I'm now in limited in the information that I would have been able to go into --
JUDGE HANKINSON: MS. Kawass, sh.
MS. KAWASS: -- had the cases not been together.
JUDGE HANKINSON: All right. well, I don't agree it would be admissible in a separate trial either, but that's my ruling. I think I've been consistent on that. All right.
MS. KAWASS: I'll just state character.
JUDGE HANKINSON: I mean, you -- I mean, generalized comments that they're having problems, that they're fighting, what I'm talking about. we don't need any details of any domestic violence. All right?
MS. KAWASS: Understood.
(sidebar discussion concludes.)
COURT CLERK: Proceed.
BY MS. KAWASS:
MS. KAWASS: Now, we talked about when things started to become rocky with your relationship with Mr. Garcia.
KATHERINE MAGBANUA: (Nods head.)
MS. KAWASS: Okay? we're now -- when did you and Mr. Garcia officially have a big breakup?
KATHERINE MAGBANUA: Like, when, as in, like, the year?
MS. KAWASS: So let me do this. was it fair to say you guys were constantly breaking up and getting back together?
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.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Or your home.
MS. KAWASS: Do you -- in 2013, when did that breakup happen in relation to you working at SoFi Dental, so we can just have a general idea of when that happened?
KATHERINE MAGBANUA: 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 .
MS. KAWASS: May --
KATHERINE MAGBANUA: Thirtieth.
MS. KAWASS: Okay. May 30th of what year?
KATHERINE MAGBANUA: 2012.
MS. KAWASS: All right. when Kaylee was born, were you and Sigfredo -- 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, like, a phone call where his phone kind of called me by accident and kind of overheard him talk 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, you -- he was living with you at the time, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: who was live -- who else was living in your home?
KATHERINE MAGBANUA: My mom.
MS. KAWASS: 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. This time, yes.
MS. KAWASS: Did Mr. Garcia try to get back together with you?
MS. KAWASS: How did he do that?
KATHERINE MAGBANUA: I mean, I'd been with him forever. So, you know, like, he -- 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 SoFi 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 SoFi Dental?
KATHERINE MAGBANUA: I believe I was doing, like, promotions. Like --
MS. KAWASS: Now --
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: -- promotions --
MS. KAWASS: -- you've seen a picture of you at a bar.
MS. KAWASS: was that the promotions job?
KATHERINE MAGBANUA: An event. One of them, yes.
MS. KAWASS: Describe for the jury what this -- what did they -- these promotions entailed.
KATHERINE MAGBANUA: we -- like, I worked for a certain liquor company and then we'd go and we'd 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: Okay. And then how -- what is your incentive to do this? Are you, are you paid?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How are you paid?
KATHERINE MAGBANUA: we would get tips. Like, if we did it at a certain liquor store and that, like, owner would be, you know, like -- would 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.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: So it's -- you think it could be checks, but you know for certain you were getting cash.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. 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 something that fluctuated?
KATHERINE MAGBANUA: It fluctuated.
MS. KAWASS: All right. Now, when mr. Adelson, Charlie Adelson, started calling you, was it clear to you that he wanted something more than a friendship?
MS. KAWASS: Did he make that clear to you?
KATHERINE MAGBANUA: I mean, I assumed.
MS. KAWASS: Okay. And by that I mean he didn't beat around the bush about his intentions of dating?
MS. KAWASS: was he pretty up-front about his attraction to you?
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: Right. But you did eventually have a boyfriend-girlfriend relationship.
MS. KAWASS: All right. Do you remember what your first date, official date was with him?
MS. KAWASS: So I'm going to try and move a little forward to another big event --
KATHERINE MAGBANUA: Okay.
MS. KAWASS: -- to see if we can, you know, plot some times. New Year's Eve is normally a big event for people.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So this New Year's Eve, in 2013, were you dating Charlie at that time?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So did you guys go out together?
KATHERINE MAGBANUA: Yes, ma'am.
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, in Hard Rock Café and Casino. Like, there are some clubs there, and, like, we just went with a couple friends.
MS. KAWASS: The one at -- in Fort Lauderdale?
KATHERINE MAGBANUA: Yes, sir.
MS. KAWASS: The one that -- oh, wait. You don't --
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: -- know that.
Okay. And it's a Hard Rock Hotel and Casino.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. How often would you say you and Mr. Adelson were communicating around this time?
KATHERINE MAGBANUA: Daily.
MS. KAWASS: Daily. How -- in what ways would you communicate? If you could 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, text messages?
KATHERINE MAGBANUA: Yeah. Text messaging and phone, regular phone call.
MS. KAWASS: And just regular phone calls.
KATHERINE MAGBANUA: (Nods head.)
MS. KAWASS: Now, did you ever consider yourselves boyfriend and girlfriend?
KATHERINE MAGBANUA: 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 would call each other baby?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: would you say things -- like if you end a conversation, you would say I love you?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: But in terms of it being a serious relationship, did you ever -- 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.
MS. KAWASS: And then you --
KATHERINE MAGBANUA: And even up, further up. I don't know how far his patients go.
MS. KAWASS: But he travels up --
KATHERINE MAGBANUA: Up and down.
MS. KAWASS: -- all through Dade, west Palm --
MS. KAWASS: -- all those counties to serve -- do his specialty, correct?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, did you see each other every day?
KATHERINE MAGBANUA: At that time?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: I don't think so.
MS. KAWASS: But you did talk every day.
MS. KAWASS: How would you describe Mr. Charlie Adelson in terms of how much he talks?
KATHERINE MAGBANUA: A lot.
MS. KAWASS: Okay. You were listening to some of the phone calls that were played in court, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And some of those are fair and accurate representation of --
KATHERINE MAGBANUA: How he talks.
MS. KAWASS: -- conversations that you guys have?
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.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Now, I know this is going to be a little uncomfortable. 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: Okay. 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 would 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?
MS. KAWASS: Did Mr. Garc -- did Mr. Adelson always support or encourage you to get back together with Mr. Garcia?
MS. KAWASS: Did he always say, you know, that's the father of your kids?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Do you -- did you feel that was also a reminder to you that this wasn't anything serious with Mr. Adelson?
KATHERINE MAGBANUA: with the way he always says that, yeah.
MS. KAWASS: Always --
KATHERINE MAGBANUA: That's why I just knew it wasn't, it wasn't something serious. It wasn't going to be forever.
MS. KAWASS: Now, would there be times around that time that you wouldn't be able to find, you wouldn't be able to find mr. Garcia?
MS. KAWASS: was that normal that he would be missing for days at a time?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: when that happened and you needed to get in touch with him, would you constantly text and call his phone?
KATHERINE MAGBANUA: Yes. In terms of blowing up his phone, yes.
MS. KAWASS: Okay. I, I didn't want to -- but that's the term, you were blowing up his phone.
MS. KAWASS: If you needed something from him, you weren't shy about continuously trying to get in touch with him.
MS. KAWASS: All right. Now, I'm going to try to move forward to about March of 2014.
KATHERINE MAGBANUA: (Nods head.)
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, a early dinner.
MS. KAWASS: Okay. And was -- who -- was she there with someone else?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. You now know who Jeffrey Lacasse is, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And is that the person she was at the dinner with?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you were there with Mr. Adelson.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Were -- 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: You had any indication that Mr. Garcia knew that you were at that restaurant?
MS. KAWASS: Okay.
JUDGE HANKINSON: If you would answer out loud, it would help this lady.
KATHERINE MAGBANUA: No, ma'am. Sorry.
BY MS. KAWASS:
MS. KAWASS: Did it sound -- 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 can'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.
KATHERINE MAGBANUA: Uh-huh.
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?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Is that on the beach or is that...
KATHERINE MAGBANUA: It's, like, next to the water.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: Yeah. It's like a condominium.
MS. KAWASS: You saw all of the --
KATHERINE MAGBANUA: cell phone.
MS. KAWASS: -- the cell phone towers and the maps and where you are on that little island.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is that -- that's where the Treasure Drive location is?
KATHERINE MAGBANUA: Yeah. That's North Bay Village.
MS. KAWASS: North Bay Village.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: 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, like, put a specific time, but I know he showed up, took a couple pictures, 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, you didn't have knowledge of Sigfredo's day-to-day, where he was every single day.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Did you ask -- would you ask him?
KATHERINE MAGBANUA: I can't remember at that time. Maybe I did. Like, I'd ask him, like, where have you been then but that's it. Half the time I -- or at that time, I don't think I was asking so many questions.
MS. KAWASS: Okay. Because you weren't together.
KATHERINE MAGBANUA: I didn't -- yeah. And he probably wouldn't have told me anyways.
MS. KAWASS: Okay. Now, I want to talk to you about July 1st of 2014. Okay?
KATHERINE MAGBANUA: (Nods head.)
MS. KAWASS: Do you remember a day when Mr. Garcia confronted you and Mr. Adelson?
MS. KAWASS: Okay. So I want to talk to you about this. Did Mr. Garcia come and pick up the kids from you that day?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. what were your plans for that day?
KATHERINE MAGBANUA: To go, go out on the jet ski.
MS. KAWASS: Okay. whose jet ski?
KATHERINE MAGBANUA: Charlie's.
MS. KAWASS: He owned jet skies.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: How many?
KATHERINE MAGBANUA: He had one.
MS. KAWASS: Just one. 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, ma'am.
MS. KAWASS: All right. And we'll get to that.
KATHERINE MAGBANUA: (Nods head.)
MS. KAWASS: 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: Okay. So Mr. Garcia comes and he picks up the kids.
KATHERINE MAGBANUA: (Nods head.)
MS. KAWASS: And by kids, I mean Ethan and Kaylee.
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 a old, little bucket car.
MS. KAWASS: Okay. what does that mean, a bucket car?
KATHERINE MAGBANUA: Yeah. It's like a cheap car, like --
MS. KAWASS: Oh, okay. Do you remember what color or anything like that?
KATHERINE MAGBANUA: Blue, I think.
MS. KAWASS: So he picks up the kids. where does he take them, if you know?
KATHERINE MAGBANUA: He took them to go eat. Like, around the corner, there's, like, a pizza place.
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: Down the block. 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 going to go and take the jet skis out?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: what happens -- well, how -- you pull out -- Mr. Adelson does.
KATHERINE MAGBANUA: Uh-huh.
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?
KATHERINE MAGBANUA: In the car -- on the car.
MS. KAWASS: Now, describe for the jury what you mean cut you off. Like, did he -- describe for them.
KATHERINE MAGBANUA: Like, we were driving out of our parking lot and then he cut us off, like, 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?
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: Yes, ma'am.
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: So he didn't get out the car and confront Mr. Garcia.
MS. KAWASS: He just got out of there?
MS. KAWASS: was he successful in his attempt to get away from Mr. Garcia?
MS. KAWASS: Now Mr. Garcia didn't actually physically attack the car or anything like that.
MS. KAWASS: Okay. Now, who is Yindra?
KATHERINE MAGBANUA: Like a high school friend. She's younger.
MS. KAWASS: Okay. And you saw Yindra here in court, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Ms. Mascaro.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you and her are very close friends, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Were you both working at the clubs together?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And I want to first talk about Hollywood Live. All right?
KATHERINE MAGBANUA: (Nods head.)
MS. KAWASS: where is Hollywood Live?
KATHERINE MAGBANUA: In Hollywood Avenue, I believe.
MS. KAWASS: In Fort Lauderdale?
KATHERINE MAGBANUA: I believe that's, like, in the beginning of Fort Lauderdale. Yeah.
MS. KAWASS: It's not one of the clubs at -- is at the Hard Rock.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: It's a separate establishment.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: How did you get the job at Hollywood Live?
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: Fate.
MS. KAWASS: Fate was the first --
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: -- club that you were working at.
Okay. So you started working at Fate and then got another job at Hollywood Live.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, you keep saying bottle service. Describe for the jury what bottle service is.
KATHERINE MAGBANUA: Okay. we have, like, VIP sections. And -- you know, the establishment in the club. And, basically, we have -- you know, we service the people in the VIP with the bottles. we take them out with sparklers, make a big scene, like, take pictures, like, dance a little bit, I guess, for the customers, and then just make them feel special.
MS. KAWASS: Okay. Now, your -- part of your job is how you dress, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You're -- it's expected you to dress provocatively.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: with probably as little clothes as is allowed --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- without you having -- being arrested or anything, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And that is because that's going to get you more tips, right?
KATHERINE MAGBANUA: Yes, ma'am. Uh-huh.
MS. KAWASS: An average night -- because you've heard a lot of testimony about how much money you made. what is -- what was a good night for you at the club?
KATHERINE MAGBANUA: A good night for me, I could walk out of there with a thousand to $1500.
MS. KAWASS: Now, let me ask you this: Certain nights are better than other nights, right?
KATHERINE MAGBANUA: Of course, uh-huh.
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 going to be performing in the club --
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: -- you'll get, you know, people that...
MS. KAWASS: High roller clients.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And Friday a good day to work, too?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right.
KATHERINE MAGBANUA: It can be in the middle --
MS. KAWASS: Did you -- oh, go ahead.
KATHERINE MAGBANUA: It can be in the middle of the week. It can be, like, a wednesday night.
MS. KAWASS: Especially if someone is making a special appearance at the club.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: was your schedule set every week with specific days or --
MS. KAWASS: -- you could 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. But what was -- would you work sometimes more than two nights a week?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And sometimes you would work one night a week?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: All right.
KATHERINE MAGBANUA: If we knew that it was going to be, like, a slow month --
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: -- and if we come in on Friday and it didn't seem like we're really making much a majority of the time on Saturday, like, we'll try to trade off shifts. That's another thing you could do. You can trade off shifts with the girls. Like, can you come in for me? And then, you know, they're very lenient about it.
MS. KAWASS: Okay. And that's, that's how it is in the service industry.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Everybody's picking up each other other's shifts.
KATHERINE MAGBANUA: Uh-huh.
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, ma'am.
MS. KAWASS: Okay. why not?
KATHERINE MAGBANUA: Because they were my cash tips. Like, I mean, none of the girls really did it.
MS. KAWASS: Okay. Now, you understand that you haven't paid taxes on that, that cash, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And you do understand that you are supposed --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- 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.
KATHERINE MAGBANUA: I did not.
MS. KAWASS: Okay. would you save up a certain amount of cash and keep it at home?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Did you deposit everything that you made cash wise into the bank?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You did?
KATHERINE MAGBANUA: I mean, cash wise that -- 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 --
MS. KAWASS: -- every Saturday.
MS. KAWASS: Okay. How many bank accounts do you have?
MS. KAWASS: How long have you --
KATHERINE MAGBANUA: Or more.
MS. KAWASS: Oh, from 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: Since, I guess, I opened.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: I mean, since I was probably 16, 17.
MS. KAWASS: Oh, 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. 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 Dan Markel?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: In 2014, you've learned that wendi Adelson's divorce was already finalized, right?
KATHERINE MAGBANUA: I learned it here.
MS. KAWASS: In court.
MS. KAWASS: Now, when you met -- 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?
KATHERINE MAGBANUA: Not that I can recall.
MS. KAWASS: Do you know, at that time, that she was married or had been married?
KATHERINE MAGBANUA: Not that I can recall.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: I know -- she probably talked about her kids, because that's something, you know, like, I talk about my kids and then it kind of makes conversation. Like, oh, you have kids, I have kids. And how old are they? It's like -- but...
MS. KAWASS: She never went into any specifics with you about how tumultuous her divorce was?
MS. KAWASS: You and -- 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?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. You knew her mostly as Charlie Adelson's sister?
MS. KAWASS: Now, 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: Okay. And I think we established that that was Father's Day of that year.
KATHERINE MAGBANUA: Yes, ma'am.
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.
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: And then when I saw the picture and they said Father's Day, I was like, oh, okay. That's probably why I wasn't with the kids, because Sigfredo had the kids.
MS. KAWASS: Mr. Garcia?
MS. KAWASS: would have had them on Father's Day.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Okay.
JUDGE HANKINSON: what year are we talking about?
MS. KAWASS: 2014.
BY MS. KAWASS:
MS. KAWASS: 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 --
KATHERINE MAGBANUA: But it was his -- yeah. Like, it was his day or --
MS. KAWASS: It was his turn.
KATHERINE MAGBANUA: Yeah. To have them.
MS. KAWASS: So apart -- did you know -- you said she had mentioned her kids.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: Did she mention anything about a custody battle or anything like that to you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did she talk negatively about her ex-husband at all in your presence?
MS. KAWASS: Now, I want to talk to you about -- you've met Donna Adelson and Harvey Adelson, right?
KATHERINE MAGBANUA: Yes, ma'am. Uh-huh.
MS. KAWASS: Okay. In your presence, did they ever talk about wendi and her divorce in front you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. And how did Charlie talk about his sister to you, Charlie Adelson?
KATHERINE MAGBANUA: He didn't.
MS. KAWASS: 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 didn't ever 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: Do 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. You now know that that was an important day in this case.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You've now learned 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?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Do you remember Mr. Garcia ever telling you, I'm going up north, I'm going to Tallahassee?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: 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 2019, would you be able to tell me?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: 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. Yes.
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 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, I remember -- or trying to remember that there's one day that he had called and he said, yeah -- like, his brother-in-law got in a accident. I don't know if it was a car accident or an accident.
MS. KAWASS: Okay. Do you remember -- does car accident -- does that sound familiar or you don't know?
KATHERINE MAGBANUA: I don't know.
MS. KAWASS: All right. Did he tell you that his brother-in-law had been shot twice?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. 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: All right. You knew how close he was to Mr. Garcia, though.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But you wouldn't -- did you hang around him if Mr. Garcia wasn't around?
MS. KAWASS: Did you talk to him on the phone at all?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. 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: Okay. 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 934. Do you remember that?
KATHERINE MAGBANUA: I remember now because I keep seeing it --
MS. KAWASS: Okay.
KATHERINE MAGBANUA: -- in this trial.
MS. KAWASS: And they make a big deal about it.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Can you tell me today -- or tell the members of the jury who it was you were trying to call?
KATHERINE MAGBANUA: with the what, with the...
MS. KAWASS: with that 934 number, did you even know whose number that is?
KATHERINE MAGBANUA: I mean, I believe that -- wasn't that Luis’ number?
MS. KAWASS: Oh, no. well, I'm asking you. At the time, do you -- could you testify today and tell me that that was Luis' number?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: It could have been Luis' number.
KATHERINE MAGBANUA: It could have been.
MS. KAWASS: And would it have been reasonable that you were looking for Sigfredo, and you tried to call Luis' old number, if that was his number?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That sounds reasonable.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. But you can't tell this jury definitively that that's what happened.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That would show, also, that you actually didn't know what his current number was.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You also saw the phone records of July 19th, 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: So you had been calling Sigfredo all that morning.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You now know, you now know where he was.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: where was he?
KATHERINE MAGBANUA: At Shrimp's house.
MS. KAWASS: who's Shrimp?
KATHERINE MAGBANUA: The girl that he was talking to.
MS. KAWASS: Stefanie Carmona?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And she's the exotic dancer?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And, 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 -- well, let me -- 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?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: 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?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Or delivered it to Mr. Rivera?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You had been to Jessica Rodriguez's house, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: who is Jessica Rodriguez? Bless you.
KATHERINE MAGBANUA: Bless you. It -- it's Luis' baby mama, I guess.
MS. KAWASS: Mother of his kids?
KATHERINE MAGBANUA: Yeah. Mother of his kids.
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 Defense Exhibit 36.
(off-the-record discussion.)
MS. KAWASS: For the record, I'm also showing counsel for Mr. Garcia the document.
(Pause. )
MS. KAWASS: Your Honor, may I approach?
JUDGE HANKINSON: You may.
MS. KAWASS: Thank you.
BY MS. KAWASS:
MS. KAWASS: Now, without reading out what you're looking at --
KATHERINE MAGBANUA: Okay.
MS. KAWASS: -- 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's.
MS. KAWASS: Okay. And this would be a conver --
JUDGE HANKINSON: TI don't think the jury can hear her.
BY MS. KAWASS:
MS. KAWASS: Oh, I'm sorry. Speak up. whose number -- whose conversation is this with?
KATHERINE MAGBANUA: Charlie.
MS. KAWASS: And --
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.
(Pause. )
BY MS. KAWASS:
MS. KAWASS: Also take a look at the time. I'ma little confused.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Okay. 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 is Ethan?
JUDGE HANKINSON: I'm sorry. I couldn't hear.
KATHERINE MAGBANUA: Took Eth -- I'm sorry. Took Ethan to the pool.
BY MS. KAWASS:
MS. KAWASS: Okay. And do you remember around what time you took Ethan to the pool?
KATHERINE MAGBANUA: I believe it said around 11:00.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: Like, in the morning.
MS. KAWASS: Is what it -- it's re -- how -- you're memory was refreshed with the document I provided to 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. Is it -- has there ever been a time when Yindra 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 Adelsons?
KATHERINE MAGBANUA: How I started working?
MS. KAWASS: Yes.
KATHERINE MAGBANUA: well, 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?
KATHERINE MAGBANUA: No. Like year wise?
MS. KAWASS: Datewise.
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: All right.
MS. KAWASS: I'm showing opposing counsel what's been pre-marked as Defense Exhibit 33.
(Pause. )
MS. KAWASS: Showing opposing counsel for Mr. Garcia.
(Pause. )
JUDGE HANKINSON: why don't we do this. we're about due for a break. we'll let the jury step out. Give you 15 minutes.
we'll come back to session for a minute here.
(Jury exits.)
JUDGE HANKINSON: Everybody be seated, please. Since I'm hearing 36, which is a significant number beyond what you have in evidence, you must have a number of exhibits. I don't want to spend time stopping here and giving them the document at that point in time. So show counsel all the --
MS. KAWASS: Yes.
JUDGE HANKINSON: -- exhibits you intend to show the witness. we'll take 15 minutes.
MS. KAWASS: Thank you, Judge.
JUDGE HANKINSON: I'll hear from counsel if they wish to be heard. Fifteen minutes.
(Brief recess.)
BAILIFF: All rise. Come to order. Court is back in session.
JUDGE HANKINSON: Let's have a jury, please.
(Jury enters.)
JUDGE HANKINSON: All right. Everybody be seated, please.
You may proceed, Ms. Kawass.
MS. KAWASS: Thank you, Your Honor.
BY MS. KAWASS:
MS. KAWASS: Ms. Magbanua, I believe where we left off was when you started to seek employment from the Adelsons.
KATHERINE MAGBANUA: Right.
MS. KAWASS: Charlie Adelson.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: Your Honor, may I approach?
JUDGE HANKINSON: You may.
BY MS. KAWASS:
MS. KAWASS: I'm showing you what's been pre-marked as Defense Exhibit 33. Take a look at the date and the substance of the text message. And when your memory has been refreshed, let me know.
MR. ZANGENEH: Ms. Kawass, what was the date you said?
JUDGE HANKINSON: She hasn't.
MS. KAWASS: I didn't say.
MR. ZANGENEH: Oh, okay.
KATHERINE MAGBANUA: Okay.
BY MS. KAWASS:
MS. KAWASS: You remember?
KATHERINE MAGBANUA: (Nods head.)
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, ma'am.
MS. KAWASS: Not your phone.
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: Okay. Now, why were you asking Charlie Adelson to help you with employment? Explain to the jury.
KATHERINE MAGBANUA: The prime -- the primary reason of why for --
MS. KAWASS: Yes.
KATHERINE MAGBANUA: 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 were 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?
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, some places, some places that I worked for, they 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: All right. 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, off of -- a patient or something was -- or, you know, he needed help with, I would, 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 of properties. And then he needed to collect from the tenants in that place or try to found out if everything is up to par in that building or complex.
MS. KAWASS: would you, would you be responsible for collecting rent or...
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 for the Adelsons.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You did -- was it just odd jobs that you did for Charlie Adelson?
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?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: It seems to be a fair and accurate representation of when you were receiving the paychecks.
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 --
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: -- Mr. Garcia was arrested.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is that -- sound about right?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: And we'll get to that --
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: -- in a second.
So just so that we're clear, on paper with your tax returns, it would only show you making a minimum amount of money to the Government.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you weren't declaring any of your cash tips.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Is that the only place that you got cash from was from your cash tips?
KATHERINE MAGBANUA: The only employment place?
MS. KAWASS: No. Is that the only place that -- well, did your mom give you money?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did Mr. Garcia give 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 will be whenever he had.
MS. KAWASS: when he would -- was there ever a time when he'd come to you with -- well, would you consider a thousand dollars a significant amount of cash?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And would he give you significant amount of cash to you?
KATHERINE MAGBANUA: Yes, ma'am. Yes.
MS. KAWASS: You didn't ask him where the money came from?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: why?
KATHERINE MAGBANUA: It could be from illegal activities that --
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: were you aware that Mr. Garcia was selling cocaine?
KATHERINE MAGBANUA: No, ma'am.
MR. ZANGENEH: Object. Objection, Judge.
JUDGE HANKINSON: Overruled.
BY MS. KAWASS:
MS. KAWASS: Did Mr. Garcia have a steady form of legitimate employment?
KATHERINE MAGBANUA: No, ma'am.
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, or where that money came from?
MS. KAWASS: But you just didn't ask.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: 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. Roudner?
KATHERINE MAGBANUA: Referred me? well, I asked a couple people, but I believe Charlie gave me the information for Dr. Roudner.
MS. KAWASS: Did you remem -- do you remember -- oh, it's Roudner?
KATHERINE MAGBANUA: Yeah. Roudner. I don't know. I don't remember.
MS. KAWASS: Did -- why -- well, Charlie, Mr. Adelson, was in the medical field?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you receive any other recommendations from other people?
KATHERINE MAGBANUA: I believe so but I can't, 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: 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 $4,000.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: 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 --
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: -- that I got it, it was, it was fairly high. Sol kind of -- you know, I spoke to the doctor. well, I actually spoke to the treatment coordinator.
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: 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?
KATHERINE MAGBANUA: Like, was he speaking to other women?
MS. KAWASS: Yes.
KATHERINE MAGBANUA: Not to my knowledge. No. I mean, I was never -- I can't be sure what he was doing.
MS. KAWASS: Okay. would you have considered it cheating on you?
KATHERINE MAGBANUA: If he was taking to other people?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: It wasn't like that. So it's -- yeah, I guess since we were, we were talking to each other at that time. So, yeah, I guess I'd say, you know, I feel --
MS. KAWASS: Do you remember anything --
KATHERINE MAGBANUA: -- like somebody's cheating on me.
MS. KAWASS: Do you remember ever getting into an argument with him over a specific case of infidelity or no?
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, ma'am.
MS. KAWASS: This is another big event that you remember, right?
MS. KAWASS: Now, when did you officially start working for Charlie Adelson?
KATHERINE MAGBANUA: September, I believe.
MS. KAWASS: And we can, on the date --
KATHERINE MAGBANUA: It was like a month --
MS. KAWASS: -- of the records.
KATHERINE MAGBANUA: -- before that. Yes.
MS. KAWASS: Okay. Were you broken up at that time?
KATHERINE MAGBANUA: Broken up with him?
MS. KAWASS: with Charlie. Around the time of the breast augmentation?
MS. KAWASS: were you still talk --
KATHERINE MAGBANUA: Like, were we not seeing each other as often?
MS. KAWASS: It -- you let me know. I don't -- you know, what you remember --
KATHERINE MAGBANUA: Yes. Yeah.
MS. KAWASS: Around that time.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: So you guys were no longer seeing each other as much?
MS. KAWASS: Okay. Is it -- 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 because it --
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: -- am I saying it correctly or...
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 as available as he once was?
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, not there as often.
MS. KAWASS: Not answering your calls as much?
KATHERINE MAGBANUA: (Nods head.)
MS. KAWASS: Do you remember when that happened?
KATHERINE MAGBANUA: I can't put a specific time, no.
MS. KAWASS: Okay. But is it fair to say that was before the breast augmentation?
MS. KAWASS: was Mr. Garcia there to help you --
MS. KAWASS: -- with your recovery?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: who were you living with at the time 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: Your -- which brother?
KATHERINE MAGBANUA: with Frances.
MS. KAWASS: Your brother Frances, where does he live?
KATHERINE MAGBANUA: In Tamarac.
MS. KAWASS: where is Tamarac in relation to North Miami? Is it up north?
MS. KAWASS: Is it in Fort Lauderdale?
MS. KAWASS: Okay.
JUDGE HANKINSON: I'm sorry. I didn't hear her answer --
JUDGE HANKINSON: -- to the question where she was living in October 2014. I think she answered. I just didn't hear it.
KATHERINE MAGBANUA: I was, I was living in an apartment with the kids.
BY MS. KAWASS:
MS. KAWASS: Do you remember which apartment, the Treasure Beach one?
KATHERINE MAGBANUA: It was around 125th and Biscayne, like around that vicinity.
MS. KAWASS: So you moved from the North Bay Village Apartment --
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: -- into now a different apartment.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But Sig -- Mr. Garcia didn't move in with you.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did he stay overnight with you when you were recovering from the breast surgery?
KATHERINE MAGBANUA: Yeah. He took care of me, though, 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: Oh.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: And -- but even though Mr. Garcia was stepping up and helping out with the kids --
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: -- you were back together?
KATHERINE MAGBANUA: At that time, no.
MS. KAWASS: All right. 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 my -- I think they raised it to, like, 1700.
MS. KAWASS: A month?
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? If you remember.
KATHERINE MAGBANUA: I know it was a lot lower. It was probably, like -- I don't know if it's, like, 1100 or some, some, somewhere around that area.
MS. KAWASS: And how long were you in that apartment? If you remember.
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?
MS. KAWASS: In January of 2015 -- so this is now almost two months after your breast augmentation -- are you fully recovered?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you remember when you returned to work at the clubs?
KATHERINE MAGBANUA: Not that I remember. Like, after my surgery?
MS. KAWASS: After your surgery.
KATHERINE MAGBANUA: Probably a couple weeks after that.
MS. KAWASS: Did you go back to work?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay.
(Pause. )
MS. KAWASS: Your Honor, may I approach?
JUDGE HANKINSON: You may.
BY MS. KAWASS:
MS. KAWASS: Ms. Magbanua, I'm showing you what has been pre-marked as Defense Exhibit No. 22.
KATHERINE MAGBANUA: (Nods head.)
MS. KAWASS: Do you recognize that photograph?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: who is that?
MS. KAWASS: Okay. Is -- do you remember when, around what time that picture was taken?
KATHERINE MAGBANUA: Not the specific time, but it seems accurate --
MS. KAWASS: And what's the date?
KATHERINE MAGBANUA: -- on the time stamp.
JUDGE HANKINSON: Make sure you speak into the microphone here. when you're looking down, it's hard to hear you.
KATHERINE MAGBANUA: It's on 4/7/2015.
BY MS. KAWASS:
MS. KAWASS: Do you know where you are in that photograph?
KATHERINE MAGBANUA: Yes. I was in Fate Nightclub.
MS. KAWASS: All right. 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: Your Honor, at this time I'd move Defense Exhibit 22 into evidence.
JUDGE HANKINSON: Any objection?
MS. CAPPLEMAN: No objection.
DEFENSE ATTORNEY: No objection.
JUDGE HANKINSON: It will be admitted.
(Defendant Magbanua's Exhibit No. 22 received in evidence.)
MS. KAWASS: Permission to publish to the jury.
JUDGE HANKINSON: You may.
MR. DECOSTE: Your Honor, it will take a minute. It's been turned off.
BY MS. KAWASS:
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, ma'am.
MS. KAWASS: All right.
(Pause. )
BY MS. KAWASS:
MS. KAWASS: And in the meantime, around January of 2015, was there a -- was Mr. Garcia in an accident?
KATHERINE MAGBANUA: January 2015? 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 anyone else?
MS. KAWASS: who was he in the accident with?
KATHERINE MAGBANUA: Shrimp, that girl.
MS. KAWASS: who?
KATHERINE MAGBANUA: Shrimp.
MS. KAWASS: That girl -- Shrimp. Okay.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: And at this time I will publish the photograph.
BY MS. KAWASS:
MS. KAWASS: So, Katie, when you were working the bottle service at the clubs, 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.
(off-the-record discussion.)
BY MS. KAWASS:
MS. KAWASS: what is that right there, Ms. -- for the record, I'm pointing at a red thing in the photograph.
KATHERINE MAGBANUA: That's, like, the separator so, like, when our clients come in, into the club.
MS. KAWASS: To go into VIP?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. So we're now talking about the motorcycle accident.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: To your knowledge, was this a pretty serious motorcycle accident?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: was he severely injured?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And by he, I mean Mr. Garcia.
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?
KATHERINE MAGBANUA: Actually, I think Rivera called me and told me that he was in a car accident -- I mean, not car accident, a motorcycle.
MS. KAWASS: Okay. 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: Okay. 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? They said, yeah, he's okay but he's, like, badly hurt. But at that time, I was kind of -- like, I was not doing well with him.
MS. KAWASS: And did Mr. Rivera tell you who he was on the bike with?
MS. KAWASS: Did that have something to do with --
MS. KAWASS: -- how you felt about it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did Mr. Rivera -- 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 at -- definitely, you and Mr. Garcia are not back together in January 2015?
MS. KAWASS: which is when the bike accident happened.
MS. KAWASS: Let's talk about the Lexus. Okay.
KATHERINE MAGBANUA: (Nods head.)
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, like...
MS. KAWASS: How did you get it?
KATHERINE MAGBANUA: well, I was borrowing it before, because I got in a car accident in, like, around April of --
MS. KAWASS: Oh.
KATHERINE MAGBANUA: -- 2015.
MS. KAWASS: So let's start there.
MS. KAWASS: You got into a car accident --
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: -- of April 2015.
MS. KAWASS: were you driving?
MS. KAWASS: what car were you driving?
KATHERINE MAGBANUA: My Mazda.
MS. KAWASS: what color was it?
KATHERINE MAGBANUA: white.
MS. KAWASS: Was it an SUV?
MS. KAWASS: Okay. And 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?
KATHERINE MAGBANUA: On April of 2015?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: Yeah. we weren't together at that time.
MS. KAWASS: Not together. Okay. So the car, is it totaled, the Mazda?
KATHERINE MAGBANUA: My car?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: 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 it.
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: Okay. And let's talk about this vehicle.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: Okay? was it well kept?
MS. KAWASS: Clean?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: And -- but it had a lot of miles on it?
MS. KAWASS: All right. So you were driving it for how long when you start -- when he lent it to you in early 2015? Did you ever give it back to him?
KATHERINE MAGBANUA: I think 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?
MS. KAWASS: Okay. would the date -- did you pay for it around the time that you changed the registration, or you paid for it at a different time?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Okay. Do you how you paid for it?
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?
MS. KAWASS: So you did pay $1,700 for it.
MS. KAWASS: It was below value.
MS. KAWASS: was Mr. Adelson doing you a favor?
MS. KAWASS: Did you and Sigfredo get back in 2015?
MS. KAWASS: when?
KATHERINE MAGBANUA: I think it was May, the Pacquiao fight.
MS. KAWASS: And why does the Pacquiao fight stand out as a significant date for you?
KATHERINE MAGBANUA: Because that was the day that, like, we, 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, from 2015 to...
MS. KAWASS: Between July of 2014 --
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: -- when Charlie started fading away in the background --
KATHERINE MAGBANUA: Okay.
MS. KAWASS: -- until you get back together with Sigfredo in 2015, was Mr. Garcia actively pursuing you --
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: -- 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, there was -- you continued a relationship, a friendship --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- with Mr. Adelson.
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 Obed?
KATHERINE MAGBANUA: well, he used to be Charlie's roommate, I, guess, in 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. In whale Harbor.
MS. KAWASS: 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. were you a -- how often would you be at Mr. Adelson's house when you guys were dating? Did you ever sleep over?
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.
MS. KAWASS: 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. So it -- about my height, like --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. That's a big safe.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you ever see what was inside of the safe?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did Mr. Adelson ever take or count money in your presence?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Like stacks of hundreds?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. Now, when you were working for Mr. Obed, was he still a roommate of Mr. Adelsons?
KATHERINE MAGBANUA: I'm not quite sure.
MS. KAWASS: Okay. what did he do for a living?
KATHERINE MAGBANUA: Dr. Obed.
MS. KAWASS: Mr. Obed -- Dr. Obed.
KATHERINE MAGBANUA: He's a dermatologist.
MS. KAWASS: And what did you do for him in his office?
KATHERINE MAGBANUA: Same thing, office -- the front desk, office work, clerical, answering phones, faxing.
MS. KAWASS: Did Charlie Adelson assist you in obtaining this employment?
KATHERINE MAGBANUA: Yeah. I believe he lost his employee, or his employee was going to move to another job. So he needed somebody in the front. So he's like, why don't you hire Katie?
MS. KAWASS: Okay. Did Mr. Obed agree to pay you under the table?
KATHERINE MAGBANUA: we had some type of agreement. Yes.
MS. KAWASS: Okay. But you -- were you getting paid legitimately some but --
MS. KAWASS: -- 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 didn't -- 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 going to be very high, I guess.
MS. KAWASS: All right. And then how long did you work for Dr. Obed?
KATHERINE MAGBANUA: Maybe a couple months.
MS. KAWASS: Now, what's the next job that you had after that?
KATHERINE MAGBANUA: After Dr. Obed, so we're looking at 2015, 2015, 2016. See, I'ma 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 Optimar Realty. Okay?
KATHERINE MAGBANUA: Okay.
MS. KAWASS: 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. And describe for the jury what your setup was in terms of office space, when you were working at Optimar Realty.
KATHERINE MAGBANUA: well, she worked for Optimar 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.
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: I -- and we -- 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 --
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: -- 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, ma'am.
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?
MS. KAWASS: Not then. You're aware now.
KATHERINE MAGBANUA: Oh, yes.
MS. KAWASS: 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 Optimar Realty?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Does that sound about right, 4/14?
KATHERINE MAGBANUA: You said April...
MS. KAWASS: Fourteenth?
KATHERINE MAGBANUA: Fourteenth of 2016, right? Yes.
MS. KAWASS: Yes. 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 and...
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Okay. So now, now we're in 2016.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay? How are things with you and Mr. Garcia?
KATHERINE MAGBANUA: They were great.
MS. KAWASS: where were you guys living?
KATHERINE MAGBANUA: we were living in -- like, the exact address?
MS. KAWASS: No. You can give me like a general area.
KATHERINE MAGBANUA: It was, like, 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.
MS. KAWASS: So you and Mr. Garcia then move in together.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: what kind of -- was it an apartment, a condo, or...
KATHERINE MAGBANUA: It was a little town house.
MS. KAWASS: A little town house. Okay.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: what was your rent? If you remember.
KATHERINE MAGBANUA: Probably like 1500.
MS. KAWASS: Okay. And that was between you and Mr. Garcia?
MS. KAWASS: And the kids were --
MS. KAWASS: -- living there, too.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: Okay. So in 2016, you now realize around April something weird happened with mr. Adelson.
MS. KAWASS: Okay. Now, up until this incident of someone approaching him and threatening his mother on the -- or not him. Threatening his mother on the street --
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: -- you guys were still in constant communication, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And the wiretaps reflect that.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You've listened to all the wiretaps in this case.
KATHERINE MAGBANUA: I think so.
MS. KAWASS: That's a question, yes.
KATHERINE MAGBANUA: I think so.
MS. KAWASS: Have you listened to all the -- yeah. The ones I provided to you.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And 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 the bump --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- okay? And I have the transcripts if we need to refresh your recollection. Okay? You were sitting in court and you heard these phone calls being played, right?
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: But it wasn't the first time you heard them.
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Okay. So now I want to reference you to the first call. 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.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Okay? So I'm going to reference call 1392, which was on April 19th of 2016. Okay? This is apparently the first phone call to you from Mr. Adelson.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: 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?
MS. KAWASS: Did you hear yourself on the, on the recording?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: when you said, "what?"
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: Can you describe for the jury what you were -- why you answered him that way?
KATHERINE MAGBANUA: Yeah. I was confused.
MS. KAWASS: Did you have any idea or know what was going on?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. And Mr. Adelson told you that someone walked up to his mom and referenced an ex-girlfriend.
KATHERINE MAGBANUA: Yes, ma'am.
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 calling me?
MS. KAWASS: On that call, like -- did he say to you, I'm -- 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 Charlie was -- 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 I did anything wrong, right?
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: 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.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Okay. Does that sound familiar to you?
MS. KAWASS: All right. Did you have any idea what was going on at that point?
MS. KAWASS: All right. Now, he calls you again, Mr. Adelson, right?
KATHERINE MAGBANUA: (Nods head.)
MS. KAWASS: And he actually tells you in that phone call, which is the day before you meet with him at Dolce vita?
KATHERINE MAGBANUA: Right.
MS. KAWASS: You remember that, right?
MS. KAWASS: Okay. He references in that call, which is call No. 1394, that there was something about an exchange of a paper.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: And that he was going to show it to you --
KATHERINE MAGBANUA: Okay.
MS. KAWASS: -- when he saw you the next day.
MS. KAWASS: Do you remember that?
MS. KAWASS: Okay. And he said, you're my best friend. I'll show you what it is, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Judge, I'm going to object to leading.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: Okay. what happened the very next day?
KATHERINE MAGBANUA: when we met up at Dolce vita?
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: what do you mean, like, what happened? Like, we came -- we went to Dolce Vita to -- 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. I don't remember.
MS. KAWASS: Okay. when you sat down with him at Dolce vita --
KATHERINE MAGBANUA: Uh-huh.
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.
MS. KAWASS: He kept --
KATHERINE MAGBANUA: He didn't show me any paper.
MS. KAWASS: He didn't show you any paper.
KATHERINE MAGBANUA: Huh-uh.
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 his -- 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, you know, that clearly. But, I mean, that's about it. He's not -- he just started going off on scenarios, and I kind of just lost him.
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-1law 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 if they -- 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.
MS. KAWASS: were you able to decipher any of the conversation on that phone call?
MS. KAWASS: Even though you were sitting there.
MS. KAWASS: Do you hear yourself a lot?
MS. KAWASS: It's Charlie talking.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: 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 Garcia?
MS. KAWASS: The best way for us to know if that happened would be if we had your records.
KATHERINE MAGBANUA: Yeah. If I looked at my phone records.
MS. KAWASS: Okay. Now, you don't speak to Mr. Garcia until -- or see him until when? After getting this information from Mr. Adelson?
MS. KAWASS: when is the next time do you think you speak or see Mr. Garcia? Because you guys are living together.
KATHERINE MAGBANUA: we lived together, yes. 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? I don't think I specifically said who it was.
MS. KAWASS: Is it possible --
KATHERINE MAGBANUA: It's just --
MS. KAWASS: -- that you did?
KATHERINE MAGBANUA: I, I can't, I can't say if I did or if I didn't.
MS. KAWASS: And, and I'm just trying to -- to try and get as close 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.
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: Okay. You remember the phone call where you are in an argument with Mr. Garcia. We heard it played in court, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. what -- 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 terms -- well, apart from the fact that he hung up on you. But did you ever follow up 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, if -- just, Katie, just don't -- you don't need to know anything.
MS. KAWASS: Did you ever call that number?
KATHERINE MAGBANUA: Did I ever call it? No.
MS. KAWASS: Did you tell Charlie you were going to do it?
MS. KAWASS: You lied to him.
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: well, he's the father of my kids. If I needed something, I -- I'd ask him.
MS. KAWASS: Okay. But you told Mr. Adelson that you did, in fact, call it.
KATHERINE MAGBANUA: Yes. well, now that I reviewed the phone calls, yes. I probably just said it just to shut him up, because he keeps on and on, you know, about the situation.
MS. KAWASS: why didn't you call the police?
KATHERINE MAGBANUA: It really wasn't my place to call the police.
MS. KAWASS: what do you mean --
KATHERINE MAGBANUA: I know I heard myself saying it, because, at that time, I was already frustrated at the situation.
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: But for me to -- like, what am I going to call the police and say I have a friend that's getting threatened? I have a friend's mom that's getting threatened and might have said my name? what are -- they're going to think I'm crazy.
MS. KAWASS: So you never do call the police.
MS. KAWASS: Now, we hear on a phone call, a very long phone call, and you were -- sounded very frustrated.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You were using a lot of bad language --
KATHERINE MAGBANUA: I know.
MS. KAWASS: -- with Charlie. why were you frustrated with him?
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, in a 23-minute span. But...
MS. KAWASS: Is it weird to listen to yourself?
MS. KAWASS: You had 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.
KATHERINE MAGBANUA: -- like that? He's just -- because he keeps on. It's the same thing over and over. I don't know how many different phone calls -- like, 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 I thought he was losing it.
MS. KAWASS: Now, is it weird for Mr. -- 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's just -- always has different scenarios for situations and he thinks -- 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 ties to the Russian Mafia or anything like that?
KATHERINE MAGBANUA: I think I've heard him, like, mention something like that before. But...
MS. KAWASS: In, in your relationship with him --
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: -- does he talk grandiose --
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: -- things all the time?
But it's fair to call him a paranoid person, right?
MS. KAWASS: Now, I want to talk to you about the phone call where you are talking to Mr. Garcia.
MS. KAWASS: And you say to him -- you give him a dollar amount.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: And you correct him in saying this is not for Ethan's clothes.
MS. KAWASS: And it's a number that you're giving him a dollar amount.
MS. KAWASS: You weren't talking about clothes, were you?
KATHERINE MAGBANUA: No, I wasn't.
MS. KAWASS: You were talking in code, right?
MS. KAWASS: All right. Now, at that time, do you know why you were talking in code?
KATHERINE MAGBANUA: At that specific time, 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: Okay. 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: Uh-huh.
MS. KAWASS: Are you talking in code?
KATHERINE MAGBANUA: what's the next phone call?
MS. KAWASS: oh, okay. All right. I think this is April 26th. It was at 4:33 p.m. It's called Vv. And you are referencing that you got the number mixed up. And then you kind of talking about a really good client in terms of realty, you know, real estate ventures.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: were you talking about real estate ventures, if you remember?
KATHERINE MAGBANUA: For that specific phone call? I might, I might not have been. I don't --
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 Yindra at work.
MS. KAWASS: And where does Yindra work?
KATHERINE MAGBANUA: In realty.
MS. KAWASS: In a realty office.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: You also remember call Z, correct, which is April 24th of 2016, that talking about flushing the problem? Do you remember that one?
KATHERINE MAGBANUA: I think so.
MS. KAWASS: who initially answered the phone?
KATHERINE MAGBANUA: Yindra.
MS. KAWASS: Yindra.
MS. KAWASS: And that's why Charlie was saying, I thought I was talking to you?
MS. KAWASS: All right.
KATHERINE MAGBANUA: we kind of do sound alike on the phone, now that I hear.
MS. KAWASS: You never thought you sounded alike before?
MS. KAWASS: Now, when you say he was referencing you want the problem flushed --
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: -- was that in anything directly related to what was going on, or he was just saying that?
MS. CAPPLEMAN: Objection, speculation.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: You have no idea what he was talking about.
KATHERINE MAGBANUA: No idea what he was talking about.
MS. KAWASS: Is that a -- something that was very common when you're talking to Charlie Adelson?
MS. KAWASS: You also remember a phone call where he starts saying things like Tuto, taco, but he said Tuto's name. Do you remember that?
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: Yeah.
MS. CAPPLEMAN: Objection, leading.
MS. KAWASS: Do you remember --
JUDGE HANKINSON: Overruled.
BY MS. KAWASS:
MS. KAWASS: 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. CAPPLEMAN: Objection, leading.
BY MS. KAWASS:
MS. KAWASS: Did he know who --
JUDGE HANKINSON: Let's not lead your own witness, please Ms. Kawass.
BY MS. KAWASS:
MS. KAWASS: 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: Okay. Did you find that strange that he was saying that to you on the phone?
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 -- 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.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. 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 --
JUDGE HANKINSON: You need to keep your voice up, please.
KATHERINE MAGBANUA: 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.
BY MS. KAWASS:
MS. KAWASS: Did he come home and tell you about the fact that agents came to his job?
KATHERINE MAGBANUA: Yeah. That was the date prior to that, I believe.
MS. KAWASS: The day before.
MS. KAWASS: Did anything weird happen to you on that day?
KATHERINE MAGBANUA: Apparently, they were knocking at the same time at 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 were in the town house that we spoke about, right?
KATHERINE MAGBANUA: 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. I mean --
MS. KAWASS: Describe it for me.
KATHERINE MAGBANUA: It was just, like, a little (indicating). Like a loud knock, like it's the police. It's, like, they knock loud and -- like that, you know. And I, I mean, I started freaking out, because my dog was in the back, 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 some movement in the, in the backyard, but I didn't know really what was going on.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: So...
MS. KAWASS: 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 the -- do you have a peephole?
KATHERINE MAGBANUA: I think I looked through, like, the kitchen window. And then I, I just saw, like, their shadow. It was, like, two --
MS. KAWASS: So what did, what did you see outside?
KATHERINE MAGBANUA: It was, like, 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 were two men banging at your door.
MS. KAWASS: Do you call anyone?
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?
MS. KAWASS: Can you describe your demeanor at that time to the jury?
KATHERINE MAGBANUA: I, 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're not saying anything but they're just standing there.
MS. KAWASS: So you just ignored them.
MS. KAWASS: Do you have any idea why the police was coming to talk to you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But Sigfredo comes home later that evening, right?
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 -- because, 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, feds, why are they talking to him?
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: And then it was kind of like a back-and-forth, finally. And then one of his coworkers -- because then he had to hang up. I don't know if he had to go back and talk to them but his -- one of his coworkers came -- picked up the phone.
And that's when I told him, I was like, who is around my house? And he's like, well, I'm going to come by over there, because I'm like, there's two guys -- possibly two guys that's knocking at the door --
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: -- and I'm by myself.
MS. KAWASS: Did this person --
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: -- to your knowledge drive around?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And do you remember who this person was? I don't know if you said his name.
KATHERINE MAGBANUA: I can't think of the top of my head his name right now.
MS. KAWASS: But it -- was it one of Mr. Garcia's friends or your friend or...
KATHERINE MAGBANUA: His coworker.
MS. KAWASS: Oh, okay.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: And when he kind of circled around your house, did he give you any information as to what he observed?
KATHERINE MAGBANUA: Yeah. He said that --
MS. KAWASS: what did he tell you?
KATHERINE MAGBANUA: -- there's probably, like, 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 --
MS. KAWASS: -- and then walked up to your door.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: what, if you remember, what do you and Mr. Garcia talk about that night? Did you ask him, like --
KATHERINE MAGBANUA: well --
MS. KAWASS: -- why are the feds coming to your job?
KATHERINE MAGBANUA: That night -- well, he -- yeah. Because when I was already on the phone with him, he -- and he told me he didn't know.
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: But we were planning to go, for my daughter's birthday, to Disney. So...
MS. CAPPLEMAN: Object to hearsay as to what Mr. Garcia said, what they talked about.
JUDGE HANKINSON: I'll sustain the objection.
BY MS. KAWASS:
MS. KAWASS: 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 --
KATHERINE MAGBANUA: May 30th.
MS. KAWASS: And this was May --
KATHERINE MAGBANUA: Twenty-fifth.
MS. KAWASS: Fifth. Okay.
KATHERINE MAGBANUA: Uh-huh. He got arrested May 25th.
MS. KAWASS: All right. Did you know that this had anything to do with anything in Tallahassee?
KATHERINE MAGBANUA: I -- he -- I think he said on the phone -- like, they asked him about Tallahassee. And I was like, like, well, what about Tallahassee? You know? well, why would they ask you about Tallahassee? Basically.
MS. KAWASS: Now, let's talk about his arrest.
MS. KAWASS: Okay. when Mr. Garcia was arrested, describe for the jury the media attention surrounding his arrest.
KATHERINE MAGBANUA: well, apparently, it was everywhere. It 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 hear about anything.
MS. KAWASS: And there is a recording of you when you're -- when he's arrested, right?
KATHERINE MAGBANUA: I believe -- I think so.
MS. KAWASS: And how do you sound on the phone when --
KATHERINE MAGBANUA: Oh, when I was --
MS. KAWASS: -- when you find 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 a murder?
MS. KAWASS: At some point, is it very soon -- is the -- are you privy to the warrant that was drafted for Mr. Garcia?
KATHERINE MAGBANUA: I, I believe so. Yeah.
MS. KAWASS: Okay. And it laid out, basically, the entire case --
MS. KAWASS: -- against Mr. Garcia and Mr. Rivera.
MS. KAWASS: All right. Do you know if that warrant was leaked to the media? And I -- were you able to view it online yourself?
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. 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?
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: And, you know, he kind of just gave me a little bit more facts. He's like, oh, we'll wait. What's going to happen?
MS. CAPPLEMAN: I'm going to object to hearsay.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
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?
MS. KAWASS: well, that there was this document that was --
KATHERINE MAGBANUA: Oh, well, yeah. Because there's no warrant that was out for me. They just arrest me.
MS. KAWASS: Do you remember when the probable cause affidavit for you and Charlie was released --
KATHERINE MAGBANUA: Oh --
MS. KAWASS: -- to the media?
KATHERINE MAGBANUA: -- that 19-page...
MS. KAWASS: That 19-page document?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: 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, ma'am.
MS. KAWASS: Describe for the jury what was going on in your mind and what was happening there.
KATHERINE MAGBANUA: when I was packing up the stuff is because I had to go for my daughter's birthday to Orlando. So I was already packing up -- I kind of had prepacked clothes already for, you know, the whole weekend stay that we had.
MS. KAWASS: were you also scared to stay in that house after Mr. Garcia was arrested?
MS. KAWASS: where did you move or go and stay with?
KATHERINE MAGBANUA: well, actually, my brother advised me he -- that my family didn't feel comfortable for me to live there by myself with the kids and with everything that was going on and 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.
JUDGE HANKINSON: when you get a good stopping point, Ms. Kawass, the jury is probably about due for a break.
MS. KAWASS: Okay.
(Brief pause.)
JUDGE HANKINSON: Is...
MS. KAWASS: Oh, yes, yes, Judge. I was agreeing. Yes.
JUDGE HANKINSON: Is now a good time? All right. we'll take ten minutes.
MS. KAWASS: Okay.
JUDGE HANKINSON: Either side need anything?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: No? All right. Ten minutes.
(Brief recess.)
BAILIFF: All rise and come to order. Court is back in session.
JUDGE HANKINSON: Let's have a jury, please.
(Jury enters.)
JUDGE HANKINSON: Everybody be seated, please.
You may continue, Ms. Kawass.
MS. KAWASS: Thank you, Your Honor.
BY MS. KAWASS:
MS. KAWASS: Ms. Magbanua, where were you born?
KATHERINE MAGBANUA: In 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 if -- do you still have family in the Philippines?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So if you needed to flee the country, you would have somewhere to go, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, when that warrant was released for you but not 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 --
MS. KAWASS: The phone.
KATHERINE MAGBANUA: -- phone number?
MS. KAWASS: well, phone, phone number because you hadn'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: 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?
MS. KAWASS: So it's not really directly linked to you in any way?
MS. KAWASS: why did you do that?
KATHERINE MAGBANUA: well, aft -- when Sigfredo got arrested --
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: -- right after that, 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.
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, 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: Let's talk about the day that you were arrested. October 1st, 2016, that was three years ago, almost to the day.
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. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Ask another question. I'll sustain.
BY MS. KAWASS:
MS. KAWASS: were you with your kids that morning?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Were you --
KATHERINE MAGBANUA: well, with my --
MS. KAWASS: were you driving --
KATHERINE MAGBANUA: -- with my daughter.
MS. KAWASS: were you driving --
KATHERINE MAGBANUA: They got -- I'm sorry.
MS. KAWASS: I'm sorry. And I'm interrupting you. 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: My daughter -- it was actually a shopping plaza next to Sigfredo's sister's apartment.
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: I just, like -- I mean, I grabbed some food for, for all of them. So I dropped it off with my daughter. 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 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, 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, like, 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.
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: So I just -- I, 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. 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 you put your hands up.
KATHERINE MAGBANUA: (Nods head.)
MS. KAWASS: How many guns were pointed at you?
KATHERINE MAGBANUA: I can't even count. It was just in every direction.
MS. KAWASS: Okay. 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.
MS. KAWASS: what happened to you in the car when you saw all those guns?
KATHERINE MAGBANUA: well, the car was kind of still going, because, you know, I kind of let -- I just -- I freaked out and I kind of let go of, like, the, the gas and -- I mean, the brake. And then I put it on park. They told me, like, put it on park, put on park. And then I was like, okay, okay, hold on. TI put it on park. They, they got me out.
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: And then I believe it was Isom that, like, 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.
MS. KAWASS: You've seen him several times.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: was Agent Sanford there? You remember him testifying.
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: 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. 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 date for you in the past three years. 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'll sustain the objection.
BY MS. KAWASS:
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?
KATHERINE MAGBANUA: (Nods head.)
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: were you aware that the Government has said that you have the key to your own freedom?
MS. CAPPLEMAN: Objection, Judge, your prior ruling.
MS. CAPPLEMAN: I'm going to ask for a sidebar for her --
JUDGE HANKINSON: Okay.
MS. CAPPLEMAN: -- to proffer this question.
JUDGE HANKINSON: All right.
(Sidebar discussion held as follows):
MS. CAPPLEMAN: I'm concerned about us getting back into the immunity issues, so I'd like a proffer what the next couple of questions are going to...
MS. KAWASS: I'm opening the immunity door --
JUDGE HANKINSON: Keep your voice up.
MS. KAWASS: Oh, sorry. I am normally loud. I'm not opening the immunity door. I wanted to see if she, while was in custody, she saw that a news article where Ms. Cappleman said she holds the key to her own freedom. And she saw it.
MS. CAPPLEMAN: I don't think I agree. Doesn't it go to the same topics that we've already excluded on the basis of part of the plea negotiations?
MS. KAWASS: It goes to her state of mind, Judge. I'm not offering it for the truth of the matter asserted.
MS. CAPPLEMAN: Her state of mind that she's refused to cooperate? If she's maintaining --
MS. KAWASS: That she --
MS. CAPPLEMAN: -- her innocence, I don't think that's appropriate. I would object.
JUDGE HANKINSON: what -- your theory of relevance is what?
MS. KAWASS: Is that she knows that the State wants her to cooperate and give them Charlie Adelson but that she's not going to lie to do it. There's only one reason she's been in custody for three years.
JUDGE HANKINSON: I mean, I understand. we seem to be going a long ways around the bush to get to that question, but I'll overrule the objection to that question. But let's get to it and, you know, we don't need -- I don't want to get into -- back into plea discussions or negotiations. I understand your theory that she would have motive to tell a different story, and she's chose not to. So I'll overrule the objection at that point.
MS. KAWASS: Thank you, Judge.
(Sidebar discussion concludes.)
BY MS. KAWASS:
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 are aware that the Government's position was that you -- you saw a news report where they said that you hold the key to your own freedom --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- remember that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. 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.
BY MS. KAWASS:
MS. KAWASS: Okay. And how would you do that?
KATHERINE MAGBANUA: If I gave up Charlie.
MS. KAWASS: Can you -- 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 --
MS. KAWASS: -- do you think Charlie was involved in this?
MS. KAWASS: Do you think Charlie was lying to you?
MS. KAWASS: Okay. And the last time you saw your kids was when?
JUDGE HANKINSON: That's not relevant. Anything further, Ms. Kawass?
BY MS. KAWASS:
MS. KAWASS: Are you innocent?
MS. KAWASS: No further questions at this time.
JUDGE HANKINSON: Garcia.
CROSS-EXAMINATION BY MR. ZANGENEH:
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 -- is it a house or an apartment?
KATHERINE MAGBANUA: Yeah, an apartment.
MR. ZANGENEH: Do you recall what day that was? Does July 1st --
MR. ZANGENEH: -- 2014, sound about right?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: And 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 Harvey 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 but I believe -- I think it js.
MR. ZANGENEH: So if it was that day, that would coincide on the same day that my client pulled out and tried to, tried to stop Charlie Adelson from leaving the home that you're at with you, correct?
MR. ZANGENEH: And you described my client as being upset --
MR. ZANGENEH: -- 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 there was a time where he was in the car with my client. They drove up to a restaurant in Brickell. Do you remember that?
KATHERINE MAGBANUA: Yes, sir.
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: Yeah. Yes, sir.
MR. ZANGENEH: And --
KATHERINE MAGBANUA: I believe like a late -- I mean, a early dinner. Yeah.
MR. ZANGENEH: You were at a restaurant eating, correct?
KATHERINE MAGBANUA: Yes. Uh-huh.
MR. ZANGENEH: And Mr. Rivera testified that my client indicated that he wanted to run over Mr. Adelson, correct? Do you recall him --
KATHERINE MAGBANUA: Rivera wanted -- I mean, testified that -- yeah, you're correct. Uh-huh.
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 a accurate reflection of my client's feelings on Charlie Adelson?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: Didn't like him.
KATHERINE MAGBANUA: At all.
MR. ZANGENEH: Didn't like the fact that you were in a relationship with him --
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: -- correct?
KATHERINE MAGBANUA: Yeah.
MR. ZANGENEH: You'll 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 is calling, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: And you did this because you were concerned about my client may be hurting Charlie Adelson?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: Or, I guess cussing him out or saying certain ugly things to him; would that be fair?
KATHERINE MAGBANUA: Uh-huh.
MR. ZANGENEH: And Mr. Adelson, in a text message, says something about he wants to take me deep sea fishing, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: It doesn't mean they were going to go on a friendly ship -- 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.
MR. ZANGENEH: Did he -- were you aware of -- let me rephrase 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?
MR. ZANGENEH: And would it be fair to say that Charlie Adelson wasn't a drug dealer, right? He wasn't a drug dealer.
KATHERINE MAGBANUA: He wasn't a --
MR. ZANGENEH: He's a dentist.
MR. ZANGENEH: But he was able to obtain drugs, right?
MR. ZANGENEH: Now, Luis Rivera was a drug dealer, correct?
MR. ZANGENEH: You knew this.
MR. ZANGENEH: He even testified to it in open court that he sold drugs.
MR. ZANGENEH: Were you, were you friendly with Jessica Rodriguez when Luis Rivera got indicted?
KATHERINE MAGBANUA: when he got -- yes.
MR. ZANGENEH: And were you friendly with Jessica Rodriguez during the time that you knew Charlie Adelson?
MR. ZANGENEH: And you would mention -- I think you mentioned to Jessica Rodriguez about you meeting Charlie, right?
KATHERINE MAGBANUA: Yeah. Like, I mentioned his name to her.
MR. ZANGENEH: You heard Luis Rivera describe himself in court as a jackboy, correct?
MR. ZANGENEH: And that means that he's someone that robs people, correct?
MR. ZANGENEH: Robs people at gunpoint, presumably, correct?
MR. ZANGENEH: Now, you knew that Luis Rivera owned a firearm, correct?
MR. ZANGENEH: And you also knew that he was a member of the Latin Kings.
MR. ZANGENEH: You also knew he was a high-ranking official of the Latin Kings.
MR. ZANGENEH: That's something he was very proud of, correct?
MR. ZANGENEH: He even has a huge tattoo of his gang membership on his stomach, correct?
MR. ZANGENEH: It's not a fake tattoo; it's a permanent tattoo, correct?
KATHERINE MAGBANUA: Yeah. It's permanent.
MR. ZANGENEH: 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: (Nods head.)
JUDGE HANKINSON: Did you answer --
JUDGE HANKINSON: -- out loud?
BY MR. ZANGENEH:
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.
MR. ZANGENEH: And so from --
KATHERINE MAGBANUA: Before that.
MR. ZANGENEH: Before that?
KATHERINE MAGBANUA: Yeah. Before New Year's Eve of 2013.
MR. ZANGENEH: Late, late 2013.
KATHERINE MAGBANUA: Yes. Uh-huh.
MR. ZANGENEH: Not on the last day.
KATHERINE MAGBANUA: No, no, no.
MR. ZANGENEH: Okay. So from 2014 to 2015, you guys were not together, correct, until May of 2015.
KATHERINE MAGBANUA: (Nods head.)
MR. ZANGENEH: And it was your testimony that --
MR. ZANGENEH: -- I'm sorry. I didn't mean to cut you off.
KATHERINE MAGBANUA: No, no. It's okay.
MR. ZANGENEH: Is that correct?
KATHERINE MAGBANUA: I just wanted to respond for her.
MR. ZANGENEH: And then from July of 2014 until May of 2015, when you guys rekindled your relationship, my client was actively pursuing you to get back together; is that correct?
MR. ZANGENEH: And you will also agree with me that there was portions of your relationship with Mr. Adelson that continued after you got together with my client, correct?
MR. ZANGENEH: And when my client found out that you were -- 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 8:00 in the morning?
KATHERINE MAGBANUA: It was fairly early, 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. Uh-huh.
MR. ZANGENEH: would it also be fair to say that Luis Rivera had multiple phones?
MR. ZANGENEH: You would also see Luis with at least two phones, correct?
MR. ZANGENEH: And did you know if Luis had one of his phones for his family and friends and the other one's for his drug dealing and robbing and all the other --
KATHERINE MAGBANUA: I would --
MR. ZANGENEH: -- i]licit crimes he was committing?
KATHERINE MAGBANUA: I would think that that's how it would happen. Yeah.
MR. ZANGENEH: The day before my client was arrested, the federal agents went to his work, correct?
MR. ZANGENEH: 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 preplanned vacation for your family?
MR. ZANGENEH: Okay. Had you packed up your furniture in the house --
MR. ZANGENEH: -- to leave?
MR. ZANGENEH: Just like an overnight bag for the weekend with your children?
KATHERINE MAGBANUA: Yes. Uh-huh. 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, sir.
MR. ZANGENEH: Do you know how much Sigfredo's paid for that Monte Carlo?
KATHERINE MAGBANUA: (Shakes head.)
KATHERINE MAGBANUA: Basically nothing. Next to nothing.
MR. ZANGENEH: would you consider that to be an extravagant purchase?
MR. ZANGENEH: You were in court when Luis Rivera testified to how much money he would make off the rob -- off of these rips that he did, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: He said, you know, between ten and $20,000 per rip?
MR. ZANGENEH: Okay. So what he does during these rips -- I'm sorry, his -- these robberies.
KATHERINE MAGBANUA: Robberies. Uh-huh.
MR. ZANGENEH: 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?
KATHERINE MAGBANUA: Yes, sir.
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?
MR. ZANGENEH: were people afraid of Luis Rivera?
(off-the-record discussion.)
BY MR. ZANGENEH:
MR. ZANGENEH: You've known Sigfredo over a decade?
MR. ZANGENEH: Talked to him a lot?
KATHERINE MAGBANUA: Yes, sir.
MR. ZANGENEH: would Sigfredo Garcia ever do anything to help Charlie Adelson?
KATHERINE MAGBANUA: Never.
JUDGE HANKINSON: I think we can go ahead and take a lunch break now. I don't think the State's going to finish their cross in 20 minutes. I just assume do it all at once. But let's be back and ready to go at one o'clock, please.
Either side need anything?
MS. CAPPLEMAN: No, sir.
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: All right.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. Y'all have a good lunch. See you at one o'clock.
(Jury exits; lunch recess.)
BAILIFF: All rise and come to order. Court is back in session.
JUDGE HANKINSON: Let's have a jury, please.
(Jury enters.)
JUDGE HANKINSON: Everybody be seated, please.
You may proceed, Ms. Cappleman.
MS. CAPPLEMAN: Thank you, Your Honor.
CROSS-EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Ms. Magbanua, you testified about Mr. Rivera's reputation in the community for violence. Are you aware of Mr. Garcia's reputation in the community for violence?
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Overruled.
KATHERINE MAGBANUA: As far as, I mean, he's probably --
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I mean, he's a violent guy, too, right?
KATHERINE MAGBANUA: In the past.
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Sustained.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Does he also have a reputation in the community for violence?
KATHERINE MAGBANUA: when he was younger, yes. He used to get trouble.
MS. CAPPLEMAN: But he wouldn't do anything for Charlie Adelson, right?
MS. CAPPLEMAN: Because he hated Charlie Adelson?
KATHERINE MAGBANUA: He hated him.
MS. CAPPLEMAN: But he would do anything for you, wouldn't he?
KATHERINE MAGBANUA: No. Because sometimes I ask him simple tasks, and he can't even do that.
MS. CAPPLEMAN: He loved you, didn't he?
KATHERINE MAGBANUA: I believe so.
MS. CAPPLEMAN: He was desperate to get you back. we've heard a lot of evidence about that, haven't we?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: what about for a hundred thousand dollars, would he do things for that?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Okay. Have you seen the deep sea fishing threat, State's 183?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And did you already testify on cross with Mr. Zangeneh --
JUDGE HANKINSON: Put the screen down.
MS. CAPPLEMAN: -- that -- watch your head, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: That you, after reviewing this text, do not believe that Mr. Garcia was actually inviting Mr. Adelson to go deep sea fishing, that --
KATHERINE MAGBANUA: You mean Charlie inviting -- oh, Mr. Garcia inviting him. No, I believe not.
MS. CAPPLEMAN: So that was a joke?
KATHERINE MAGBANUA: I, I took it as a joke. I mean, from reading it --
MS. CAPPLEMAN: All right. And --
KATHERINE MAGBANUA: -- as being sarcastic.
MS. CAPPLEMAN: well, not just reading it. It was -- 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?
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: well, 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?
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: A 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: with Rivera you're talking about, right?
MS. CAPPLEMAN: Yeah.
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 of him -- I mean, he's, he's been around us before. Like, he's --
MS. CAPPLEMAN: Yeah. I mean, he's the best friend of your child's father, correct?
KATHERINE MAGBANUA: I would guess so.
MS. CAPPLEMAN: They have 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: All right. 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.
KATHERINE MAGBANUA: -- during this trial right now.
MS. CAPPLEMAN: How much time have you spent reviewing the evidence in this case?
KATHERINE MAGBANUA: How much time did...
MS. CAPPLEMAN: Yeah.
KATHERINE MAGBANUA: Not a lot.
MS. CAPPLEMAN: How much?
KATHERINE MAGBANUA: I can't give you a certain time.
MS. CAPPLEMAN: A couple hours?
KATHERINE MAGBANUA: Maybe.
MS. CAPPLEMAN: Okay. And you can read, can't you, Ms. Magbanua?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: You're an educated person, aren't you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: A college graduate?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. How far did Mr. Garcia get in school?
KATHERINE MAGBANUA: 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, did you say?
KATHERINE MAGBANUA: Heavy equipment operation.
MS. CAPPLEMAN: All right. And did you have a lot of control over Mr. Garcia? I mean --
MS. CAPPLEMAN: -- 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: whenever he was working. Did that -- you tell me.
KATHERINE MAGBANUA: Yeah. 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.
MS. CAPPLEMAN: All right.
KATHERINE MAGBANUA: 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?
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: would you agree with that?
KATHERINE MAGBANUA: His whole paycheck, when he was working in Rapid Capital?
MS. CAPPLEMAN: Yes.
KATHERINE MAGBANUA: 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?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And he was not steadily employed at that time, correct?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: 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.
MS. CAPPLEMAN: Okay. And rarely had any money during that time frame; would you agree with that?
KATHERINE MAGBANUA: when he was living with her?
MS. CAPPLEMAN: Yes, ma'am.
KATHERINE MAGBANUA: I don't know if he had a steady income on something, but he did have money.
MS. CAPPLEMAN: He was living off of her; would you agree with that? Or you don't know?
KATHERINE MAGBANUA: No. I wouldn't --
MS. CAPPLEMAN: You don't agree with that?
KATHERINE MAGBANUA: -- I wouldn'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 he had taken off work during those days?
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: why do your phone records put you there, at 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?
KATHERINE MAGBANUA: Yeah. No, I didn't go --
MS. CAPPLEMAN: 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. That's my point. You wouldn't.
KATHERINE MAGBANUA: I did -- I didn't.
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: Okay. 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 frame?
KATHERINE MAGBANUA: No. They knew each other existed.
MS. CAPPLEMAN: Okay.
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.
MS. CAPPLEMAN: So you were lying to them about that.
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 would -- 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: You lied to him when you told him that you had called the number on the paper, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: 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.
MS. CAPPLEMAN: No --
KATHERINE MAGBANUA: That's not --
MS. CAPPLEMAN: -- I'm asking you.
KATHERINE MAGBANUA: -- 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: All right. 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 his 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. So why do I have to --
MS. CAPPLEMAN: Okay. well, he didn't act like he knew it on the wire, did he?
MS. CAPPLEMAN: He did act like he knew who it was?
KATHERINE MAGBANUA: No, he didn't.
KATHERINE MAGBANUA: He acted like that's why it was kind of weird when he kept saying, like, taco, or whatever.
MS. CAPPLEMAN: Yeah.
KATHERINE MAGBANUA: He knows Tuto's name.
MS. CAPPLEMAN: Did he know Tato's name?
MS. CAPPLEMAN: Okay. So he'd never met Tato, to your knowledge.
MS. CAPPLEMAN: 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.
MR. ZANGENEH: Objection, Judge. Asked and answered.
JUDGE HANKINSON: Overruled.
BY MS. KAWASS:
MS. KAWASS: what's your answer, ma'am?
KATHERINE MAGBANUA: I just didn't ask.
MS. KAWASS: Okay. Because you don't ask questions. I mean, haven't we pretty much established that?
MS. KAWASS: You didn't ask any questions when this bump went down about what's going on, why am I getting involved in this, why would I will help you try to figure who this is that's extorting --
MS. KAWASS: -- your mother?
KATHERINE MAGBANUA: -- I did ask.
MR. ZANGENEH: Objection. It's a compound question, Judge.
JUDGE HANKINSON: Sustained. One question at a time, please.
BY MS. CAPPLEMAN:
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 --
KATHERINE MAGBANUA: Because 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 he called, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And 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 ex-girlfriends --
KATHERINE MAGBANUA: I was the --
MS. CAPPLEMAN: -- does he have?
KATHERINE MAGBANUA: -- I was the only last ex-girlfriend, like he was stating, 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 did -- 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, why would somebody approach your mother saying my name? 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 that he was saying different scenarios. But like I said, he goes off --
MS. CAPPLEMAN: what scenarios?
KATHERINE MAGBANUA: That it could be cops or it could be somebody harassing his family for money or extorting his family for money. But --
MS. CAPPLEMAN: And why would it be the cops?
KATHERINE MAGBANUA: 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.
MS. CAPPLEMAN: Have you --
KATHERINE MAGBANUA: 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?
KATHERINE MAGBANUA: Of the Dolce vita?
MS. CAPPLEMAN: Yes, ma'am.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And he pulled out a piece of paper, clearly, on that video, right?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: He did not?
KATHERINE MAGBANUA: 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: And 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? Remind me --
KATHERINE MAGBANUA: Somebody extorting money from his family.
MS. CAPPLEMAN: Okay. 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: Uh-huh. 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 this 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, ma'am.
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 --
MS. CAPPLEMAN: Okay. well --
KATHERINE MAGBANUA: -- 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.
MS. CAPPLEMAN: That's it?
KATHERINE MAGBANUA: That's all I can recall.
MS. CAPPLEMAN: Did he tell you the phone number of the person --
KATHERINE MAGBANUA: See, I --
MS. CAPPLEMAN: -- 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 --
KATHERINE MAGBANUA: I don't remember.
MS. CAPPLEMAN: -- 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?
MS. KAWASS: Objection, hearsay, facts not in evidence.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did that occur?
KATHERINE MAGBANUA: I only remember that because 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 guys as an act of charity, that would be kind of similar to how he kept you quiet, right?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: I mean, 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?
MS. CAPPLEMAN: Yes, ma'am.
KATHERINE MAGBANUA: 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 paid for my Mazda repairs.
MS. CAPPLEMAN: Okay. Did he pay for your insurance?
KATHERINE MAGBANUA: For, 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 20th, 2015, do you recall sending a text to Mr. Adelson, asking him for money?
KATHERINE MAGBANUA: I don't remember that.
MS. CAPPLEMAN: Okay. And do you remember Mr. Adelson giving you $1400 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 at his place when you were over there.
KATHERINE MAGBANUA: No. I don't remember that.
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 paid for my teeth whitening.
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: Okay. He owns a limo, right?
KATHERINE MAGBANUA: I don't think -- I didn't know if he owned the limo. I just -- I paid the driver to -- for, like, hourly.
MS. CAPPLEMAN: Okay. You tipped 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, your -- 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.
MS. CAPPLEMAN: And how much cash did you typically have on hand?
KATHERINE MAGBANUA: 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, $3,000 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'1l1 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.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: 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 breast augmentation.
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 for my breast augmentation.
MS. CAPPLEMAN: Okay. So you would save the money separately, not deposit it, and then --
KATHERINE MAGBANUA: well, I knew --
MS. CAPPLEMAN: -- paid cash?
KATHERINE MAGBANUA: Yeah. Because I already had my aug -- or my consultation in the beginning of that year, the beginning of 2014. So I was already saving up --
MS. CAPPLEMAN: Okay. why Char --
KATHERINE MAGBANUA: -- so that when I get the -- go ahead.
MS. CAPPLEMAN: You were saving up for the breast augmentation.
KATHERINE MAGBANUA: Yeah. I already had it.
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, like, he's giving me all this stuff --
MS. CAPPLEMAN: Yeah.
KATHERINE MAGBANUA: -- 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? Is that asa favor?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Not as payment for a murder?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Not to keep you happy?
KATHERINE MAGBANUA: why wouldn't he just pay me the cash? 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?
MS. CAPPLEMAN: Uh-huh.
KATHERINE MAGBANUA: I started. 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 a hundred percent sure, like, of 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. why, why did Mr. Adelson create a position for you --
KATHERINE MAGBANUA: well, he --
MS. CAPPLEMAN: -- that's never been done before?
KATHERINE MAGBANUA: I asked him for a favor if he can do that.
MS. CAPPLEMAN: Okay. what job description did you have when you worked for Mr. Adelson?
KATHERINE MAGBANUA: well, I said I was just his, like, personal assistant. I wasn't going to the office --
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: -- 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 to the -- in the office to clean up a bit but I never, I never did it.
MS. CAPPLEMAN: wasn't it a joke between you and Mr. Adelson about this job that you were performing for him?
KATHERINE MAGBANUA: I guess.
MS. CAPPLEMAN: You didn't do anything on the laptop in reference to his work?
KATHERINE MAGBANUA: On the laptop?
MS. CAPPLEMAN: Yes, ma'am.
KATHERINE MAGBANUA: Like, sign in into, into the Dentrix?
MS. CAPPLEMAN: Yeah.
KATHERINE MAGBANUA: I believe I've done it before. Yes.
MS. CAPPLEMAN: How many times did you do that?
KATHERINE MAGBANUA: I don't recall.
MS. CAPPLEMAN: And what type of work did you do when you logged into the Dentrix?
KATHERINE MAGBANUA: well, I was just looking at the patients, like, the scheduling.
MS. CAPPLEMAN: Okay. And did you schedule any patients?
KATHERINE MAGBANUA: No. I didn't schedule anything.
MS. CAPPLEMAN: Are there any --
KATHERINE MAGBANUA: He would --
MS. CAPPLEMAN: -- 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: Did you ever go to the office on the weekends, for any purpose?
KATHERINE MAGBANUA: I believe I have, like, probably -- but not often, like once or twice only.
MS. CAPPLEMAN: All right. And what was the purpose of that visit?
KATHERINE MAGBANUA: He wanted me to clean up in the office.
MS. CAPPLEMAN: Oh, you went up --
KATHERINE MAGBANUA: I probably just, I probably just stopped at -- by at the office. Don't recall what I did. It's been a couple years.
MS. CAPPLEMAN: All right. Let's --
KATHERINE MAGBANUA: But I have stopped at the office before --
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: -- on the weekend.
MS. CAPPLEMAN: Let's talk about the nightclub employment --
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: -- that you've 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 $1500 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 1200 or $1700 for a month, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And that was tips for a whole month?
KATHERINE MAGBANUA: No. It's -- the reason why they gave us those checks and the reason why it bounced because a lot of us girls were complaining about -- it's supposed to be -- the way that, like, the owner -- or the whatever, account guy that did it, he wanted to do just a percentage. So if, like, they swiped their card, it's a percentage of that is supposed to be our tips. Anything that's cash that the, that the patrons, you know, pay for is, like, go straight to our pocket.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: So it was -- that was from, like, a credit card --
MS. CAPPLEMAN: So it's credit card tips.
KATHERINE MAGBANUA: Yeah. Like a credit card percentage.
MS. CAPPLEMAN: All right. And so your credit card tips for the months were whatever that amount was --
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: -- that was on that check.
All right. And that's what bounced.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. And --
KATHERINE MAGBANUA: Twice, I believe.
MS. CAPPLEMAN: -- 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: All right. How many times in your career as a bottle girl did you make $1500 in one night?
KATHERINE MAGBANUA: How many times?
MS. CAPPLEMAN: Yeah.
KATHERINE MAGBANUA: I can't recall.
MS. CAPPLEMAN: More than five?
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?
KATHERINE MAGBANUA: That's not what --
MS. KAWASS: Objection, misstatement of the facts. That's not what she --
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
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 a night?
KATHERINE MAGBANUA: A good night?
MS. CAPPLEMAN: Uh-huh.
KATHERINE MAGBANUA: That's a good night to her.
MS. CAPPLEMAN: Okay. But that wasn't --
KATHERINE MAGBANUA: But she was working in --
MS. CAPPLEMAN: -- a good night for you?
KATHERINE MAGBANUA: -- Hollywood Live with me. Fate was a higher, higher scale club.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: And I was also doing bartending, as well. She wasn't 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, in that club.
MS. CAPPLEMAN: All right. 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?
MS. KAWASS: Objection, burden shifting.
JUDGE HANKINSON: Overruled.
KATHERINE MAGBANUA: I mean, I should have had it in my texts. Like, sometimes, like, they'll give us a schedule or they'll call us or tell us, okay, can you come in this and this date? Or we would be, for that weekend, we would already know, more or less, what days to come jin.
BY MS. CAPPLEMAN:
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 like --
KATHERINE MAGBANUA: I don't remember --
MS. CAPPLEMAN: -- that here?
KATHERINE MAGBANUA: -- their names. No.
MS. CAPPLEMAN: And regular --
KATHERINE MAGBANUA: This was years ago.
MS. CAPPLEMAN: -- customers?
MS. CAPPLEMAN: would you agree, Ms. Magbanua, that you deposited $13,000 in cash in August of 2014?
KATHERINE MAGBANUA: If that's what my basic 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?
KATHERINE MAGBANUA: The $13,000?
MS. CAPPLEMAN: Yeah.
KATHERINE MAGBANUA: 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. It was -- there's times that I've gotten money from Sigfredo.
MS. CAPPLEMAN: All right. well, is it a coincidence, Ms. Magbanua, that -- when you noticed the striking spike in your income that happens exactly at the time of this homicide, don't you? I mean, it's there, isn't it?
KATHERINE MAGBANUA: well, in your diagram, yes.
MS. CAPPLEMAN: Yeah. But, I mean, do you have a reason to dispute this diagram?
KATHERINE MAGBANUA: It's just --
MS. CAPPLEMAN: It's based on your cash deposits, isn't it?
KATHERINE MAGBANUA: I guess so.
MS. CAPPLEMAN: So you would agree that there is a pretty striking amount of money that came in -- that you came into immediately after this homicide?
KATHERINE MAGBANUA: From your diagram, I can 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 had met with Mr. Adelson?
KATHERINE MAGBANUA: I don't -- see, 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 you?
KATHERINE MAGBANUA: Yes. Yes, ma'am.
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 homey is your business. You guys work that shit out. Don't text me."
who's your homey 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 me?
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, 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 and -- because he was really talking to Yindra on the phone, first.
MS. CAPPLEMAN: 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: All right. And flushed means he wants the problem resolved.
KATHERINE MAGBANUA: I would assume.
MS. CAPPLEMAN: And you're the one to do it.
KATHERINE MAGBANUA: I guess.
MS. CAPPLEMAN: Is Mr. Garcia familiar with handguns?
KATHERINE MAGBANUA: Is he familiar with handguns?
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Yes, ma'am.
KATHERINE MAGBANUA: I guess so.
MS. CAPPLEMAN: Have you seen the ATM images --
KATHERINE MAGBANUA: Yes, I have.
MS. CAPPLEMAN: -- that are in evidence 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? 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: And 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 --
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: -- 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 --
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: -- of the murder?
Did you tell Yindra Mascaro that Mr. Markel had been in a car accident?
KATHERINE MAGBANUA: I said an accident. I'm not a hundred percent 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? He --
MS. CAPPLEMAN: Uh-huh.
KATHERINE MAGBANUA: I believe he called me.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: Yeah. He called my phone.
MS. CAPPLEMAN: And so is that a coincidence that the one time -- I mean, 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; do you agree with?
KATHERINE MAGBANUA: I don't know if I've spoken to him at any other time. No, 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, would -- 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 found -- that you're saying you found out Dan Markel was killed but the day that law enforcement went up to see Mr. Garcia at Rapid Capital?
KATHERINE MAGBANUA: Did I? 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: Sigfredo purchased that.
MS. CAPPLEMAN: Yeah. But you went with him, didn't you?
KATHERINE MAGBANUA: At that day, yes, I believe so.
MS. CAPPLEMAN: And you both got new phones that day.
MS. CAPPLEMAN: And that was the same day that law enforcement came to your residence and went to Rapid Capital the same day, same time.
KATHERINE MAGBANUA: I think that was the following day.
MS. CAPPLEMAN: The following day is the day he got arrested, right?
KATHERINE MAGBANUA: Oh, yes, yes, yes.
MS. CAPPLEMAN: 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 refused to cooperate against Charlie Adelson?
KATHERINE MAGBANUA: If I refused?
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: No. I've 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, with a P, increased after breast surgery, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Yes? Okay. And if you look on this chart of your cash deposits, the breast surgery occurred in October of 2014, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: So here?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: You seem confused about when exactly your relationship with Mr. Adelson ended. I thought on direct you indicated that it -- that he faded into the background around the time that Mr. Markel was killed. was that your testimony or not?
KATHERINE MAGBANUA: It's -- I mean, I guess I didn't realize it until now, like, the whole him -- as Ms. Kawass was saying, about the ghosting me. I didn't realize that until now, like --
MS. CAPPLEMAN: Uh-huh. But does that --
KATHERINE MAGBANUA: -- that he was.
MS. CAPPLEMAN: -- sound like the right time frame that that occurred?
KATHERINE MAGBANUA: I believe so.
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 --
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: -- is that right?
KATHERINE MAGBANUA: (Nods head.)
MS. CAPPLEMAN: But the media reports were present before his arrests, as well, right?
KATHERINE MAGBANUA: I wasn't aware of any media reports. Before Sigfredo was arrested?
MS. CAPPLEMAN: Yeah.
MS. CAPPLEMAN: Even around the time of this homicide, it was -- there was reports coming that indicated that there might be some connection to South Florida.
KATHERINE MAGBANUA: I wasn't aware of it.
MS. CAPPLEMAN: Okay. And you asked if you knew you were being recorded on the wire. And your answer was no, right?
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 --
KATHERINE MAGBANUA: Changed --
MS. CAPPLEMAN: -- 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: And I understood your testimony to be 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.
MS. CAPPLEMAN: Okay. But you --
KATHERINE MAGBANUA: I still had my, my phone.
MS. CAPPLEMAN: -- stopped using one phone, and then you went up on another phone, right?
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.
KATHERINE MAGBANUA: Uh-huh.
MS. CAPPLEMAN: But there were no more calls after the day that the intervention at Rapid Capital, the interview of Mr. Garcia and the attempted --
MS. CAPPLEMAN: -- 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 the same as always, with the exception of your communication with Mr. Garcia.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: I want to ask you about the call that'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, I believe so, yes.
MS. CAPPLEMAN: And that was a lie, wasn't it?
KATHERINE MAGBANUA: That I left a nasty message?
MS. CAPPLEMAN: Yeah.
KATHERINE MAGBANUA: I believe Sigfredo was the one who left a 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.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And, in fact, Mr. Garcia didn't do it either, did he?
KATHERINE MAGBANUA: To my knowledge, I mean, I don't think so.
MS. CAPPLEMAN: All right. But he told you he did.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: But he is lying to you, yes?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: You're lying to Charlie --
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: -- right?
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?
KATHERINE MAGBANUA: what is the code for what?
MS. CAPPLEMAN: why do you need a code? Code implies that there's --
KATHERINE MAGBANUA: I mean, because he's talking about somebody, you know, that specific number.
MS. CAPPLEMAN: Uh-huh.
KATHERINE MAGBANUA: And then he was talking about, you know, like, trying to find out who is trying to contact his mom and trying to extort money from his mom. So every time that I would speak to him, I would just talk to -- if, like, Yindra is next to me, I'm not going to tell him, like, oh, oh, remember what we were 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 $65.70. 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. Uh-huh.
MS. CAPPLEMAN: And so was this an example of the type of code that you used?
KATHERINE MAGBANUA: I guess.
MS. CAPPLEMAN: And is -- are you telling this jury 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.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: I'm not saying a phone number out loud.
MS. CAPPLEMAN: One moment, please, Your Honor.
JUDGE HANKINSON: You may.
(off-the-record discussion. )
MS. CAPPLEMAN: Nothing further, Your Honor.
JUDGE HANKINSON: Redirect.
(off-the-record discussion. )
MS. KAWASS: May I have a moment, Your Honor, just to set up?
REDIRECT EXAMINATION BY MS. KAWASS:
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. How many times have -- do you remember how many times over the course of the three years have I 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.
MS. KAWASS: And they're recorded, right?
KATHERINE MAGBANUA: Yes. Uh-huh.
MS. CAPPLEMAN: Objection, leading.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: when your case was originally set for trial in June -- you remember that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: Of which year, of...
MS. KAWASS: Of this year.
KATHERINE MAGBANUA: Of this year. Yes.
MS. KAWASS: And then, all of a sudden, we had to move the case. Do you remember that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you remember why that was?
KATHERINE MAGBANUA: Because you were going through your chemo.
MS. KAWASS: This year.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Hold on.
KATHERINE MAGBANUA: Oh, last year. I -- it's been --
MS. KAWASS: I know.
KATHERINE MAGBANUA: -- it's been rescheduled so many times. I don't know.
MS. KAWASS: Let me redirect you.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: 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?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How long have they had that phone?
KATHERINE MAGBANUA: Since I got arrested.
MS. KAWASS: Okay. But we didn't get any of that information until now, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Objection, Your Honor. Improper question.
MS. KAWASS: Your Honor, they opened the door.
JUDGE HANKINSON: I'1Il overrule the objection.
BY MS. KAWASS:
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: Okay. 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 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.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Objection, Your Honor. This js all improper.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: Okay. Now let's go to the Dolce Vita video. Do you remember that phone call that they played with Charlie where they were -- 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?
KATHERINE MAGBANUA: And come after him. Uh-huh.
MS. KAWASS: You remember that, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: 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 the 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 -- or those statements that aren't there, that was leaked to the media, right?
MS. CAPPLEMAN: Objection, leading.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: 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.
KATHERINE MAGBANUA: That they don't believe I was -- yes, ma'am.
MS. KAWASS: Yes.
KATHERINE MAGBANUA: Uh-huh.
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. The -- when was the bump?
KATHERINE MAGBANUA: I believe on April 20th.
MS. KAWASS: April 19th?
KATHERINE MAGBANUA: Oh, nine -- yeah, 19th.
MS. KAWASS: Okay. Do you remember a phone call that occurred on April 14th between you and Charlie?
KATHERINE MAGBANUA: I can't recall right now.
MS. KAWASS: Okay. But it -- would it be fair to say that the wiretap is a fair and accurate recording of you and Charlie on that date?
MS. KAWASS: Your Honor, at this time I would like to play a portion about where they're talking about their work since the State cross-examined her on that.
JUDGE HANKINSON: Does it have an exhibit number?
MS. KAWASS: Your Honor, I'm just offering it for impeachment purposes -- not -- sorry, not impeachment. But for rehabilitation purposes. So it's not going back to the jury. It's just to play a if I were rehabilita --
JUDGE HANKINSON: If it's not in evidence, I'm not allowing it. No.
(off-the-record discussion.)
MS. KAWASS: Your Honor, may I approach the witness?
JUDGE HANKINSON: You may.
MS. KAWASS: Ms. Magbanua, what am I showing you right now?
(Audio plays.)
MR. DECOSTE: Sorry. It's off.
BY MS. KAWASS:
MS. KAWASS: I'm showing you what has been pre-marked as Defense Exhibit No. 26. what does this look like?
KATHERINE MAGBANUA: A CD.
MS. KAWASS: 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: 899519520.
MS. KAWASS: Okay. Do you know where we got this CD from?
MS. KAWASS: Okay. Did we get it from the State's Attorney's office?
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: Your Honor, at this time I would like to move into evidence what's been previously marked as Defense Exhibit 26.
JUDGE HANKINSON: Is there objection?
MS. CAPPLEMAN: Hearsay, Your Honor.
JUDGE HANKINSON: Let's let the jury step out, please.
(Jury exits.)
JUDGE HANKINSON: Everybody be seated. Let me hear the portion you're wanting to play.
MR. DECOSTE: One second, Your Honor. I think it will work from the PA system here.
(Defendant Magbanua's Exhibit No. 26-A is published. This transcription should not be considered a verbatim record due to audio quality.)
KATHERINE MAGBANUA: ... and shit.
AUDIO RECORDING: Right. And you --
KATHERINE MAGBANUA: (Indiscernible.)
AUDIO RECORDING: -- you don't stop, you don't stop working for us.
KATHERINE MAGBANUA: No, I'm not.
AUDIO RECORDING: Yeah.
KATHERINE MAGBANUA: Like, I'm going to still work for you, like I have to.
AUDIO RECORDING: All right. Good.
KATHERINE MAGBANUA: Like it's --
AUDIO RECORDING: I'm fucking worried for a second there. You're doing such a good job --
KATHERINE MAGBANUA: I'm not going.
AUDIO RECORDING: All right. Thank you. All right. Now you can tell -- my heart was --
KATHERINE MAGBANUA: I'm not leaving anywhere.
AUDIO RECORDING: -- my heart was in my mouth. I'm not young. I can't fake it --
KATHERINE MAGBANUA: Oh. I thought that you were going to be, like, oh, since you're employee of the month, you'd be like -- you're -- in a couple months now, like, you're going to --
AUDIO RECORDING: (Inaudible. )
KATHERINE MAGBANUA: -- raise me.
AUDIO RECORDING: well --
KATHERINE MAGBANUA: (Indiscernible.)
(Defendant Magbanua's Exhibit No. 26-A concludes. )
JUDGE HANKINSON: Okay. Is that it?
MS. KAWASS: That's it, Judge. It's just, 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 over a year now. It's not offered for the truth of the matter asserted. It is offered for a prior consistent statement, because the State impeached her credibility when they cross-examined her.
JUDGE HANKINSON: Ms. Cappleman.
MS. CAPPLEMAN: Judge, I don't recall offering any prior inconsistent statements on that point. I thought the witness and I agreed that she and Charlie did joke about her employment at the Adelson Institute.
MS. KAWASS: And 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.
JUDGE HANKINSON: But she said she didn't work there.
MS. KAWASS: No, no. She said she --
JUDGE HANKINSON: Her testimony today has been that she did not work there. She was a personal assistant for him and didn't work at the Adelson Institute. That's been her testimony today.
MS. KAWASS: But they are 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.
(off-the-record discussion.)
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: Is --
(off-the-record discussion.)
MS. KAWASS: 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.
MR. DECOSTE: If Your Honor wants, I can play it.
(Audio is published. This transcription should not be considered a verbatim record due to audio quality.)
AUDIO RECORDING: Uh --
KATHERINE MAGBANUA: Islamorada. It's Islamorada.
AUDIO RECORDING: Islamorada, the perfect island. Carmen, your feet are so sucio. You let me know.
(Audio concludes.)
MR. DECOSTE: Sorry, Your Honor. Wrong spot.
(Pause.)
MR. DECOSTE: We can come back to that one. I can go to the next one.
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.
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. So I would like to offer that, as well, too, just that segment.
JUDGE HANKINSON: Is there objection to that?
MS. CAPPLEMAN: Yes, sir. Hearsay.
JUDGE HANKINSON: I sustain the objection to that one.
MS. KAWASS: To that one.
JUDGE HANKINSON: what is the second one you wanted me to hear?
MS. KAWASS: The second one is the paying for the Lexus.
(off-the-record discussion.)
MR. DECOSTE: Your Honor, would you allow us five minutes?
JUDGE HANKINSON: We're going to need to take a short break anyway.
Did you want to say something, Mr. Zangeneh?
MR. ZANGENEH: Oh, no. I'm just standing up --
JUDGE HANKINSON: we'll take five minutes.
(Brief recess.)
BAILIFF: All rise and come to order. Court is back in session.
JUDGE HANKINSON: Be seated, folks. You want to present one more?
MS. KAWASS: He found it.
JUDGE HANKINSON: This is marked as Defendant's Exhibit what?
MR. DECOSTE: Twenty-six.
JUDGE HANKINSON: Twenty-six was the last one you played.
MR. DECOSTE: So, Your Honor, what I've done now -- if Your Honor will allow me to speak?
JUDGE HANKINSON: You may.
MR. DECOSTE: what I've done is I've merged both of them onto a USB fob drive instead of having them on individual CDs.
JUDGE HANKINSON: Okay.
MS. KAWASS: And then we can...
JUDGE HANKINSON: So, essentially, be 26-A and B. Okay. It's all on one disk, but it's two different conversations.
MR. DECOSTE: Correct.
JUDGE HANKINSON: Right. Okay. Go ahead. You're going to play it?
MR. DECOSTE: This is the second one.
(Defendant Magbanua's Exhibit No. 26-B is published. This transcription should not be considered a verbatim record due to audio quality.)
KATHERINE MAGBANUA: Islamorada. It's Islamorada.
AUDIO RECORDING: Islamorada, the perfect island. Carmen, your feet are --
(Defendant Magbanua's Exhibit No. 26-B concludes.)
MR. DECOSTE: Sorry, Your Honor. we just had it a second ago. Can you queue it up on yours?
(off-the-record discussion; Defendant Magbanua's Exhibit No. 26-B is published. This transcription should not be considered a verbatim record due to audio quality.)
KATHERINE MAGBANUA: You know what's so weird, though? well, obviously, because I had to buy the car from you because I had no car.
AUDIO RECORDING: Right.
KATHERINE MAGBANUA: when I was, like, reapplying, it's, like, so rough, because, obviously, I bought -- I purchased a car from you.
AUDIO RECORDING: Yeah. So, what, 2500 bucks?
KATHERINE MAGBANUA: Yeah. No. But it's, like, weird. It's, like, for security reasons or whatever when I, when I had to...
(Defendant Magbanua's Exhibit No. 26-B concludes. )
MR. DECOSTE: That's the call, Your Honor.
MS. KAWASS: And that's the only portion, Judge, where she said, I had to buy the car --
JUDGE HANKINSON: So you're claiming a prior consistent statement. That means there have been some intervening act that's changed the motivation. So what do you -- are you asserting is an intervening act?
MS. KAWASS: The intervene -- 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: 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 prior inconsistent statement. So what do you contend the intervening event was where the motive has changed?
MS. KAWASS: well, Your Honor, her testimony to -- her arrest. When that was taken, she wasn't under arrest. It was -- 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 the -- I'm going to reverse my ruling as to the first one. I sustain the objection as to both. It's, it's a little bit of a brainteaser, but it gave me a second to think about it. At least the State's theory and their theory on cross-examination was that all these things were secret payments for a murder. That was the motive in April 2016, just as it is now, to hide the fact that these were secret payments for a murder. There's been no intervening event that shows a change 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, for the record, we'd...
JUDGE HANKINSON: Do what?
MS. KAWASS: 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.
(Brief pause.)
MS. KAWASS: Your Honor, we can proceed.
JUDGE HANKINSON: All right. Any other issues we need to resolve before we bring the jury in?
MS. KAWASS: No. So what I -- just so we're okay and everyone's all right, I think at this point I would just do with the one statement that Your Honor is allowing me.
JUDGE HANKINSON: No. I 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. CAPPLEMAN: No, Sir.
MS. KAWASS: No.
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: Make those part of the record as Defense Exhibit 26 as a proffer.
MS. KAWASS: Thank you.
JUDGE HANKINSON: Do you have that available to make part of the record?
MS. KAWASS: We'll be providing a fob, Judge --
JUDGE HANKINSON: A what?
MS. KAWASS: -- with both -- what is it called?
MS. CAPPLEMAN: A thumb drive.
MS. KAWASS: 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: we need in some way put it in some document so the clerk can make it part of the record. She can't make a thumb drive part of the record.
MR. DECOSTE: It won't be a problem.
JUDGE HANKINSON: Okay. All right. You take --
MS. KAWASS: We'll take care of --
COURT CLERK: -- care of that.
MS. KAWASS: -- it, Judge.
JUDGE HANKINSON: All right. Let's have a jury, please.
(Jury enters.)
JUDGE HANKINSON: Everybody be seated, please.
You may finish up, Ms. Kawass.
MS. KAWASS: Thank you, Judge.
REDIRECT EXAMINATION (cont)
BY MS. KAWASS:
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 --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- of what you thought it was.
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: And that's because you are not Charlie Adelson, right?
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. CAPPLEMAN: Judge, I'm going to object to leading.
JUDGE HANKINSON: Overruled.
BY MS. KAWASS:
MS. KAWASS: when's the last time you spoke to Charlie Adelson?
KATHERINE MAGBANUA: 2016.
MS. KAWASS: would it 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?
KATHERINE MAGBANUA: Sigfredo.
MS. KAWASS: No. The person you -- well, he was in jail.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: 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.
MS. CAPPLEMAN: Objection, leading.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: why did you stop talking to Charlie?
KATHERINE MAGBANUA: well, that was every -- 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. Have you ever done anything like that?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. I want to actually go into a little background because -- so we -- you know what we're talking about, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. 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.
MS. KAWASS: And what does that mean?
KATHERINE MAGBANUA: we are confined almost 18 hour -- 18 to 20 hours a day.
MS. KAWASS: why were you placed in that pod?
MS. CAPPLEMAN: Objection --
KATHERINE MAGBANUA: Because of my charge.
MS. CAPPLEMAN: -- relevance.
JUDGE HANKINSON: I'm sorry. She already answered. So...
MS. CAPPLEMAN: She did.
BY MS. KAWASS:
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 is 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. 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: 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: who did -- 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 Amy Manka 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 your breasts.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. 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?
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 jin.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: I called you right away.
MS. KAWASS: Now, the State asked you about whether or not the Adelsons are -- have put money aside for you in payment for your silence. 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?
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Overruled.
KATHERINE MAGBANUA: Severely. It's damaged my whole family.
BY MS. KAWASS:
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, it's -- a 15-minute phone call can be, like, around almost $4.
MS. KAWASS: Okay. And talk to the jury and explain to them what commissary is.
JUDGE HANKINSON: I will sustain the objection at this point.
BY MS. KAWASS:
MS. KAWASS: Okay. There has 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: Okay. 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 won't you just lie and tell them that Charlie was a part of this?
KATHERINE MAGBANUA: I wish I could, because 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, to look at this jury and explain to them. Is your testimony today truthful?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Objection.
JUDGE HANKINSON: Sustained.
MS. CAPPLEMAN: Move to strike.
JUDGE HANKINSON: Jury disregard.
BY MS. KAWASS:
MS. KAWASS: Have you ever told me anything inconsistent to what you testified to today?
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Sustained.
MS. KAWASS: well, actually, a few more things.
(off-the-record discussion. )
BY MS. KAWASS:
MS. KAWASS: Now, Ms. Magbanua, did something happen, while you were incarcerated, to your family?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: what did you miss?
KATHERINE MAGBANUA: My mom --
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Sustained.
MS. KAWASS: will you ever be able to see your mother, again?
MS. CAPPLEMAN: Objection.
JUDGE HANKINSON: MS. Kawass.
MS. KAWASS: Yes, Your Honor?
JUDGE HANKINSON: Let's move on.
MS. KAWASS: Pardon me?
JUDGE HANKINSON: Are you done?
MS. KAWASS: Yes, Your Honor.
JUDGE HANKINSON: All right. Have a seat, please.
There was a question and comment about not all calls being in evidence. I want to make sure our jury doesn't misconstrue that. There are various legal reasons that many of the -- I'm sorry.
You can go ahead and sit down, Ms. Magbanua.
JUDGE HANKINSON: There are various legal reasons why a lot of the calls were not in evidence. You should not assume there is anything sinister or anybody's done anything wrong or why all calls are not in evidence. They're not all legally admissible. And if they're not legally admissible, they don't go into evidence. So I don't want you to misconstrue that statement.
Your next witness.
MR. DECOSTE: Your Honor, if we could have a brief moment.
(off-the-record discussion.)
JUDGE HANKINSON: Oh, I'm sorry. I forgot, again. Raise your hand -- are there questions from the jury?
All right. So just one. All right.
Resume the stand, Ms. Magbanua.
we will go sidebar. I'm getting old. I forget things.
(Sidebar discussion held as follows):
JUDGE HANKINSON: First question: "what were the dates, locations, and companies which were at the promotions?"
Anybody have objection to that?
MR. ZANGENEH: No objection.
MR. DECOSTE: No objection.
COURT CLERK: Did y'all answer?
MS. KAWASS: No objection. I'm sorry.
MS. CAPPLEMAN: No objection.
JUDGE HANKINSON: "Were products sold and customers at these events?"
MR. ZANGENEH: No objection.
MS. KAWASS: No objection.
MS. CAPPLEMAN: No objection.
JUDGE HANKINSON: "what liquor stores did you work for and when?"
MR. ZANGENEH: No objection.
MS. KAWASS: No objection.
MS. CAPPLEMAN: No objection.
JUDGE HANKINSON: "Did you tell the companies at the promotions or nightclubs how much tips you received each day?"
MR. ZANGENEH: No objection.
MS. KAWASS: No objection.
MS. CAPPLEMAN: No objection.
JUDGE HANKINSON: "why did you not include on your 1040s the w-2s for the companies or nightclubs for the employers’ base wages paid to you in addition to your tips?"
MR. ZANGENEH: No objection.
MS. KAWASS: No objection.
MS. CAPPLEMAN: No objection.
JUDGE HANKINSON: "Did you ever get food stamps from the State?"
MR. ZANGENEH: No objection.
MS. KAWASS: No objection.
MS. CAPPLEMAN: No objection.
JUDGE HANKINSON: Okay.
MS. KAWASS: Would you allow me briefly just to have her lay the foundation to enter these two into evidence so Mr. Decoste can use for close?
JUDGE HANKINSON: Do what?
MS. KAWASS: Move these items into evidence so he can use them for close, just ask a few questions to lay the foundation and have them admitted?
JUDGE HANKINSON: This one is in evidence.
MS. KAWASS: No. This iS a complete photograph. I want to show that her credit card was there. And then this is just the demonstrative. So I don't know if you want me to be laying out the cash.
JUDGE HANKINSON: It's a demonstrative, though. She doesn't need to identify it.
Do you have objection to this photo?
JUDGE HANKINSON: This is Defense Exhibit 41. So it will be admitted --
MS. KAWASS: If the State --
JUDGE HANKINSON: -- without objection.
MS. KAWASS: If it's admitted, I don't have to ask her any questions.
MS. CAPPLEMAN: Is this demonstrative or you're --
MR. DECOSTE: Demonstrative.
MS. CAPPLEMAN: It's fine.
JUDGE HANKINSON: It doesn't need to be shown to her if it's just a demonstrative.
MS. KAWASS: Do you want to put it in or no?
JUDGE HANKINSON: what?
MS. KAWASS: Your Honor, I mean, if the State's time line is in, I would move to have this in. It's just based on her cash, if the State doesn't have an objection.
JUDGE HANKINSON: well, this has a lot of dates that she's not testified to. I mean, this has a lot of very exact dates I don't recall having come from her.
MS. KAWASS: This is actually all from the State. The only thing we've added is her employment, which she testified to she'd been receiving cash tips during that time period. So everything else is --
JUDGE HANKINSON: So what are you wanting to do with this?
MS. KAWASS: I would like to admit it, but if there's an objection from the State, I would -- and secondary be allowed to use it as a demonstrative.
MS. CAPPLEMAN: May I hold it, please?
MS. KAWASS: We didn't put an amount or anything like that. It's just...
MS. CAPPLEMAN: No objection.
MS. KAWASS: Thank you.
JUDGE HANKINSON: All right. So it will be used as a demonstrative exhibit, No. 42.
Forty-one is admitted without objection.
MS. KAWASS: And, Ms. Cappleman, you said you had no objection for a demonstrative, or can we move it in?
MS. CAPPLEMAN: I don't have an objection for a demonstrative.
JUDGE HANKINSON: I mean, it's not evidence. All right.
MS. KAWASS: Okay. That's fine. Thank you, Judge.
(Sidebar discussion concludes.)
JUDGE HANKINSON: A couple of follow-up questions from the jury, Ms. Magbanua.
KATHERINE MAGBANUA: Yes, sir.
JUDGE HANKINSON: Can you give us anymore 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.
JUDGE HANKINSON: Can you --
KATHERINE MAGBANUA: And --
JUDGE HANKINSON: I'm Sorry.
KATHERINE MAGBANUA: 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: well, we did one for Chivas. There's one for Jameson. There's one for Absolut. And then I was managing the picture that you guys saw, Stout. 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. The -- since we're, we're promoting these different types of liquor, usually, we'd 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 nightclubs you were working for how much --
KATHERINE MAGBANUA: Bless you.
JUDGE HANKINSON: -- how much you received in tips each day?
JUDGE HANKINSON: Did you report to the businesses?
KATHERINE MAGBANUA: For the promotions, that was back at 2013, 2013 -- I think, like -- yeah, 2013 to 2014. It's different companies, so it was, like, none of the girls really did it, honestly. Like, anything for promotions, we didn't really report it.
JUDGE HANKINSON: You didn't -- so --
KATHERINE MAGBANUA: 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 are doing. we're talking about you.
JUDGE HANKINSON: Did you report to the --
KATHERINE MAGBANUA: No, I did not.
JUDGE HANKINSON: -- businesses doing the promotions or the nightclubs the amount of tips you received?
KATHERINE MAGBANUA: we didn't report it.
JUDGE HANKINSON: 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: Okay. Follow-up, Ms. Kawass?
MS. KAWASS: I have no follow-up, Your Honor.
JUDGE HANKINSON: Any follow-up -- I'm sorry, Garcia. Any fol low-up?
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: MS. Cappleman.
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: All right. You can step down now. sorry.
KATHERINE MAGBANUA: Thank you.
JUDGE HANKINSON: Call your next witness. Do you have another witness?
MS. KAWASS: Oh, the defense rests, Your Honor.
JUDGE HANKINSON: Okay. All right. we have rebuttal?
MS. CAPPLEMAN: Yes, Your Honor. But we would request a short recess prior --
JUDGE HANKINSON: Okay.
MS. CAPPLEMAN: -- to rebuttal.
JUDGE HANKINSON: Okay. we'll take -- how long do you need?
MS. CAPPLEMAN: May I have 15 minutes?
JUDGE HANKINSON: What's that?
MS. CAPPLEMAN: May I have 15 minutes?
JUDGE HANKINSON: Do we give them 15 minutes? All right. we'll give 15 minutes. All right.
(Jury exits.)
BAILIFF: All rise and come to order. Court is back in session.
JUDGE HANKINSON: Let's have a jury, please.
BAILIFF: Judge.
MS. KAWASS: Your Honor, did you want us to do motions for judgment of acquittal now or you want to just bring --
JUDGE HANKINSON: After rebuttal.
MS. KAWASS: Okay. Oh, that's right.
JUDGE HANKINSON: Let's have a jury, please.
(jury enters.)
JUDGE HANKINSON: Everybody be seated, please.
All right. I told you we would have the State's case, the two defense cases, and then opportunity for rebuttal. This is the State's opportunity for rebuttal. You may call your first witness, Ms. Cappleman.
MS. NORRIS: Your Honor, the State recalls Sergeant Christopher Corbitt.