6.Luis Rivera — Direct/Cross
2,459 linesJUDGE WHEELER: Please be seated. All right. we're back on the record.
Ms. Cappleman, was there an issue in regards to the witness who's testifying this afternoon?
MS. CAPPLEMAN: I'm not sure if it relates to this witness, Judge, but we thought we had an understanding with the Defense that we would be able to take a look at the items that they planned to introduce or use with the witnesses throughout the proceedings over the lunch break, but that did not happen. There was a misunderstanding about what they were willing to provide.
So, the State is asking to be able to view anything that the Defense intends to show the witness. In the event that something additional is shown, I would like an opportunity to review it before proceeding with the questioning if it's going to happen midstream.
JUDGE WHEELER: All right. Mr. DeCoste?
MR. DECOSTE: Good afternoon, Your Honor.
JUDGE WHEELER: Good afternoon.
MR. DECOSTE: This morning before we started, I took a stack of the exhibits -- that's all from the government's discovery -- over to their table and went through it one by one. Anything that I intend to be using for Mr. Rivera that I think is -- even remotely there's a chance that he will be presented with has been shown to the government. Again, it's from their discovery.
The greater issue that I keep getting asked by ASA Dugan is, We want everything.
And I keep explaining, saying, The Defense -- we're different than the government, we're reactionary. My quiver is filled with their discovery, and I pull arrows out of that quiver as they do different things.
Now, we have hundreds of thousands of messages. Before you, Your Honor, you can see the cornucopia of statements just from Luis Rivera. We don't know what we're going to use yet. I can assure the Court and I can assure the government that just like this morning, when I know something's definitely going in, they're going to get it and they're going to see it. There are certain things that we just don't know.
But I have gone over it with them. And I'm sure that ASA Cappleman remembers when we were right at the desk right there and I flipped over the pages and I showed everything, and I go, These are the items we're using. And, again, everything is from their discovery.
JUDGE WHEELER: All right. So, let me make sure that we're clear. So, any item that you know at this point for certain that you are going to use you have shown to the State, and it's all from their discovery that they provided to you anyways?
MR. DECOSTE: Yes.
JUDGE WHEELER: Okay. And then you have some items that you don't know whether you're going to use or not at this point?
MR. DECOSTE: That makes it seem like I have it set aside. I don't have things set aside. But if there is a statement that's wildly different, if Luis Rivera -- and he's given different statements. If he says something wildly different, then I may need to pull that arrow and say, Well, wait a second, you know. Here is a text message.
JUDGE WHEELER: All right. Okay. I understand. Ms. Cappleman?
MS. CAPPLEMAN: I think it's really the iCloud messages that we're arguing about. I mean, so far the Defense has pulled out the arrows of multiple iCloud messages that they obviously plan for and intended to use with witnesses, in our estimation taking them out of context and put us in a posture to have to review the context and provide the context in the middle of a witness.
So, my -- I would just like the opportunity to review the iCloud messages that they're going to confront witnesses with beforehand, if possible.
JUDGE WHEELER: Are these iCloud messages that you already have?
MS. CAPPLEMAN: They're iCloud messages from --
JUDGE WHEELER: Provided by the State?
MS. CAPPLEMAN: Yeah, tens of thousands of pages.
JUDGE WHEELER: All right. well, if they're used during the cross-examination, he's going to show them to you just like at any other time. And then if you need some time or a break in between cross and redirect, then I'll] allow you a little bit of time to do that if you need to do any other research in order to ask any questions between that time. Okay?
MS. CAPPLEMAN: That sounds reasonable, Judge. Thank you.
JUDGE WHEELER: ATI right.
MR. DECOSTE: For the Court's assurance as well, too, there's no messages for this witness. The ones that we do have -- the interesting thing on this -- it's sort of like the moon landing. Like, I have no idea how I was able to get the screenshots three years ago when we went to trial; so I just didn't redo it.
The printouts that -- and I'm referencing like it's there. The ones that we've already used, those are printouts of things that were created for the last trial that were given to them before the last trial in 2019. It hasn't changed. It's literally the -- I just reprinted out new copies because, admittedly, I don't know how to recreate the screenshot. So, it's the same exact ones. But I will -- the second I know, even if it's me wheeling across, I'll give it to them.
JUDGE WHEELER: Okay. We've resolved the issue at this point. And so if that issue comes up and you need some more time on redirect or to figure anything out or to -- I'll give you that time -- short period of time in order to do that.
MS. KAWASS: And, Your Honor, if I may have access to the record and make a motion at this time prior to this witness taking the stand. It's particular to the testimony that's going to be provided by Mr. Luis Rivera. Your Honor is aware of the case law as it relates to the co-conspirator exception to the hearsay rule. This is how the State is intending to elicit statements from Luis Rivera that he says that Sigfredo Garcia said that Katie said.
Now, the case law is absolutely clear that the Court, prior to allowing those statements into the trial, has to make an independent analysis to see if the State has presented sufficient evidence independent of those statements to establish a conspiracy. They have charged Ms. Magbanua in the indictment of conspiring with Charles Adelson. They have presented no evidence at this time whatsoever, not a scintilla of evidence to support a conspiracy charge.
So, at this time they haven't laid the proper predicate in order to allow Mr. Rivera to introduce these statements because now they haven't established the proper elements of a conspiracy to then allow the co-conspirator statement to apply to the statements made to him by Sigfredo Garcia.
JUDGE WHEELER: All right. Number one, did I make a ruling on this pretrial, or is this something different?
MS. KAWASS: I can't make that ruling until right before he -- I can't make that motion, Judge, until right before he testifies because I have to see what evidence they presented to you.
JUDGE WHEELER: Well, how can I make a ruling before I even hear what he says? I don't even know what his testimony's going to be.
MS. KAWASS: I understand, Judge. But he doesn't have -- and he'll tell you right now that he has no testimony about the conspiracy. So, independent of Mr. Rivera's testimony -- independent of his testimony, there is zero evidence of a conspiracy that has been presented by the State of an agreement between Ms. Magbanua and Mr. Adelson to have this crime committed.
That's the only way -- they have to establish that by independent evidence before allowing Mr. Rivera to be able to testify to Mr. Garcia's statement. So, that's the only way it's coming in, Mr. Garcia's statement, is a co-conspirator's statement.
So, the case law is clear that they have to establish independent evidence. They haven't presented anything other than phone records that don't -- they can't say that any of that establishes an agreement, and so that just -- at this time, Judge, we have to make the motion so that the record is clear that we are now objecting because there's insufficient evidence to establish a conspiracy to allow him to testify to the statements made by Mr. Rivera about what Sigfredo Garcia told him.
I will let the Court know you are allowed to make a ruling in terms of subject to linkup, but at this time per the rule, so that I don't make any waiver of the argument before that witness testified, I just wanted to make the argument to Your Honor.
JUDGE WHEELER: All right. Ms. Cappleman?
MS. CAPPLEMAN: Judge, my suggestion would be to take the entire testimony of Mr. Rivera and hold that objection in abeyance until you hear all the evidence that he has to provide. I think it will be okay because there is direct evidence where he hears Ms. Magbanua's voice agreeing to make the payment, and then she does, in fact, show up to make the payment.
But, chronologically, there will be the admission of some co-conspirator -- we'll be seeking to admit some co-conspirator statements prior to that portion where he actually hears her voice, so --
JUDGE WHEELER: All right. So, he's going to make some of those statements. He's going to provide some of that testimony before it's actually linked up. But you're saying you're going to link it up down the road with his own testimony?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: Okay. All right. So, if you want to make the objection at -- your objection is noted.
MS. KAWASS: Thank you, Judge.
JUDGE WHEELER: I'm going to allow the State to go ahead and present that testimony. And then if I need to make any determination that it's not linked up, then we can address it at that time.
MS. KAWASS: That's perfect, Judge. Thank you.
MR. DECOSTE: Your Honor, just a final request. So, I spoke to the government. They expect their direct to last about an hour. I would need, if the Court would allow, about five minutes to set up both computers, move the table, move the podium, plug things in.
JUDGE WHEELER: we'll do that. That's when we'll take our break.
MR. DECOSTE: And I can do it real fast. We've got it all set up and ready to go. Thank you.
JUDGE WHEELER: If it takes about an hour, that will be about 3:15. we'll take about a 10-minute break, and then we'll come back in after that.
MR. DECOSTE: I expect my cross to go well into tomorrow morning. I'm thinking that it could --
JUDGE WHEELER: Even if it starts at 3:20?
MR. DECOSTE: Depending on what time we go until, I think that it could go around the three-hour mark. I don't want it to go that long. I'm going based on page numbers, and 30 pages on this one.
JUDGE WHEELER: ATl right. Well, I want you --
MR. DECOSTE: Ms. Adelson was fast.
JUDGE WHEELER: Okay. I'11l go until, you know, sometime in between 5:00 and 5:30. I don't want to go any later than that. I think you need to make your best effort to get it done today. Okay?
MR. DECOSTE: Okay, I'll try. But if not, I'll be cognizant of the time and let the Court know of a stopping point.
JUDGE WHEELER: If it gets after 5:00 and then you think it's going to go another hour from that, then you can certainly make me aware of that.
MR. DECOSTE: will do, your Honor. tI'11 do my best to streamline.
JUDGE WHEELER: JI appreciate that. Okay.
Anything else before we bring the jury in?
MS. CAPPLEMAN: Nothing from the State.
JUDGE WHEELER: From the Defense?
MR. DECOSTE: No, Your Honor. And thank you for hearing us out.
JUDGE WHEELER: All right. Thank you. Let's bring the jury in, please.
(Jury in courtroom.)
JUDGE WHEELER: All right. Please be seated. Thank you, everyone, for your timeliness.
we're ready to proceed with the testimony at this point. And, Ms. Cappleman, the State may call its next witness.
MS. CAPPLEMAN: The State calls Luis Rivera.
JUDGE WHEELER: Luis Rivera, please.
MS. CAPPLEMAN: L-U-I-S, R-I-V-E-R-A.
JUDGE WHEELER: Mr. Rivera, if you could step up to the witness stand, please. Before you have a seat, we're going to swear you in. Okay? Please raise your right hand and face the clerk.
whereupon, LUIS RIVERA was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE WHEELER: Thank you. Please have a seat.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what is your name, sir?
LUIS RIVERA: Luis Rivera.
MS. CAPPLEMAN: Do you go by any other names?
LUIS RIVERA: Tato.
MS. CAPPLEMAN: Is that T-A-T-O --
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: -- Tato? where are you from?
LUIS RIVERA: Miami .
MS. CAPPLEMAN: Have you ever been convicted of a felony?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: How many?
LUIS RIVERA: Ten.
MS. CAPPLEMAN: Are you currently incarcerated?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: In federal prison?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And are you currently serving a sentence associated with the murder case that we're here about today?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you're also serving a federal sentence for a RICO case unrelated to the murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what was your plea in reference to this murder case?
LUIS RIVERA: 19 years.
MS. CAPPLEMAN: 19 years. And what did you have to do in exchange for the 19 years?
LUIS RIVERA: Cooperate.
MS. CAPPLEMAN: "Cooperate." What does that mean to you?
LUIS RIVERA: Say nothing but the truth.
JUDGE WHEELER: Hold on one second.
MR. DECOSTE: Could the witness perhaps sit forward so we can hear him and also see him at defense counsel table?
JUDGE WHEELER: You might need to adjust this chair a little bit. All right. Thank you.
You may proceed.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. "Cooperate," what does it mean to you?
LUIS RIVERA: Tell.
MS. CAPPLEMAN: Tell what you did?
LUIS RIVERA: Yeah. Snitch, I guess.
MS. CAPPLEMAN: Snitch? Okay. And has anybody told you what to say?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Have I told you what to say?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Am I giving you some kind of code, signals of what to say?
LUIS RIVERA: Not at all, ma'am.
MS. CAPPLEMAN: Has anybody ever done that for you?
LUIS RIVERA: Nope.
MS. CAPPLEMAN: Your lawyer?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Law enforcement?
LUIS RIVERA: Nope.
MS. CAPPLEMAN: All right. Your understanding of your deal was it was contingent upon you telling what happened in association with your role in this murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So, you've got that going, that sentence, you've got the federal prison sentence going, and you also have pending a VOP case out of Miami; is that right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And that's an up-to-15-year penalty on that case, right?
LUIS RIVERA: Yes, ma'am.
JUDGE WHEELER: Hold on a second. Objection?
MR. DECOSTE: Objection, Your Honor. Just for the use of the initials "vop" -- we would ask that it be explained what it is.
JUDGE WHEELER: Okay. Overruled.
MS. CAPPLEMAN: It can be handled on cross, Judge. ~=BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And so that case -- have you been promised anything in reference to that case?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: So, that's just still out there?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Have you been promised any reduction or special treatment on your federal case in exchange for your cooperation in this murder?
LUIS RIVERA: No, ma'am. Nope.
MS. CAPPLEMAN: Okay. And you've written some letters asking for reductions in sentence and that kind of thing. Have you been promised anything other than the 19 years in exchange for your cooperation?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: were you already serving the federal sentence when the cops first came to you to ask you about this case?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is the facility that you're currently serving your sentence in -- that's federal, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And at some point you'll leave the federal facility and go to a state facility to serve the remainder of your sentence?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what are the conditions like in the federal facility that you're at right now?
LUIS RIVERA: Like, what kind of conditions, you talking about?
MS. CAPPLEMAN: I mean, is it like a resort? Is it a nice place to live?
LUIS RIVERA: Not at all. It's prison.
MS. CAPPLEMAN: why not?
LUIS RIVERA: It's the same thing as regular prison. There's nothing sweet about feds or state. They're all the same.
MS. CAPPLEMAN: "All the same" meaning not great?
LUIS RIVERA: Not great at all.
MS. CAPPLEMAN: Okay. This murder occurred back in July of 2014. I just want to sort of lay out the timeline a little bit with you. Do you know when you were arrested in the federal case?
LUIS RIVERA: 2015.
MS. CAPPLEMAN: All right. Does May of '15 sound right?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And when were you sentenced on the federal case, if you know?
LUIS RIVERA: Twelve and a half years.
MS. CAPPLEMAN: I know. But on what date did you enter the plea?
LUIS RIVERA: I don't remember.
MS. CAPPLEMAN: Can't remember that? Okay. But you were definitely serving that sentence when law enforcement came to you to talk to you?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: would you agree that it took about two years for them to make this case against you?
LUIS RIVERA: Oh, yes, ma'am.
MS. CAPPLEMAN: All right. And was Mr. Garcia arrested around the same time that you were for the murder case that we're here about today?
LUIS RIVERA: I think he got arrested before me.
MS. CAPPLEMAN: was it, like, years before you or, like --
LUIS RIVERA: Months.
MS. CAPPLEMAN: -- days? Months?
LUIS RIVERA: Probably like a month or two, something like that.
MS. CAPPLEMAN: Okay. As part of your cooperation in this case, did you give a proffer? That's where you talked to law enforcement.
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right. And did you tell law enforcement everything that you knew about the case?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And you've also been subject to some depositions on the case where you talked --
LUIS RIVERA: Excuse me?
MS. CAPPLEMAN: Depositions are where you talk and answer the questions of the lawyers that represent Mr. Garcia and Ms. Magbanua. Have you done --
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: -- that as well?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And I know a lot of time has passed between the time that you gave those statements and today. Has your memory gotten better or worse or about the same from back then to now?
LUIS RIVERA: It's been, like, eight years. Certain things I might remember. Certain things I'm not going to remember.
MS. CAPPLEMAN: Okay. And if you'll just let us know -- it's okay if you don't remember something. Just be sure to be clear about which things you don't remember. Okay?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. Before you were taken into custody on the federal case, did you have employment -- like legitimate employment?
LUIS RIVERA: Yes, ma'am, I did.
MS. CAPPLEMAN: what was that employment?
LUIS RIVERA: I worked construction in a masonry company --
MS. CAPPLEMAN: Was it always --
LUIS RIVERA: -- for 15 years.
MS. CAPPLEMAN: -- for the same masonry company, or did you bounce around?
LUIS RIVERA: I worked there for 15 years straight.
MS. CAPPLEMAN: what was the name of the company?
LUIS RIVERA: Coastal Masonry.
MS. CAPPLEMAN: And what were your duties there?
LUIS RIVERA: I was a labor foreman. I rana little crew. I was like a boss, ran the crew and operated machines, made mud and scaffolding and stuff like that.
MS. CAPPLEMAN: All right. So, you were participating in construction? Building?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Bricklaying?
LUIS RIVERA: Yes, laying blocks.
MS. CAPPLEMAN: I want to ask you about your membership in the gang the Latin Kings. Are you a member or were you a member of the Latin Kings?
LUIS RIVERA: I was.
MS. CAPPLEMAN: And you're not now?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: why is that?
LUIS RIVERA: Because of the cooperation I'm doing today, right now, this moment.
MS. CAPPLEMAN: It's a violation of the agreement of basically the code of the Latin Kings to give testimony, to help the State at all; is that right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And has anything about your cooperation in this case altered your position in prison amongst the other inmates?
LUIS RIVERA: Yes. I go through a lot.
MS. CAPPLEMAN: what is the situation in prison based on the fact that you're cooperating in this case?
LUIS RIVERA: People trying to hurt me.
MS. CAPPLEMAN: Have people tried to kill you?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: This murder that we're here in court about today, did it have anything to do with your membership in the Latin Kings?
LUIS RIVERA: No, ma'am, not at all.
MS. CAPPLEMAN: All right. But the Latin Kings don't care about that?
LUIS RIVERA: They don't care about that.
MS. CAPPLEMAN: If you snitch, you're in trouble with them?
LUIS RIVERA: The rule is the rule.
MS. CAPPLEMAN: were you hired to participate in the murder of Dan Markel?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Were you paid to participate in the murder of Dan Markel?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: who hired you?
LUIS RIVERA: Sigfredo.
MS. CAPPLEMAN: And who hired Sigfredo?
LUIS RIVERA: His wife, Katie.
MS. CAPPLEMAN: who paid you to participate in the murder of Dan Markel?
LUIS RIVERA: Sigfredo.
MS. CAPPLEMAN: All right. And who gave him the money?
LUIS RIVERA: His wife, Katie.
MS. CAPPLEMAN: Did you ever even know Dan Markel?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: Never seen him in your life?
LUIS RIVERA: Never, ever.
MS. CAPPLEMAN: Had you ever come to Tallahassee before you came here for this case?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: You have anything against Dan Markel?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: So, your motive in this murder was completely financial?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: who was the first person who ever asked you to be involved in this murder?
LUIS RIVERA: Sigfredo.
MS. CAPPLEMAN: Sigfredo Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: who set up this -- this arrangement, this conspiracy to murder?
LUIS RIVERA: My understanding that I know was Katie was involved. She was the mastermind. She was the middle of it. She told him to come do -- do a job, and he came and told me.
MS. CAPPLEMAN: Did you have any understanding of why we were coming to Tallahassee to kill this guy?
LUIS RIVERA: Not at that moment.
MS. CAPPLEMAN: Okay. But you knew it was a murder for hire?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you knew someone above Katie was -- the money was coming from somewhere above Katie?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How did you know Sigfredo Garcia?
LUIS RIVERA: Childhood friends. we grew up together.
MS. CAPPLEMAN: All right. what about Katherine Magbanua?
LUIS RIVERA: I met her through him.
MS. CAPPLEMAN: You met her through him?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what was their relationship?
LUIS RIVERA: They were husband and wife. They had kids together.
MS. CAPPLEMAN: All right. And how long had Sigfredo Garcia been with Katherine Magbanua?
LUIS RIVERA: Like, ten years probably, something like that.
MS. CAPPLEMAN: So, a long time?
LUIS RIVERA: A long time.
MS. CAPPLEMAN: And he was your best friend?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you referred to him as your brother?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did you-all hang out on a regular basis?
LUIS RIVERA: Every day.
MS. CAPPLEMAN: Including often Katherine Magbanua when they were together?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So, you've been around her many, many times in your life?
LUIS RIVERA: Yeah. He worked for me.
MS. CAPPLEMAN: And did you -- he worked with you at Coastal Masonry?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And did you and your child's mother, Jessica, hang out with Sigfredo Garcia and Katherine Magbanua as couples?
LUIS RIVERA: I mean, once in a while. Not like that but once in a while.
MS. CAPPLEMAN: And were Jessica and Katherine Magbanua friendly?
LUIS RIVERA: They was all right. They were friends.
MS. CAPPLEMAN: Okay. At least at one time, they were friendly?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: who was paid -- to your knowledge, who all was paid to participate in this murder?
LUIS RIVERA: we was all paid. was me, Sigfredo, Katie got paid.
MS. CAPPLEMAN: who is the dentist?
LUIS RIVERA: I don't know him. I call him the dentist, but his name is Charlie, I guess. But --
MS. CAPPLEMAN: But at the time of this murder, you just knew there was a dentist?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And who was the -- who did you think the dentist ~was?
LUIS RIVERA: was her boyfriend -- Katie's boyfriend.
MS. CAPPLEMAN: And did you ever know Sigfredo Garcia to be in contact with the dentist?
LUIS RIVERA: Not that I know of.
MS. CAPPLEMAN: Did he have phone calls with the dentist?
LUIS RIVERA: No.
MS. CAPPLEMAN: Text messages with the dentist, to your knowledge?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: You ever see him talking with the dentist?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: All right. And you didn't know the dentist?
LUIS RIVERA: No, ma'am, not at all.
MS. CAPPLEMAN: Never personally met him?
LUIS RIVERA: Never.
MS. CAPPLEMAN: How did you know that the dentist was dating Katherine Magbanua?
LUIS RIVERA: Because Sigfredo told me one day, and I seen -- I seen them with Sigfredo. well, not really seen them like that. But we pulled up in a restaurant where they were eating, and he told me about the relationship that they had together.
MS. CAPPLEMAN: To your knowledge, did Charlie Adelson have any affiliation with the Latin Kings?
LUIS RIVERA: No.
MS. CAPPLEMAN: Did he have any friends or contacts in the Latin Kings that you knew of?
LUIS RIVERA: Not that I know of, but no.
MS. CAPPLEMAN: And you were the boss of the Latin Kings in that area, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So, Sigfredo Garcia knew who the dentist was?
LUIS RIVERA: I mean, he knew that they were dating, but --
MS. CAPPLEMAN: Okay. He knew that his -- we're saying wife, but were they legally married? Do you know?
LUIS RIVERA: who was married?
MS. CAPPLEMAN: Garcia and Magbanua.
LUIS RIVERA: Oh, I don't know if they were legally married, but he always called her his wife. Just like I call Jessica my wife, but we're not married, you know.
MS. CAPPLEMAN: All right. So, I'll refer to her as his wife. Did Sigfredo Garcia know that his wife was seeing a dentist?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did he know the name of the dentist, to your knowledge?
LUIS RIVERA: No. To my knowledge, no, I don't.
MS. CAPPLEMAN: All right. So, did Sigfredo Garcia -- when you were enlisted to come to Tallahassee to commit this murder, did he indicate to you that the dentist was behind this or that the dentist's family was behind this? Anything to that effect?
LUIS RIVERA: No.
MS. CAPPLEMAN: what about something to do with a lady and her kids? Tell us about that.
LUIS RIVERA: Yes. All I knew, that she was giving us the money. I call her the lady because I never knew her name.
MS. CAPPLEMAN: But that lady turned out to be wendi Adelson, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And your understanding of this murder was that ultimately what?
LUIS RIVERA: That she was going to pay.
MS. CAPPLEMAN: That the money was coming from her or --
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And that this murder was to help her in some way?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Help her how?
LUIS RIVERA: To get her kids back.
MS. CAPPLEMAN: And did you ever know Garcia to have any contact with wendi Adelson?
LUIS RIVERA: No, not to my knowledge.
MS. CAPPLEMAN: So, all the contact with any Adelson or dentist person happened through Katherine Magbanua?
LUIS RIVERA: Yes, ma'am.
MR. DECOSTE: Objection. Leading.
JUDGE WHEELER: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did Sigfredo Garcia have a beef with the dentist?
LUIS RIVERA: I mean, he didn't like him. They was together.
MS. CAPPLEMAN: He didn't like him because he was dating his wife?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: How much were you paid for your part in this murder?
LUIS RIVERA: They gave me 37,000.
MS. CAPPLEMAN: Do you see anyone in this courtroom that came to bring you the money?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: who came to bring you the money?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: All right. Please point that person out and describe what they're wearing.
LUIS RIVERA: She's right there in the middle between her two lawyers. She's wearing a tuxedo with a white undershirt.
MS. CAPPLEMAN: Let the record reflect the witness has identified the Defendant.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So, Garcia is a lifelong friend of yours. Did you refer to each other as brothers?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: The rental contract for the Prius, you've seen that before, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: That has a number listed at the top with the name Brother. Is that Sigfredo Garcia's number?
LUIS RIVERA: In the Prius?
MS. CAPPLEMAN: Do you know what I'm talking about? The rental contract has a number written at the top that says Brother?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Let me show it to you.
All right. Mr. Rivera, have you seen this document before?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is this a rental car agreement?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: For the Prius?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: who rented the Prius?
LUIS RIVERA: I did.
MS. CAPPLEMAN: what was the Prius -- what was the purpose of renting the Prius?
LUIS RIVERA: To come to Tallahassee.
MS. CAPPLEMAN: And there's a phone number written up there. This is your information here. Is this your phone number ending in 8153?
LUIS RIVERA: Yeah, it's my number, but it's been years.
MS. CAPPLEMAN: Okay. Do you have any reason to dispute that that's your phone number?
LUIS RIVERA: Not really.
MS. CAPPLEMAN: Okay. What about this number up here: Brother? who would "Brother" refer to?
LUIS RIVERA: Brother would be Garcia.
MS. CAPPLEMAN: Was Garcia somebody that traveled with you to Tallahassee?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: In this Prius?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And this phone number -- are you able to recognize the number?
LUIS RIVERA: That been years.
MS. CAPPLEMAN: Been too long?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Do you have any reason to dispute that that was Sigfredo Garcia's number?
LUIS RIVERA: No, that's his number.
MS. CAPPLEMAN: Did Garcia go by any nicknames?
LUIS RIVERA: Tuto.
MS. CAPPLEMAN: So, T-A-T-O and T-U-T-0?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: You're Tato and he's Tuto?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you mentioned that Sigfredo Garcia worked with you at Coastal Masonry. was he working at Coastal Mansonry at the time that you-all came up here to Tallahassee?
LUIS RIVERA: I don't remember.
MS. CAPPLEMAN: was Sigfredo Garcia fired at some point from Coastal Masonry?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: But you don't remember whether -- how that fell into the timeline of this case?
LUIS RIVERA: Yeah, I can't remember.
MS. CAPPLEMAN: Okay. why was he fired from Coastal Masonry?
LUIS RIVERA: Oh, he was drunk.
MS. CAPPLEMAN: Drunk at work?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right. And is that -- is --
LUIS RIVERA: I told him that --
MS. CAPPLEMAN: -- alcohol a problem for him?
LUIS RIVERA: Uh-huh Caffirmative response). Yes, ma‘am.
MS. CAPPLEMAN: Did you ever get fired for being drunk at work?
LUIS RIVERA: Me? No.
MS. CAPPLEMAN: So, you mentioned Garcia was the first person to ever say anything to you about coming to Tallahassee. Do you remember when that was?
LUIS RIVERA: well, he said, we're going to take a ride to Tallahassee. Do I remember the date?
MS. CAPPLEMAN: Yeah.
LUIS RIVERA: No.
MS. CAPPLEMAN: How long -- you came to Tallahassee two times, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And are those the only two times you've ever been to Tallahassee other than for court?
LUIS RIVERA: Just twice.
MS. CAPPLEMAN: Okay. And before you came to Tallahassee the first time, how long before that did Garcia approach you about, we're going to do this trip?
LUIS RIVERA: Maybe a couple of months.
MS. CAPPLEMAN: All right. And as a result of him coming to you, did you get a gun?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. Did you get a gun knowing you were going to do a murder with it?
LUIS RIVERA: At that moment, no. I thought we was going to doa robbery until we came up here.
MS. CAPPLEMAN: So, initially what was said to you by Garcia --
LUIS RIVERA: well, we took --
MS. CAPPLEMAN: -- about what you were going to do up here?
LUIS RIVERA: I was coming up here to do a robbery. And when we got, like, halfway, that's when I found out about what was going to happen.
MS. CAPPLEMAN: All right. So, you knew you were coming to Tallahassee to do a job?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And as a result of that, you purchased a firearm?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: was that a legally purchased firearm?
LUIS RIVERA: No. It's a dir--
MS. CAPPLEMAN: Not legally purchased?
LUIS RIVERA: It was -- it was dirty.
MS. CAPPLEMAN: what does that mean?
LUIS RIVERA: Like --
MS. CAPPLEMAN: where did you get it from?
LUIS RIVERA: You can buy a gun at the corner on the streets.
MS. CAPPLEMAN: So, you got a gun on the corner. And is that the gun that ends up being the murder weapon in this case?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did you have other guns before you bought that gun?
LUIS RIVERA: we had two guns.
MS. CAPPLEMAN: was one of them yours?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: All right. And what about Garcia? Did he have a gun as well?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. But you didn't want to use either one of those guns; is that right?
LUIS RIVERA: Yeah. I mean, I bought the -- we bought that one gun, the .38, to come up here with, but we had guns.
MS. CAPPLEMAN: You had guns but you bought a gun specifically for this purpose?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right. That's what I was trying to get at. what kind of gun was it?
LUIS RIVERA: A .38.
MS. CAPPLEMAN: Is that a revolver?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did you know initially, like, when you bought that gun, for example, that you were -- how much you were going to be paid for this job in Tallahassee?
LUIS RIVERA: when I was coming this way, yes.
MS. CAPPLEMAN: when did you find out it was going to be 35 or 37 thousand dollars?
LUIS RIVERA: Halfway this way, he said -- well, he said he was going to give me 35, and then he gave me extra. That's why I said 37.
MS. CAPPLEMAN: Yeah. So, initially the deal was you were going to make 35, right?
LUIS RIVERA: 35.
MS. CAPPLEMAN: Okay. But you ended up getting an extra 2,000?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So, when did you find out it was going to be 35,000? On the way up?
LUIS RIVERA: On the way up.
MS. CAPPLEMAN: Tell us what Garcia told you on the way up.
LUIS RIVERA: Taking the ride up, we was -- we were going to do a robbery. But coming this -- halfway this way, he explained to me there was going to be a murder for the -- to get two kids back to the lady.
MS. CAPPLEMAN: And did you agree to do the murder -- to participate in the murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And were you willing to be the shooter in the murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: were you the shooter in the murder?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: And is that just -- it just worked out that way, or was that something you-all decided?
LUIS RIVERA: It just worked out that way.
MS. CAPPLEMAN: How did you-all know where to go and when to do it and who to kill?
LUIS RIVERA: He knew his way up here.
MS. CAPPLEMAN: who provided the information to you-all as to who to kill?
LUIS RIVERA: To come up here?
MS. CAPPLEMAN: Yeah.
LUIS RIVERA: Katie told him -- Katie told Sigfredo the address. And we got up here -- he had a piece of paper; so we came up here straight.
MS. CAPPLEMAN: So, he had a piece of paper. was that in the Prius?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And did he have the piece -- I know you made two trips. The Prius was the one with the murder, right, and then there was a trip before that?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Let's talk for a second about the trip before that. Did you have the murder weapon both times?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you have the paper both times?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And what was on the paper?
LUIS RIVERA: A picture of the dude.
MS. CAPPLEMAN: Dan Markel?
LUIS RIVERA: Yes. A picture of him and an address.
MS. CAPPLEMAN: All right. And was the address on Trescott Drive?
LUIS RIVERA: (Nodding head affirmatively.)
MS. CAPPLEMAN: was the address the place that you ultimately ended up killing him?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. Did you ever witness Sigfredo Garcia have a conversation with anyone about this murder or this case other than you and Katherine Magbanua?
LUIS RIVERA: No, just us two. That's it.
MS. CAPPLEMAN: Does Katherine Magbanua go by any nicknames?
LUIS RIVERA: we just call her Katie.
MS. CAPPLEMAN: Was it normal, before this murder case occurred, for you to talk to Katherine Magbanua on the phone?
LUIS RIVERA: what you mean?
MS. CAPPLEMAN: Did you-all call each other?
LUIS RIVERA: No.
MS. CAPPLEMAN: So, you would only see her or have plans with her through Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: I'm going to show you State's Exhibits 44 and 45.
How tall are you, Mr. Rivera?
LUIS RIVERA: 5'4",
MS. CAPPLEMAN: what about Sigfredo Garcia? How tall is he?
LUIS RIVERA: Like 6'1".
MS. CAPPLEMAN: So, he's considerably taller than you are?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: who -- I mentioned her a little bit, but who is Jessica Rodriguez?
LUIS RIVERA: The mother of my child.
MS. CAPPLEMAN: And that's the woman you previously referred to as your wife?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: were you living with Jessica Rodriguez at the time of this murder that we're here about today?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what address were you living with her at?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: If I say it, would you be able to say yes or no?
LUIS RIVERA: I know it's on 15th. Go ahead.
MS. CAPPLEMAN: 1515 Northeast 135th, Number 14, North Miami.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is that where you were physically laying your head at night during this -- the time that this murder occurred?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Because there's a Normandy address on the rental contract. What address is that?
LUIS RIVERA: That was on my ID, my license.
MS. CAPPLEMAN: Is that a place you had lived as well?
LUIS RIVERA: No. My mother-in-law -- my ex-mother-in-law lived there. I used her address a lot.
MS. CAPPLEMAN: And when you say your ex-mother-in-law, that's the mother of -- another mother of another child that you have, right, not Jessica?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did you receive mail at the Normandy address?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what was Sigfredo Garcia and Katherine Magbanua's relationship like?
LUIS RIVERA: They had an on-and-off relationship, you know, like regular couples. They argue, had good and bad --
MS. CAPPLEMAN: They fight --
LUIS RIVERA: -- but they wasn't --
MS. CAPPLEMAN: -- they break up, they get back together?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: who is -- was there one of them that was -- wore the pants, that was in charge?
LUIS RIVERA: She wore the pants.
MS. CAPPLEMAN: I want to ask you about the first trip to Tallahassee, and the phone records show that occurred June 4th, 2014. Do you have any reason to dispute that date?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: And who came to Tallahassee on that trip?
LUIS RIVERA: Me and Garcia.
MS. CAPPLEMAN: All right. Did you actually take off work at Coastal Masonry to come to Tallahassee?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what vehicle did you-all travel to Tallahassee in that first time?
LUIS RIVERA: I think it was a Hyundai or a Nissan or something like that.
MS. CAPPLEMAN: who owned that car?
LUIS RIVERA: He brought -- he came -- he came -- picked me up in that car.
MS. CAPPLEMAN: Okay. Do you know --
LUIS RIVERA: It was a ren-- I think it was a rental.
MS. CAPPLEMAN: Okay. So, it wasn't a car you had seen before?
LUIS RIVERA: No.
MS. CAPPLEMAN: So, he shows up in the car. And "he" is Sigfredo Garcia?
LUIS RIVERA: Excuse me?
MS. CAPPLEMAN: Sigfredo Garcia when you say "he" showed up in the car?
LUIS RIVERA: Oh, yes, ma'am. Yes, ma'am.
MS. CAPPLEMAN: And when he showed up, where did he show up?
LUIS RIVERA: I was in my friend's house.
MS. CAPPLEMAN: So, he comes and gets you from the friend's house?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did you already have the gun at this time?
LUIS RIVERA: No.
MS. CAPPLEMAN: What happened -- how did you-all go get the gun?
LUIS RIVERA: After that I went to my house. Then he asked me -- he said, we need a gun.
I said, don't worry about it. I'll get it. TI end up buying -- I ended up buying a gun in the -- around the neighborhood. That's about it.
MS. CAPPLEMAN: And did you-all ride to Tallahassee that day?
LUIS RIVERA: No. Shit, I don't remember.
MS. CAPPLEMAN: All right. But it was after he rented the car?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And the car that he rented -- did you take him to get the rental car?
LUIS RIVERA: No.
MS. CAPPLEMAN: Do you know who took him to get the rental car?
LUIS RIVERA: No.
MS. CAPPLEMAN: You mentioned you learned along the way that you were coming to do a murder, not a robbery. was that on the first trip?
LUIS RIVERA: First trip.
MS. CAPPLEMAN: So, you learn along the way you're going to do a murder?
LUIS RIVERA: (Nodding head affirmatively.)
MS. CAPPLEMAN: was the purpose of the first trip to scope out the place, to do the murder, or something else?
LUIS RIVERA: To scope the place out.
MS. CAPPLEMAN: And what did you do to scope the place out?
LUIS RIVERA: we sit -- we sit near his house by a park for a =little bit.
MS. CAPPLEMAN: And whose house?
LUIS RIVERA: Markez (sic).
MS. CAPPLEMAN: Markel's?
LUIS RIVERA: Markel's.
MS. CAPPLEMAN: Okay. And what did you-all do? Drive around the house?
LUIS RIVERA: I drove around the house first. We drove around it, went around the block, like, twice, and then we sit by a park for a little bit, watched out, and then -- and then rented a hotel. And then the next morning did the same thing, and then following him to see where he was going to.
MS. CAPPLEMAN: were -- if there had been an opportunity to kill Dan Markel on that first trip, would you-all have done it on the first trip?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right. And why were you not able to accomplish the murder on the first trip?
LUIS RIVERA: He was with the kids.
MS. CAPPLEMAN: And you didn't want to kill him with the kids in the car?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you have cellphones in the car with you on the first trip?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Were either of you using drugs or alcohol during this first trip?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what -- which one of you and what type of drugs or alcohol?
LUIS RIVERA: It was alcohol and cocaine.
MS. CAPPLEMAN: And were both of you using alcohol and cocaine?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And was that something that was normal for the two of you?
LUIS RIVERA: No, not for me. For him it was. Not for me.
MS. CAPPLEMAN: And does that mean you were more drunk or high than he was?
LUIS RIVERA: No, he was more drunk and high than me.
MS. CAPPLEMAN: How is that?
LUIS RIVERA: He kept drinking. I was the driver.
MS. CAPPLEMAN: So, did he partake in larger quantities, more --
LUIS RIVERA: Yeah, he take --
MS. CAPPLEMAN: -- drugs and alcohol?
LUIS RIVERA: He'll take more.
MS. CAPPLEMAN: And you got a speeding ticket on the way to Tallahassee; is that correct?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Have you had an opportunity to see that ticket before?
LUIS RIVERA: I seen it before.
MS. CAPPLEMAN: I'm approaching with State's Exhibit 65.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Can you see? It's small print. Can you see it?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Do you recognize this document? I know you don't read well; is that right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: But can you recognize this as the ticket you got?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 65.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: Be admitted as State's 65.
(State's Exhibit 65 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Rivera -- and that was in the Gainesville area?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Can you estimate for the jury about how much time you spent watching the house or driving around the house scoping it out? And I'm referring to the first trip.
LUIS RIVERA: It's probably two nights.
MS. CAPPLEMAN: So, several hours; is it fair to say?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Did you ever follow Mr. Markel anywhere other than just watching him around the house?
LUIS RIVERA: Yeah, I followed him.
MS. CAPPLEMAN: where did you follow him to?
LUIS RIVERA: Followed him to a daycare. First we were following him to a daycare. And then when he got off the daycare, I lost him; so I ended up going back to that little place, the little park, waiting for him. Never showed up. Just followed him around what -- that's about it.
MS. CAPPLEMAN: And you're talking about the park near his house?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: That's where you-all would sit and wait for him to pull out?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did anybody ever get out of the car and go peek in the windows or look in the house?
LUIS RIVERA: No, not that trip.
MS. CAPPLEMAN: Not that trip? Okay. Did you know what type of vehicle he was going to be in, or did you just observe that when you were at his house?
LUIS RIVERA: No. I don't remember.
MS. CAPPLEMAN: All right. So, you followed him to the daycare. +=what about after the daycare?
LUIS RIVERA: I lost him.
MS. CAPPLEMAN: All right. So, is the reason why you didn't -- the killing didn't occur on the first trip because you kept losing him?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right. Was Sigfredo Garcia in contact with the Defendant, Katherine Magbanua, during this first trip? Did they talk on the phone, is what I'm asking?
LUIS RIVERA: Yeah, I don't -- I don't remember.
MS. CAPPLEMAN: Don't remember? Do you remember any statements such as, Make sure she has the money, and concerns about --
MR. DECOSTE: Objection, Your Honor. Leading.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: -- the money?
JUDGE WHEELER: That's not a leading question; so that's overruled. You can ask the question.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Do you remember any conversations like that?
LUIS RIVERA: Not that trip. The second trip.
MS. CAPPLEMAN: Okay. Do you remember any conversations involving, Don't do anything stupid?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And was that the first trip?
LUIS RIVERA: It was both trips probably.
MS. CAPPLEMAN: Okay. And what was the nature of those conversations?
LUIS RIVERA: Like, don't do nothing stupid. Like, be careful.
MS. CAPPLEMAN: who was saying, Don't do anything stupid?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: who was she telling that to?
LUIS RIVERA: Sigfredo.
MS. CAPPLEMAN: How was it you were able -- how do you know what she told Sigfredo?
LUIS RIVERA: That's the only person he called.
MS. CAPPLEMAN: He was calling her during the first trip?
LUIS RIVERA: Second trip.
MS. CAPPLEMAN: Second trip.
So, let's go to the second trip then. Second trip, do you agree, was July 16th to July 18th of 2016?
LUIS RIVERA: I don't remember the date.
MS. CAPPLEMAN: But is that the time when the murder happened?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: who went on the second trip?
LUIS RIVERA: I did.
MS. CAPPLEMAN: who else?
LUIS RIVERA: Sigfredo.
MS. CAPPLEMAN: All right. And I think you said you traveled in the Prius that time, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: who went to the rental car place to rent that car?
LUIS RIVERA: I did.
MS. CAPPLEMAN: Was anybody with you?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: who?
LUIS RIVERA: Sigfredo.
MS. CAPPLEMAN: All right.
LUIS RIVERA: He didn't come inside with me, though. He waited around the corner.
MS. CAPPLEMAN: He didn't go into the rental car place?
LUIS RIVERA: No.
MS. CAPPLEMAN: Did you-all leave right from the rental car place to come to Tallahassee, or did you do something else?
LUIS RIVERA: No, I went home and dropped my other car off. He drove the other car to the house.
MS. CAPPLEMAN: And did you leave that day -- that same day that you rented the car?
LUIS RIVERA: That night, yeah.
MS. CAPPLEMAN: Did you take your phones with you for the second trip?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And for the actual murder, did you have your phones =working?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: You never turned your phones off?
LUIS RIVERA: well, I turned them off. we turned them off a few times.
MS. CAPPLEMAN: Did you turn them off for the actual murder?
LUIS RIVERA: Yes, they were off. I believe so. They were off.
MS. CAPPLEMAN: Say that again.
LUIS RIVERA: I think they were off.
MS. CAPPLEMAN: You think they were off. And is that both of you turned your phones off or just you?
LUIS RIVERA: Can't remember.
MS. CAPPLEMAN: That's okay. How many guns did you-all have with you on the second trip?
LUIS RIVERA: One.
MS. CAPPLEMAN: Just the murder weapon?
LUIS RIVERA: No, two. Two. Two. Sorry. Sorry.
MS. CAPPLEMAN: Okay. What was the other gun?
LUIS RIVERA: It was a .38.
MS. CAPPLEMAN: Huh?
LUIS RIVERA: It was a .38.
MS. CAPPLEMAN: A .38? Whose gun was that?
LUIS RIVERA: That was Garcia's.
MS. CAPPLEMAN: who knew that you-all were coming on the murder trip?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: Only Katie?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: You didn't tell Jessica?
LUIS RIVERA: No. Nobody knew.
MS. CAPPLEMAN: where did you-all stay on the murder trip?
LUIS RIVERA: In a hotel.
MS. CAPPLEMAN: Budget Inn sound right?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Were you using drugs and alcohol on this trip?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what about Sigfredo Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And was that cocaine and alcohol, as you previously testified?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: when you arrived on July 17th, did you-all -- what did you-all do? Did you do any casing or scoping out of the house --
LUIS RIVERA: Yes.
MS. CAPPLEMAN: -- on that trip?
LUIS RIVERA: Yeah, I scoped him out that -- that day I showed up up here, I followed him. Finally I followed him all the way to the daycare, and I finally got to follow him all the way to the gym.
MS. CAPPLEMAN: Okay. But when you followed him to the gym, that was right before he got killed, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what about before that? was there any scoping out that occurred? I think you mentioned earlier that somebody got out of the car at one point and went up to the house?
LUIS RIVERA: Yeah, I end up -- we end up parking around the back -- back of his house.
MS. CAPPLEMAN: Okay.
LUIS RIVERA: And Sigfredo got out the car and went and looked through the window. But he was there, so when --
MS. CAPPLEMAN: who was there?
LUIS RIVERA: Markez (sic).
MS. CAPPLEMAN: Okay. And was -- isn't that a good thing?
LUIS RIVERA: It's a good thing, but we followed him from there. we just scoped out the place.
MS. CAPPLEMAN: All right. So, Garcia gets out, looks in the windows, and then you-all just continue to kind of scope out the place?
LUIS RIVERA: Yes. We went back around, and I parked by the park.
MS. CAPPLEMAN: Okay. At some point you follow him to the daycare. What happens at the daycare?
LUIS RIVERA: Oh, I sit there and wait for him to drop the kids off. Soon as he dropped the kids, he got back in the car. And he ended up going -- he ended up leaving there, and we followed him to the gym.
MS. CAPPLEMAN: And is that Premier gym that we've seen the surveillance video of the Prius on?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So, you-all wait out in the parking lot while he's in the gym?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what happens next?
LUIS RIVERA: He finished the gym, and we follow him to a house. And when he gets to the house, he made a -- it was a left turn. And one of the corners -- I kept going -- I kept going -- I kept going and made another left. So when he made it into the garage, we pulled right behind him.
MS. CAPPLEMAN: All right. So, you're talking about on the way back to the house from the gym?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: You ended up taking a different route, just the little block around to get to the house?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So, when you were pulling up down the street toward the driveway, he was coming the opposite direction; is that right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So, he pulls in the driveway first?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Okay. And how close -- when you say you pull in behind him, how close do you get?
LUIS RIVERA: Like, 3 feet.
MS. CAPPLEMAN: So, right up to the bumper?
LUIS RIVERA: Right up to the bumper.
MS. CAPPLEMAN: And what happens next?
LUIS RIVERA: Garcia jumped out, went around the car to the driver side, shot him.
MS. CAPPLEMAN: Were there any words exchanged between Garcia and the victim?
LUIS RIVERA: (Shaking head negatively.)
MS. CAPPLEMAN: Is that a no?
LUIS RIVERA: That's a no. Sorry.
MS. CAPPLEMAN: Do you know whether the victim's window was up or down?
LUIS RIVERA: I think it was up.
MS. CAPPLEMAN: So, he was shot seated in the driver's seat of his vehicle?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what was his position in the vehicle? was he in, like, a normal position behind the wheel?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Did you see him do anything, say anything, make any moves?
LUIS RIVERA: Seen him try to put his hands up.
MS. CAPPLEMAN: Say that again.
LUIS RIVERA: Seen him try to, like, put his hands up.
MS. CAPPLEMAN: You saw that. Okay. How many times was the gun ~fired?
LUIS RIVERA: Twice.
MS. CAPPLEMAN: Both times by Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Were they two separate gunshots or rapidly in succession? Meaning was there time in between, or were they right back to back?
LUIS RIVERA: Back to back.
MS. CAPPLEMAN: Did you stop or get out to see if --
LUIS RIVERA: No.
MS. CAPPLEMAN: -- the hit had been successful?
LUIS RIVERA: No, not at all.
MS. CAPPLEMAN: what did you do?
LUIS RIVERA: He ran back to the car, backed up, and left.
MS. CAPPLEMAN: And you've seen the surveillance video of the Prius leaving town from the bus video?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: was that you-all in the Prius?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: who was the driver?
LUIS RIVERA: Me.
MS. CAPPLEMAN: who was the passenger?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: And you've seen the ATM images of you-all at the ATM in Pembrook Pines --
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: -- I think?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And that was you in the driver seat there as well?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Sigfredo Garcia in the passenger seat?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. I want to back you up and ask you about a few things that happened the second trip. You've talked about seeing the lady or seeing who you believed was wendi Adelson. Can you tell the jury about that?
LUIS RIVERA: well, it was the day before.
MS. CAPPLEMAN: Day before the killing?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Tell us about that.
LUIS RIVERA: well, I was scoping the house. And as I'm scoping the house and we're leaving, she was walking on the sidewalk with two kids. I remember the --
MS. CAPPLEMAN: And that was on the road where Markel lived?
LUIS RIVERA: Yes, ma'am, a couple of houses down from his house.
MS. CAPPLEMAN: Okay. And were you driving at that time?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what did the lady do when you saw her?
LUIS RIVERA: She looked at the car and got on the phone right away, made a phone call.
MS. CAPPLEMAN: Okay. And how did you know that the lady -- or why did you think that the lady was wendi Adelson?
LUIS RIVERA: Because I asked Garcia, why she looking at the car like that?
That's her, that's the lady.
MS. CAPPLEMAN: So, you believed that to be wendi Adelson?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Was there an incident involving the gun being fired other than at Mr. Markel?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And was that on the second trip as well?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Tell us about that, please.
LUIS RIVERA: I was driving -- we was driving. Garcia had the gun out and just shot the -- on the passenger side on the floor.
MS. CAPPLEMAN: Intentionally?
LUIS RIVERA: It have to be. I don't know what he was doing. It just shot.
MS. CAPPLEMAN: So, you-all are just riding down the road here in Tallahassee?
LUIS RIVERA: Yes, just driving --
MS. CAPPLEMAN: And he shoots a hole?
LUIS RIVERA: -- and the gun went off. I just looked like, what's going on? And he shot the -- a gas line.
MS. CAPPLEMAN: Okay. was that an accident, or did he mean to do that?
LUIS RIVERA: No, it's an accident.
MS. CAPPLEMAN: So, as a result of him shooting the floorboard, did that damage or interfere with your ability to drive the car?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: How so?
LUIS RIVERA: It hit the gas line and we ran out of gas right there and then.
MS. CAPPLEMAN: what did you all do about that?
LUIS RIVERA: we pushed the car to, like, a little -- small, little area, and some dudes helped us out, took him to, like, an Auto Zone. And he came back, jacked the car up, and put the hose line on.
MS. CAPPLEMAN: And was this the same dude -- the guy that took you to get the parts to fix the car, was that the same dude that you-all had bought some drugs from here in Tallahassee?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And was that dude's name Shoddrick Nobles?
LUIS RIVERA: I don't know his name.
MS. CAPPLEMAN: Don't remember his name. were you-all able to fix the car?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Do you have any experience fixing cars?
LUIS RIVERA: No. I mean, I know about cars, but he fixed it.
MS. CAPPLEMAN: who? Sigfredo Garcia?
LUIS RIVERA: Sigfredo, yeah.
MS. CAPPLEMAN: Does he have experience fixing cars?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did he do a good job?
LUIS RIVERA: He did. we made it back home.
MS. CAPPLEMAN: It ran after that? Made it all the way back to Miami in that car?
LUIS RIVERA: Uh-huh Caffirmative response). Yes, ma'am.
MS. CAPPLEMAN: was that shooting the car -- did that happen the same day as the murder or something else?
LUIS RIVERA: No, not the same day.
MS. CAPPLEMAN: Okay. So -- but it was on the second trip?
LUIS RIVERA: It was on the second trip, yeah.
MS. CAPPLEMAN: what about -- did you have Instagram at the time this murder happened?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And was there an issue with you posting something on Instagram?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: was that the first trip or the second trip, if you remember?
LUIS RIVERA: I don't remember.
MS. CAPPLEMAN: All right.
LUIS RIVERA: But I remember taking a picture, and I had an issue swith it.
MS. CAPPLEMAN: All right. well, just tell us what you remember about it.
LUIS RIVERA: I took a picture. I think it was a lion. And I remember Garcia getting a phone call telling me to take that down, that's too much evidence of where we was at.
MS. CAPPLEMAN: Say that again.
LUIS RIVERA: I remember Garcia telling me to, Take that picture down. That's too much evidence where we was at. Katie called Garcia and told him, Hey, you need to take that picture down ASAP.
MS. CAPPLEMAN: Okay. why would it be a problem for you to be posting a picture from Tallahassee?
LUIS RIVERA: Because we came out here to do a job.
MS. CAPPLEMAN: So, there could be data associated with where you took the picture?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you said Katie called Garcia and told him to tell you to take the picture down?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. How do you know that Katie called Garcia?
LUIS RIVERA: Because we together all day. Like, we right next to each other. He said, Hey, she said take that down. You're tripping.
MS. CAPPLEMAN: Was there a particular reason that the murder happened on the day it happened?
LUIS RIVERA: No.
MS. CAPPLEMAN: Did anyone tell you it had to happen that day?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: Did you have any knowledge about the victim's plans? where he was going to be and when?
LUIS RIVERA: well, that day that I seen that lady walking, they said we got to get the job done because he was leaving on a trip.
MS. CAPPLEMAN: who was leaving on a trip?
LUIS RIVERA: Markez (sic), that's his name, or --
MS. CAPPLEMAN: Dan Markel is the name of the guy you-all --
LUIS RIVERA: Dan Markel.
MS. CAPPLEMAN: -- killed.
LUIS RIVERA: Yeah, Dan Markel. So, he was leaving that Friday. I think it was going to be on a Friday he was supposed to leave.
MS. CAPPLEMAN: So, how did you know that Dan Markel was planning to leave town? That's really my question.
LUIS RIVERA: Garcia told me.
MS. CAPPLEMAN: Garcia knew it?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And do you know how Garcia knew it?
LUIS RIVERA: Katie told him.
MS. CAPPLEMAN: How do you know that?
LUIS RIVERA: Because Katie told him, Hey, you got to hurry up and do this because the man is leaving.
MS. CAPPLEMAN: Did you hear that for yourself, or he told you that?
LUIS RIVERA: He told me that hisself.
MS. CAPPLEMAN: After you kill Mr. Markel, do you-all leave town right away?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: when do you -- when is the first time either of you gets on the phone after the murder?
LUIS RIVERA: Maybe like an hour later, something like that. An hour or two.
MS. CAPPLEMAN: Is that while you-all are headed home?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: which one of you-all makes a phone call first after the murder?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: Okay. And who does he call?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: Are you able to hear that conversation?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is that a situation where you're hearing Garcia's portion of the conversation, or are you hearing both sides of the conversation?
LUIS RIVERA: Both sides of the story.
MS. CAPPLEMAN: How is it you're able to hear both sides?
LUIS RIVERA: Because he speaks, and he shuts up when she talks.
MS. CAPPLEMAN: And when she talks, you can hear her voice through the receiver?
LUIS RIVERA: Of course.
MS. CAPPLEMAN: And you're sure it was her voice?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do you recognize her voice?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: You're familiar with her voice?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what was that conversation?
LUIS RIVERA: He called and said, it's done.
She said, I know.
I tell him, hey, what's up with the money?
He's like, hey, where's the money at?
She said, tomorrow.
The next day was a Saturday because I remember -- because I end up going to a barbershop.
MS. CAPPLEMAN: All right. was there any discussion or dispute about the fact that you-all were going to get the money the next day instead of that day?
LUIS RIVERA: Don't remember. Just remember getting the money the next day.
MS. CAPPLEMAN: All right. So, Sigfredo Garcia calls Katherine Magbanua, the Defendant?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And he says, It's done --
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: -- or something along those lines? The job is done?
LUIS RIVERA: The job is done.
MS. CAPPLEMAN: And she says, I know?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do you -- did she elaborate on that? Did she say how she knew?
LUIS RIVERA: No, ma'am.
MR. DECOSTE: Objection, Your Honor. It's leading, but it's also asked and answered. we've already been over this.
JUDGE WHEELER: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did she say how she knew?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: All right. who was responsible -- when you say, She's going to get the money, is it her responsibility to get the money to pay you or somebody else?
LUIS RIVERA: Like, what you mean?
MS. CAPPLEMAN: who's going to get the money?
LUIS RIVERA: Katie's going to go get that money.
MS. CAPPLEMAN: All right. Let's talk about what you-all did when you got back to Miami on the day of the murder. what did you do when you got back?
LUIS RIVERA: when I got back -- well, it's been a long time. when I got back, I think I went home and took a shower. we got dressed and we went out that night.
MS. CAPPLEMAN: Went out and spent some money, didn't you?
LUIS RIVERA: We ain't get that money yet.
MS. CAPPLEMAN: Okay. So, you-all did what, then? Just went to the local place?
LUIS RIVERA: Yeah, went to a local bar, hang out.
MS. CAPPLEMAN: And the money -- oh, I think I forgot to ask you about this. Did you have any money for the trips that was provided to you?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Tell us about that. I forgot to ask you about that.
LUIS RIVERA: Yeah, he had money. He had, like -- at least, like, $5,000 in his pocket.
MS. CAPPLEMAN: And was that the first trip, or the second trip, or both?
LUIS RIVERA: Both trips he had money.
MS. CAPPLEMAN: And that was Sigfredo Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did you know where that money came from?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: where did the money come from?
LUIS RIVERA: From the lady. From Katie.
MS. CAPPLEMAN: So, Katie provided the money for this -- for you-all to come do the trip?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: would you-all have had your own money to rent the car and buy gas and --
LUIS RIVERA: No.
MS. CAPPLEMAN: -- hotels, food?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: And you-all bought cocaine while you were here too, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And alcohol?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So, when you got back to Miami after the second trip where the murder was committed, did you-all have any of that money left that was provided for the trip?
LUIS RIVERA: I mean, we had a few -- we had some money left because he gave me some money to -- in my pocket to hold.
MS. CAPPLEMAN: Do you know how much you got before -- I guess for either trip -- for that purpose of the trip?
LUIS RIVERA: The second trip, he just gave me $300.
MS. CAPPLEMAN: So, you-all did have a little bit of money to go out with, then?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: You said Katie was responsible for going to get the money. Did you go with her to get the money?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did Sigfredo Garcia go with her to get the money?
LUIS RIVERA: He came with her. He wasn't with her, no, ma'am.
MS. CAPPLEMAN: You said you got the money the next morning. How did you-all get together to exchange the money the next morning?
LUIS RIVERA: well, that next morning I got up and I went to the barbershop. I get a phone call from Katie. She's like, who's going to come get this money?
I said, Tuto. well, Garcia.
She said, where he's at?
I said, I don't know. Maybe in Shrimp's house -- some girl that he mess with.
MS. CAPPLEMAN: Shrimp's one of his other girlfriends?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Okay. So, let me back you up just a little bit. I should have asked you -- the night before, when you-all were out, was the Defendant, Katherine Magbanua, with you and Sigfredo?
LUIS RIVERA: No.
MS. CAPPLEMAN: So, you didn't see her that night at all?
LUIS RIVERA: No.
MS. CAPPLEMAN: And the next morning, you-all talk about it, and she says she's looking for Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you know how to find him?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And how was he to be found?
LUIS RIVERA: I had one of my friends go look for him in Miami Beach.
MS. CAPPLEMAN: And that's where Shrimp lived?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And how did you know he was going to be at Shrimp's house?
LUIS RIVERA: My best friend. I knew everything about him. He was with her. He was staying with her.
MS. CAPPLEMAN: You knew he'd be found there?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: But he wasn't answering his phone?
LUIS RIVERA: At all.
MS. CAPPLEMAN: Because he had dumped his phone, right?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right. And I should have asked you, when we were talking about heading back after the murder, what happened with the murder weapon in this case?
LUIS RIVERA: we dumped it.
MS. CAPPLEMAN: How did you dump it? where did you dump it?
LUIS RIVERA: In the ocean.
MS. CAPPLEMAN: All right. where in the ocean?
LUIS RIVERA: Like, driving -- just driving back home, we just pulled over by a bridge and just threw it off.
MS. CAPPLEMAN: And was it, like, an open ocean?
LUIS RIVERA: Yeah, open.
MS. CAPPLEMAN: Was it -- were there trees and bushes around as well?
LUIS RIVERA: Yeah, because he got out the car and he threw it.
MS. CAPPLEMAN: Okay. So, like an overpass or a causeway?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Okay. was the -- if you know, was the gun thrown into the body of water or into the shrubs and bushes nearby?
LUIS RIVERA: I was in the car. when he got out of the car, he went down. So there was some bushes; so he threw it to the water. That's what he told me. He said, It hit the water, Dog. Don't worry about it.
MS. CAPPLEMAN: He thought it did hit the water?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: But did he have to jump into the bushes to make the throw?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: So, sort of off the guardrail?
LUIS RIVERA: Right onto the bridge.
MR. DECOSTE: Your Honor, if the witness could sit forward again, just -- Ms. Magbanua cannot see the witness as he testifies.
JUDGE WHEELER: All right. Just move a little bit forward, if you can. That's fine.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Let's talk about when you got paid. So, you sent a friend to get Sigfredo Garcia. Where do you-all meet up?
LUIS RIVERA: when we got paid?
MS. CAPPLEMAN: Uh-huh Caffirmative response).
LUIS RIVERA: At my house.
MS. CAPPLEMAN: Tell us what happened. You mentioned something about the barbershop. Tell us the whole story.
LUIS RIVERA: I was in a barbershop, and Jessica had called me. She said, They're here. Come to the house. So, when I get there, Katie's in my house and Garcia's in my house.
MS. CAPPLEMAN: And how -- did you see what vehicle they arrived in?
LUIS RIVERA: what's a -- it's like a SUV -- a white Suv.
MS. CAPPLEMAN: Okay. was that a car that you recognized?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: whose car was that?
LUIS RIVERA: Katie's.
MS. CAPPLEMAN: All right. So, they arrive in Katie's car, and Jessica calls you and says they're there?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And where are you?
LUIS RIVERA: I'm in the barbershop.
MS. CAPPLEMAN: And how long does it take you to get there from the barbershop?
LUIS RIVERA: Like, five minutes.
MS. CAPPLEMAN: So, that's right up the street?
LUIS RIVERA: Right around the corner, yeah.
MS. CAPPLEMAN: what happens when you get to the house?
LUIS RIVERA: I get to the house, and I see Garcia. I grab the bag, tell them to get back in the car, and left. I wasn't too long in the house.
MS. CAPPLEMAN: All right. So, you go in the house. Katie and Garcia are there. Is your -- is Jessica there?
LUIS RIVERA: Yeah, she's there too.
MS. CAPPLEMAN: And you get the money in what kind of packaging?
LUIS RIVERA: Brown bag. Like a brown little -- a brown little -- a small brown bag.
MS. CAPPLEMAN: Okay. Like a brown paper bag or a plastic --
LUIS RIVERA: Paper bag.
MS. CAPPLEMAN: Did it have any other bags inside it?
LUIS RIVERA: No. I don't remember.
MS. CAPPLEMAN: So, you get the money. It's in some brown paper. And do you count it? Do you open it?
LUIS RIVERA: No.
MS. CAPPLEMAN: why not?
LUIS RIVERA: I didn't want Jessica to know what was going on. I just went out the back, told Garcia, Let's go.
MS. CAPPLEMAN: Because if she saw that money, she'd be wanting some of that money, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. So, you -- when do you open the bag?
LUIS RIVERA: In the car.
MS. CAPPLEMAN: when you're in the car -- what car are you in when you open the money?
LUIS RIVERA: My car.
MS. CAPPLEMAN: All right. who's in the car with you?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: And is that the old Mercedes?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what year Mercedes was that?
LUIS RIVERA: Like, '87.
MS. CAPPLEMAN: So, you and Garcia get in the Mercedes. what does Katherine Magbanua do?
LUIS RIVERA: She was in my house.
MS. CAPPLEMAN: She stayed in the house?
LUIS RIVERA: Because I had a newborn.
MS. CAPPLEMAN: All right. So, she was seeing the baby?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And when you open the money, how much money was in there?
LUIS RIVERA: 35.
MS. CAPPLEMAN: Did you count it?
LUIS RIVERA: No. I trust him.
MS. CAPPLEMAN: And when you say you "trust him," you're talking about Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you mentioned that you got a little extra money. when was that done?
LUIS RIVERA: Right -- I think right there and then. He was, like, Here, take this. Right -- or right when we went to the barbershop, he's like, Take -- take two more, Dog. You did me a favor.
MS. CAPPLEMAN: So, when you-all left the house after getting paid, you went back to the barbershop?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And that's when Garcia gave you some more money?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Tell us about the money once you opened it up. was it packaged in an unusual way?
LUIS RIVERA: Yeah. I never seen money stapled. All hundreds and they were all stapled.
MS. CAPPLEMAN: And this money was what denominations of bills? Do you know what I mean by that? Tens? Twenties? Hundreds?
LUIS RIVERA: Hundreds, all hundreds.
MS. CAPPLEMAN: All hundreds stapled into how many hundreds together?
LUIS RIVERA: Thousand dollars.
MS. CAPPLEMAN: Thousand-dollar stacks?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And each stack stapled?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So, that's a big kind of brick?
LUIS RIVERA: Something like that, yeah.
MS. CAPPLEMAN: So, you got 35 plus an additional 2,000. Do you know how much Sigfredo Garcia got?
LUIS RIVERA: By my knowledge, I think he got, like, 40.
MS. CAPPLEMAN: So, he got 40 and gave you 2,000 of it?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And what about Katherine Magbanua?
LUIS RIVERA: She got the rest.
MS. CAPPLEMAN: And how much was the total for the job?
LUIS RIVERA: A hundred.
MS. CAPPLEMAN: $100,000?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you buy anything with your cut of the money?
LUIS RIVERA: Just a motorcycle.
MS. CAPPLEMAN: what about Garcia? Did he buy something?
LUIS RIVERA: Yeah, motorcycle and, like, two cars.
MS. CAPPLEMAN: I'm going to approach and show you some exhibits. = All right. we've got 44 through 47. 1I'11 show you each one of these. Do you recognize each one of these exhibits?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Are these fair and accurate photos of you and Garcia and the items you purchased?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence 44 through 47.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: Be admitted as 44 through 47.
(State's Exhibit 44-47 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE WHEELER: You may.
(State's Exhibit 44-47 published to the jury.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I'm publishing State's Exhibit 44. who is this in this photo, Mr. Rivera?
LUIS RIVERA: That's me, Jessica, Katie, and Garcia.
MS. CAPPLEMAN: From left to right, you, Jessica --
LUIS RIVERA: Jessica, Katie, Garcia.
MS. CAPPLEMAN: State's 45, you recognize that photo?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: who is that?
LUIS RIVERA: Garcia and me.
MS. CAPPLEMAN: State's 46, do you recognize that?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what's that a photo of?
LUIS RIVERA: Two motorcycles and a car. That's a Monte Carlo, Garcia's. That's his motorcycle, the black and yellow one. And the red one was a guy named Hibaro.
MS. CAPPLEMAN: So, was this motorcycle yours or Garcia's?
LUIS RIVERA: Garcia's.
MS. CAPPLEMAN: And was this a motorcycle that he bought with the proceeds from the murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And this Monte Carlo, is that Garcia's as well?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And was that purchased with the proceeds of the murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: State's 47, what's in this photo?
LUIS RIVERA: That's me and Garcia and the motorcycles.
MS. CAPPLEMAN: Both motorcycles you-all bought with the proceeds of this homicide?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: You told us about the '86 Mercedes that you drove prior to the murder. what kind of vehicle did Garcia drive prior to the murder?
LUIS RIVERA: I don't think he had one at that time.
MS. CAPPLEMAN: So, no vehicle at all, and then two vehicles?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right. what about Katherine Magbanua? what did she spend her money on?
LUIS RIVERA: Don't know.
MS. CAPPLEMAN: Did you make any changes to your cellphone after the murder?
LUIS RIVERA: Like, change my phone?
MS. CAPPLEMAN: Yeah.
LUIS RIVERA: No.
MS. CAPPLEMAN: You didn't try to change your number -- phone number?
LUIS RIVERA: Don't remember. Probably. I don't remember.
MS. CAPPLEMAN: Did you have an opportunity to meet with Investigator Newlin from my office and listen to some calls to see if you recognized the voices on the calls?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: I'm going to show you -- and were you asked to listen to a portion of those calls and see if you could identify the voices on the calls?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you make initials by each call as you listened to it to verify, yes, that is who it says it is on the list?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And were you able to identify both Sigfredo Garcia's voice and Katherine Magbanua's voice on those calls?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. I'm showing you State's Exhibit 66. Is this the sheet where you initialed?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you were able to identify the voices of the people that are highlighted there, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did Investigator Newlin go through this sheet with you and tell you exactly which calls you were listening to?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 66.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: Be admitted as State's 66.
(State's Exhibit 66 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Rivera, you testified that your motive for doing this was money; is that correct?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: You didn't have a beef with Dan Markel in any way?
LUIS RIVERA: Not at all, nope.
MS. CAPPLEMAN: Had you ever had any contact at all in any way with wendi Adelson other than when you thought you saw her on Trescott?
LUIS RIVERA: Say that again, please.
MS. CAPPLEMAN: Did you ever have any contact at all with wendi Adelson prior to -- I know when you-all were driving down the road one day, you thought you saw her on the road or on the sidewalk.
LUIS RIVERA: I never spoke to these people.
MS. CAPPLEMAN: No contact with wendi Adelson?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Donna Adelson?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Harvey Adelson?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Charlie Adelson?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: One moment, please, your Honor.
JUDGE WHEELER: ATI right.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Do you know Shrimp's real name?
LUIS RIVERA: No. We call her Tutti (phonetic), something like that, but I don't know her name at all.
MS. CAPPLEMAN: Just nicknames?
LUIS RIVERA: Yeah, just nicknames.
MS. CAPPLEMAN: Nothing further.
JUDGE WHEELER: All right. We're going to take a break now before the cross-examination, give you an opportunity to use the facilities, stretch your legs. So, it's 3:20. we'll take about 15 minutes, and then we'll be back and ready to continue with the testimony. Okay? If you could escort the jury out, please.
(Jury exits courtroom.)
JUDGE WHEELER: All right. Jury is out of the courtroom. The door is closed. Please be quiet, please. we're still in session.
So, we'll start with the cross-examination when we return. And I know Mr. DeCoste is out of the courtroom. I understand that this will go until tomorrow morning at this point. So, when he comes back, if you could just inform him that -- just be mindful of when it's close to 5:00. And then we will cut then, and then we'll return tomorrow for the continuation of it, since we're close to the 3:30 hour at this point. Okay?
MS. KAWASS: Absolutely, Judge.
JUDGE WHEELER: we'll be in recess for about 15 minutes.
(Court in recess.)
JUDGE WHEELER: We're back on the record. So, I have an understanding now, Mr. DeCoste, that you will need more time. So just try to get a breaking point, 5:00 or as close to 5:00 as you can, and we'll be back tomorrow to continue that. Okay?
MR. DECOSTE: Okay. we just lost input here. I want to make sure that it's -- unfortunately, Your Honor, we just lost -- there we go.
JUDGE WHEELER: All right. Anything from the State before we bring in the jury?
MS. CAPPLEMAN: No, Your Honor.
JUDGE WHEELER: From the Defense?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: Okay. Let's bring the jury in, please.
(Jury in courtroom.)
JUDGE WHEELER: All right. Please be seated.
we're ready to continue with cross-examination. Mr. DeCoste?
MR. DECOSTE: Thank you, Your Honor.
CROSS- EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Mr. Rivera, the bullets that entered Professor Markel's head and ended his life, you bought those, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: The gun that fired those bullets, you bought them too?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: The car that drove to Tallahassee and into his driveway, you rented it?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And the hotel room that you stayed in the night before and planned the murder, you paid for it?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: On direct examination, you were asked by the government whether you are a ten-time convicted felon. You are, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And one of those cases is from 2013 in Miami, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you took probation, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you violated it?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You were indicted federally?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, that probation violation hearing -- that's what a PVH is, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, you have a case. You take a plea to probation. You violate it by getting federally indicted. And you then have the pending probation violation, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you're facing 15 years on this pending violation, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And that penalty of 15 years can run consecutive to the sentences that you are already serving both here for Leon County and the federal sentence, right?
LUIS RIVERA: Maybe.
MR. DECOSTE: So, you could do -- it's a yes or a no on this one. You know that it's a yes, right? That it can run consecutive after the 19 years?
LUIS RIVERA: I don't know, but yes.
MR. DECOSTE: Now, at the time you took the plea in this murder case, you had no idea about that probation violation, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You didn't know about it?
LUIS RIVERA: I didn't know, no.
MR. DECOSTE: You had two attorneys at the time. They failed to tell you, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: The government, who works also for the State of Florida, like the prosecutors in Miami, assistant state attorneys, they didn't let you know either?
LUIS RIVERA: No.
MR. DECOSTE: And it's your understanding nobody knew about it -- not your attorneys, not these attorneys, not yourself -- right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you actually learned when I asked you the question about whether you knew about the pending probation violation?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, let's go to your next case, the federal indictment. You agree with me that you took a conviction for conspiracy to violate the RICO statute?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, that's a RICO statute that's used to prosecute large groups committing crimes, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You took 151 months in prison?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Approximately 12 and a half years?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: As a career offender?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: That means that you're a career criminal in the federal system?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And, of course, you have the conviction for the murder case here?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: One of those ten?
LUIS RIVERA: Yes.
MR. DECOSTE: And the charge that you pled to was second degree murder?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you took a plea of 19 years prison?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, you've got two sentences. You've got 19 years prison on the murder case here.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you got 12 and a half on the federal case, right?
LUIS RIVERA: Yes.
MR. DECOSTE: They're not stacked one after the other. They're running at the same time?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, with respect to your federal indictment, you pled guilty. But you're actually innocent, right?
LUIS RIVERA: The federal system? Innocent?
MR. DECOSTE: The federal indictment, the RICO case --
LUIS RIVERA: If I'm guilty, I'm guilty.
MR. DECOSTE: You are guilty? Do you remember taking a -- the first time you took a deposition in this case with Sigfredo Garcia's attorney?
LUIS RIVERA: Yes.
MR. DECOSTE: You remember how there was a court reporter present that took down all your words?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Your attorney was present?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: They swore you in at the beginning asking you to tell the truth, the whole truth, and nothing but the truth?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Counsel, pages 30 to 31, starting on lines 12. And I want to make sure you're using the certified copy, not the draft.
MS. CAPPLEMAN: Say the lines again, please.
MR. DECOSTE: Pages 30 to 31, starting at line 12.
BY MR. DECOSTE:
MR. DECOSTE: Mr. Rivera, do you remember being asked the following questions and giving the following answers:
Have you ever been involved in a conspiracy to commit an armed robbery?
Answer: No.
Have you ever been --
Answer: I got conspiracy right now with the federal charge.
Question: Right. Your racketeering charge?
Answer: My racketeering. So if you want to get that clear, that can be a yes.
Question: Okay. So, yes on the -- well, I was going to get to your --
Answer: Because that's in my records. It doesn't mean that I did it. But it's all over my records, so --
Question: Go ahead.
All that you ask me --
Question: Right?
Answer: It's in my federal record, conspiracy. It become into robberies -- it becomes everything that you asked me. But I'm telling you no because I didn't do none of that. But it's in my record; so that's a yes.
So, you have something in your record, but you didn't do it?
Answer: I didn't do it. I just got convicted to it. I signed a plea. I took it. You can't fight with the feds. You can't beat them.
LUIS RIVERA: Nobody can beat them. That's a yes.
MR. DECOSTE: Okay. You understand that in your deposition, you said that you didn't do anything on the federal case?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, I'll ask you the question again. On your federal case, are you innocent or not?
LUIS RIVERA: No.
MR. DECOSTE: And the reason -- the reason -- well, let's go on. So, in your deposition --
MR. DECOSTE: Counsel, lines -- page 34, lines 20 through 24.
BY MR. DECOSTE:
MR. DECOSTE: Mr. Rivera, do you remember saying the following:
Okay. So, just to be clear, you signed that because that's what was best for you to do, not because that was the truth, right?
Answer: That's not the truth. That's best for me to go ahead and take it and run.
You remember saying that --
LUIS RIVERA: Yes.
MR. DECOSTE: -- in deposition under oath, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Basically saying, I did not commit this federal crime, but I took it and ran because you can't fight with the feds, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Counsel, page 32, line 25.
BY MR. DECOSTE:
MR. DECOSTE: Mr. Rivera, you also remember saying, You can't never beat the feds, man. You can't go to trial with the feds"?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Just to be clear, the feds are involved in this case, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Special Agent Patrick Sanford and the rest of the FBL?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Understanding your reluctance on the next topic, let's get into it: The Latin Kings. Let's talk first about the size of the Latin Kings. The federal indictment that we just talked about was 23 defendants, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: But the Latin Kings are much larger than just 23 people, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now as an aside, a guy, Juan Marcos Vega, was a co-defendant in your federal indictment, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And he was not a Latin King yet. He was a probationer?
LUIS RIVERA: Yes.
MR. DECOSTE: Now the Latin Kings themselves, they are one of the largest and most well-organized gangs in the country, right?
LUIS RIVERA: That's true.
MR. DECOSTE: And you know that because that’s in the factual proffer that you signed in the federal case, what you agreed to?
LUIS RIVERA: That's true.
MR. DECOSTE: They operate in at least 39 states, including Florida?
LUIS RIVERA: Yes.
MR. DECOSTE: By your word, they are everywhere?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: That includes Chicago, right?
LUIS RIVERA: Yes.
MR. DECOSTE: New York?
LUIS RIVERA: Yes.
MR. DECOSTE: Key west?
LUIS RIVERA: Yes.
MR. DECOSTE: Fort Lauderdale?
LUIS RIVERA: Yes.
MR. DECOSTE: Naples?
LUIS RIVERA: Yes.
MR. DECOSTE: Tampa?
LUIS RIVERA: Everywhere.
MR. DECOSTE: Jacksonville?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Orlando?
LUIS RIVERA: Everywhere.
MR. DECOSTE: Tallahassee?
LUIS RIVERA: Yes.
MR. DECOSTE: Now, the purpose of the Latin Kings -- the primary source of income is generated through distribution of narcotics, assault, robbery, burglary, and identity theft, right?
LUIS RIVERA: Yes.
MR. DECOSTE: Also the distribution of firearms?
LUIS RIVERA: Yes.
MR. DECOSTE: And homicide?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: If you could speak up for the jury so that they can hear you. I want to make sure everybody down here can hear you.
Now the members committed these crimes to benefit, promote, and further the interest of the gang, right?
LUIS RIVERA: Yes.
MR. DECOSTE: And to increase their own standing?
LUIS RIVERA: Yes.
MR. DECOSTE: To get higher up, you got to do more?
LUIS RIVERA: Yes.
MR. DECOSTE: Now, going through this quickly, the organization, you guys adhere to a local, regional, state, and national system, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: The local, like Miami, reports to state -- reports to regional officers, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Regional reports to state officers?
LUIS RIVERA: Yes.
MR. DECOSTE: And then state officers report to the national bosses?
LUIS RIVERA: Correct.
MR. DECOSTE: Right?
LUIS RIVERA: Correct.
MR. DECOSTE: Now, let's talk about your involvement. You've been in it your whole life?
LUIS RIVERA: Yeah.
MR. DECOSTE: Since you were 10 years old?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: In 2014, you were 31 years old, right?
LUIS RIVERA: Yes.
MR. DECOSTE: So, that's 21 years that you've been involved?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, correct me if I'm wrong. You were the boss of Miami?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Since the age of 15 or 16?
LUIS RIVERA: Yes, sir. But I just want to know what this got to do with the case?
MR. DECOSTE: It has everything. we'll get to that.
LUIS RIVERA: No, it don't. It ain't got nothing to do with this.
JUDGE WHEELER: Mr. Rivera, just answer the questions, please.
LUIS RIVERA: It don't.
BY MR. DECOSTE:
MR. DECOSTE: You were a legacy, correct?
LUIS RIVERA: Yes.
MR. DECOSTE: Now, that means because you had family members that were in it as well?
LUIS RIVERA: Just two uncles, yes.
MR. DECOSTE: Correct. Now, your position within the Latin Kings -- you were the first crown, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And what the first crown means is -- is that you're the jefe, you're the boss of that area, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, you're the boss of mostly the whole of Miami?
LUIS RIVERA: Yes.
MR. DECOSTE: Between the ages of 10 to 15 or 16, you rose to that position, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you rose through the ranks?
LUIS RIVERA: Yes.
MR. DECOSTE: The fifth crown is the secretary, right?
LUIS RIVERA: Yes.
MR. DECOSTE: The fourth crown is the treasurer?
LUIS RIVERA: Yes.
MR. DECOSTE: Right? The third crown is an enforcer?
LUIS RIVERA: Yep.
MR. DECOSTE: The second crown is a cacique?
LUIS RIVERA: Yep.
MR. DECOSTE: And then you reach the top?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, below these five points of the crown are a whole bunch of soldiers, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you rose through that, still a child, by the age of 16?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you held that throne --
LUIS RIVERA: Yes, sir.
MR. DECOSTE: -- for 15, 16 years before you were charged?
LUIS RIVERA: Yes, I did.
MR. DECOSTE: Now, to keep that throne, you have to continue to commit crimes and oversee crimes, right?
LUIS RIVERA: Yes, sir.
MS. CAPPLEMAN: Objection. Relevance.
JUDGE WHEELER: Overruled.
LUIS RIVERA: Yes, sir.
BY MR. DECOSTE:
MR. DECOSTE: Let's talk specifically about your tribe. That's what you refer to your crew as, right?
LUIS RIVERA: This don't got nothing to do with the case, man, not my tribe at all.
JUDGE WHEELER: Mr. Rivera, I'll make that determination. Okay? You just need to answer the questions, please.
BY MR. DECOSTE:
MR. DECOSTE: we're talking about the size, the amount of soldiers, the amount in your group. Now, you're the boss over roughly a hundred people in 2014, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, there's rules to the Latin Kings, right?
LUIS RIVERA: Yep.
MR. DECOSTE: There's a rulebook?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: These are actually all written out, both the purpose, the rules. Everything about the Latin Kings is put into what's called the manifesto, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And if you violate those rules, there's penalties for it?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Those include beatings?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You've ordered those before?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: It includes things like ink removal, tattoos of Latin Kings --
LUIS RIVERA: Yes, sir.
MR. DECOSTE: -- forcibly to remove them?
LUIS RIVERA: Yes.
MR. DECOSTE: Burn them off or cut them off?
LUIS RIVERA: Yes.
MR. DECOSTE: Now, snitching is the ultimate rule, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: AS a criminal enterprise, you need to have that rule so that if you're committing crimes with your gang members, that they're not going to flip against you?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you violated that rule?
LUIS RIVERA: Yes, I did.
MR. DECOSTE: Now, had you violated that rule on an actual Latin King --
LUIS RIVERA: No.
MR. DECOSTE: -- the penalties would be more severe than what they're seeking against you right now?
LUIS RIVERA: It would be the same.
MR. DECOSTE: They're trying to kill you?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: They're trying to kill your family?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You would agree with me that if you were to name a Latin King, because --
LUIS RIVERA: I'm not naming no Latin King, bro.
MR. DECOSTE: I know. So, Katherine Magbanua, nowhere near a gang member, right?
LUIS RIVERA: No.
MR. DECOSTE: Sigfredo Garcia, not a Latin King?
LUIS RIVERA: No, sir.
MR. DECOSTE: wendi Adelson, somebody else you've pointed at, not a Latin King?
LUIS RIVERA: No.
MR. DECOSTE: You would agree with me that had you pointed out a Latin King, that the penalty, although the same, may have been delivered in a much more severe manner?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Let's talk about your cooperation. we're done with the Latin Kings for now. Okay?
Is it a fair agreement that after you were charged in this case, you're brought to Leon County, that you're desperate?
LUIS RIVERA: Desperate like what?
MR. DECOSTE: Like, you're in a jam. You're charged with first degree murder. The evidence is strong. You're looking at the death penalty.
LUIS RIVERA: Yes.
MR. DECOSTE: Let's go through it. So, did you know -- and you may not have -- that there was media all over the place about the case? Your face was all over 20/20, all over the news as involved in the case?
LUIS RIVERA: Yes.
MR. DECOSTE: The evidence in the case was strong. You saw it. They have ATM photos of you. They got the Prius. They got cellphone communications. They got people identifying you up there -- or up here.
LUIS RIVERA: Yes.
MR. DECOSTE: That was a problem, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You're being held in custody, no bond?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: The penalty, guaranteed life, if not the death penalty, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, you had just dealt with snitches on your federal case, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: A guy named King Nano, the second in command to Florida, way above you, testified against the other 22 defendants in the federal case, right?
MS. CAPPLEMAN: Objection. Relevance.
JUDGE WHEELER: Overruled. If you know, you can answer.
LUIS RIVERA: Yes, sir.
BY MR. DECOSTE:
MR. DECOSTE: Nano testified against you, right?
LUIS RIVERA: Yes.
MR. DECOSTE: Despite your gang's rules --
LUIS RIVERA: Yes.
MR. DECOSTE: -- right, and the repercussions?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, you're involved in a case with Sigfredo Garcia who is not a Latin King?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And not under those rules?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: within your arrest paperwork and discovery, Katherine Magbanua's name is all over it, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: She's a mother, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: College graduate?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: works in health care?
MS. CAPPLEMAN: Objection. Relevance.
JUDGE WHEELER: Overruled.
LUIS RIVERA: Yes, sir.
BY MR. DECOSTE:
MR. DECOSTE: Could easily be pressured into testifying against you?
LUIS RIVERA: Yes, sir.
MS. CAPPLEMAN: Objection. Calls for speculation.
JUDGE WHEELER: That's speculation. That will be struck. That's speculation.
MS. CAPPLEMAN: Move to strike. Thank you.
BY MR. DECOSTE:
MR. DECOSTE: Having just gone through a case mere months before where a hardened criminal that lives by a code to not snitch snitched against you, you had a concern that you could be snitched against, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And, again, the feds were involved. And in your words: You can't never beat the feds, man; you can't go to trial with the feds.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, you had a choice. You could not cooperate and surely get killed by the government by way of the death penalty, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Or at best get life in prison?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Or you cooperate, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You get released while you're still young?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You'll be out in your 40s, right?
LUIS RIVERA: Like, 50.
MR. DECOSTE: Now, there's a risk that you get murdered by the gang. But you have the biggest gang protecting you, the government, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: It was the only chance you had to live?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: It was either death penalty and life or take the risk, but you got them for protection?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: But to get this deal, you had to sell yourself, right?
LUIS RIVERA: Cooperate, yes, sir.
MR. DECOSTE: Now, you already knew and they let you know they already had Garcia?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: The evidence against him was equally as strong, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you had the knowledge from the feds that you had just gone through that to get reductions, you have to help further the theory and get new arrests, right? You knew that?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You had to advance their theory to get time off?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: If you could, and I know that it's -- you could be nervous. I want to make sure everybody can hear; so if you could speak up or get closer to the microphone.
Now, I want to talk about the information that you had. Your arrest warrant, that went out in the media, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And your family informed you about it while you were in federal custody?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Jessica -- you spoke to her about it, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, Jessica, she's very smart? She's very intelligent?
LUIS RIVERA: Yes, she is.
MR. DECOSTE: She can figure things out?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: She read, and it was about -- the narrative section of your warrant was about 20 pages single-spaced, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Detailing the government's theory, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: That Katherine Magbanua was in the middle?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Once you're charged and you're here in Tallahassee, you reviewed your discovery with your attorneys, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: They went over with you all the evidence, all the reports that were written in this case, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You know who Craig Isom is, right?
LUIS RIVERA: Yeah. Yes, sir.
MR. DECOSTE: He's the -- so, you have a team, you have the federal agent, and then you have the local investigator, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you know that Investigator Isom wrote a bunch of reports detailing the theory of the case, just like your arrest warrant, right?
LUIS RIVERA: If I know he wrote -- wrote my case?
MR. DECOSTE: No, no. I'm saying that you get in discovery. Your attorneys, when they came to see you, they came with files, right?
LUIS RIVERA: Yeah.
MR. DECOSTE: They came with a lot of paperwork, and that included things like police reports, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And they reviewed that with you?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And ultimately what you did in this case -- you met with law enforcement, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You finally sit down with them come the fall time of 2016, right?
LUIS RIVERA: Yes.
MR. DECOSTE: You knew their theory, right?
LUIS RIVERA: Yes.
MR. DECOSTE: That Katherine was involved, right?
LUIS RIVERA: I knew she was involved, yep.
MR. DECOSTE: And you named the names that they wanted to hear to get a reduction. That's what you did, right?
LUIS RIVERA: I gave them the names, yes.
MR. DECOSTE: You gave the two names that were in the reports and in your discovery -- Wendi Adelson and Katherine Magbanua -- right?
LUIS RIVERA: Yes.
MR. DECOSTE: You did exactly what you said you did in the federal case: You took it and ran?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Agreed to the government's facts, whether truthful or not?
LUIS RIVERA: It's true, but yes.
MR. DECOSTE: You agree that you agreed to untruthful facts?
LUIS RIVERA: No. Everything I said was the truth, or whatever you're trying to say, but --
MR. DECOSTE: I'm here trying to figure out what you've said and done; so you need to tell me. Okay? Please? You agreed to the government's facts, right?
LUIS RIVERA: Yes.
MR. DECOSTE: Now, let's talk about your cooperation agreement. You have an agreement with the State Attorney's Office in exchange for your testimony, right?
LUIS RIVERA: Yes.
MR. DECOSTE: Let's talk about what you get. You get a reduced charge, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: It went from first degree murder down to second degree murder?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You qualify as a habitual felony offender, and that was waived, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: The death penalty was waived?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Other charges were waived, like conspiracy to commit murder, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Solicitation to commit murder?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Possession of a firearm by a convicted felon?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You possessed firearms in this case, and they gave you a pass on those charges as well too?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Are you aware that in the State of Florida, there's a minimum mandatory penalty for a convicted felon possessing a gun?
LUIS RIVERA: Yes, I do.
MR. DECOSTE: They also gave you a pass on an aggravated assault with a firearm?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You told them a story about how a guy, Shoddrick Nobles, the guy that you bought drugs from and the guy that helped you with the Prius -- that he and a bunch of his friends came into the hotel room and that you pulled two guns on them and told them to strip, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, you get a pass on that as well too?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now on this topic of the Prius -- and I just thought about this -- you said that the gas line was shot?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And the car immediately stopped?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: A Prius is electric. You know that, right?
LUIS RIVERA: It was on gas. It stopped.
MR. DECOSTE: You understand it's a hybrid vehicle, though?
LUIS RIVERA: Yes, I do.
MR. DECOSTE: It can run on electricity too?
LUIS RIVERA: Yes, I do.
MR. DECOSTE: So, we're talking about what you get in this cooperation agreement. You get 19 years?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: No minimum mandatory?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, had you been the shooter, you would have gotten a minimum mandatory, right?
LUIS RIVERA: Yes.
MR. DECOSTE: A higher minimum mandatory than just possession of a firearm by convicted felon. You would have gotten a higher penalty, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: If you said you were the shooter, you probably wouldn't have gotten a deal either?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, you couldn't be the shooter?
LUIS RIVERA: I'm not the shooter.
MR. DECOSTE: Let's talk about reductions now. You know what gain time is?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Gain time is that you get a percentage off of your sentence?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: That you'll serve potentially only 85 percent of the 19 years?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, instead of a 19-year sentence, you'll do approximately 16?
LUIS RIVERA: And a half, yes, sir.
MR. DECOSTE: 12 and a half already for federal?
LUIS RIVERA: Uh-huh Caffirmative response). Yes, sir.
MR. DECOSTE: Right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: A mere -- if you can keep speaking up. I want to make sure everybody can hear. A mere 3 and a half years on top of that. So 12 and a half to 16, 3 and a half years for putting two bullets in Professor Markel's head. That was the penalty that they gave you, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Instead of life or the death penalty?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And there's no probation on the back end?
LUIS RIVERA: No, sir.
MR. DECOSTE: You're free and clear?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, you said on direct examination that you don't think that the Bureau of Prisons is any better than the Florida Department of Corrections?
LUIS RIVERA: They're all the same.
MR. DECOSTE: Do you remember on October 2nd of 2019 sitting in that exact same chair?
LUIS RIVERA: Yeah, I remember.
MR. DECOSTE: And do you remember that there was a court reporter right there taking down everything that you were saying?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And that before you said anything from that stand, you agreed to tell the truth, the whole truth, and nothing but the truth?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, Counsel, 10/2. Your Honor, one brief moment?
JUDGE WHEELER: Yes.
MR. DECOSTE: 10/2, afternoon, pages 28 through 29. It's going to take them a second to pull this one up.
BY MR. DECOSTE:
MR. DECOSTE: So, Mr. Rivera, we're talking about which facility is better.
Do you remember being asked the question: And which facility is better? Leon County or the federal -- the federal detention center?
Answer: Of course.
Question: which one?
Answer: The feds.
Question: They got the better food?
Answer: I ain't worried about the food, but it's better.
Question: But it's just generally better, right?
Answer: It's better.
LUIS RIVERA: Yes.
MR. DECOSTE: Okay. So, the feds are better, right?
LUIS RIVERA: It's better because I'm in a facility where I'm getting protected at. It's called protect-- gangs drop out. It's in that same predicament I'm in. That's why I say it's better.
MR. DECOSTE: Mr. Rivera, I don't want to confuse the jury here. what we're talking about is that the federal prisons, the federal jails --
LUIS RIVERA: No, they're not better.
MR. DECOSTE: Their commissary --
LUIS RIVERA: It's just where I'm at right now is better for me. I feel safe right now where I'm at. Where I was before, I wasn't feeling safe. They tried to kill me.
MR. DECOSTE: Your commissary list in federal includes things like slippers and butterscotch candies, right?
LUIS RIVERA: Yeah.
MR. DECOSTE: Yeah. In state, you're lucky to get a towel.
LUIS RIVERA: I've never been in state; so I don't know.
MR. DECOSTE: But you're telling this jury that you know that one is better than the other?
LUIS RIVERA: That's what I hear.
MR. DECOSTE: Okay. So, again, what we're talking about is what you get from your deal. You get protection from them, and you need it, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You need protection from the Latin Kings, right?
LUIS RIVERA: Yes.
MR. DECOSTE: Right?
LUIS RIVERA: Yes.
MR. DECOSTE: You've sent them letters begging for help?
LUIS RIVERA: Yes, sir, I did.
MR. DECOSTE: You also need them for help on that probation violation hearing, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you've tried to get them to help you so that you don't get penalized because Miami is your home turf?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Miami's different. They were after you for a while, and you know that.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You know the gang's prosecutor specifically knows who you are and was hoping to get a chance to go after you, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You need them, right?
LUIS RIVERA: Yes.
MR. DECOSTE: And they need you?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: with that need for protection of your life, be it either 15 years or being killed, that puts you on their leash, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, let's talk about what you have to give. we talked about what you get: The butterscotch candies, the protection. Now let's talk about what you have to give. You have to testify?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You have to testify truthfully?
LUIS RIVERA: Yes.
MR. DECOSTE: Right?
LUIS RIVERA: Yes.
MR. DECOSTE: Completely?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And repeatedly?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: In this trial?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And in any future trials?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And if you fail, then you're violated by the agreement, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And that's what really puts you on their leash, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You have to do whatever they say --
LUIS RIVERA: Yes, sir.
MR. DECOSTE: -- or they violate you?
LUIS RIVERA: Yes.
MR. DECOSTE: And what's worse, it's up to them to determine whether you've been violated or whether you violated, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Let's talk about now -- so we talked about what you get -- what you get for the cooperation. Let's talk about your cooperation now. Let's talk about the first name that you named, wendi Adelson.
You said that on July 17th, 2014, that you saw her on Trescott. This is the same street that you shot the guy on?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You actually saw her at the same house, right? The same house where you committed the murder?
LUIS RIVERA: I didn't see her at the house. I seen her a few houses from the house.
MR. DECOSTE: Are you sure?
LUIS RIVERA: On the same street.
MR. DECOSTE: You didn't see her walk down the driveway and into the house?
LUIS RIVERA: Yes, sir. Yeah, yeah, yeah.
MR. DECOSTE: Okay. So, let's be clear.
LUIS RIVERA: Okay. Slow down. Slow down, though. Slow down.
MR. DECOSTE: Iwill. Iwill. That's a fair request.
You saw her at Professor Markel's house, the same house that you drove down the driveway and shot the guy in the garage?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, when you first saw her, she was walking towards you and Garcia in the car?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You saw her face?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Her light eyes?
LUIS RIVERA: I'm driving.
MR. DECOSTE: You don't remember seeing her eyes?
LUIS RIVERA: I seen her. I seen her.
MR. DECOSTE: You didn't see her gree--
LUIS RIVERA: I seen her face. She got light eyes.
MR. DECOSTE: You didn't see her green -- you didn't see her green-blue eyes?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You saw her green-blue eyes?
LUIS RIVERA: Green-blue eyes.
MR. DECOSTE: I can put this down now, right?
LUIS RIVERA: You can put it right down.
MR. DECOSTE: Okay. You saw her blonde hair?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You saw her with two young boys?
LUIS RIVERA: Yes, I did.
MR. DECOSTE: Now, later in time -- and we're going to jump ahead right now for a second, but we're going to come back. Later in time, law enforcement presented you with a photographic lineup, right, to identify that woman?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you identified somebody and you signed the picture, right?
LUIS RIVERA: Yes, I did.
MR. DECOSTE: Now, we'll go back to you in the car, seeing this woman. You asked Garcia, and Garcia says, That's her. That's wendi, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: That she came to confirm, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And that's when this woman that you allegedly saw goes into the house, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: She walks down the driveway -- the same driveway that you drove down?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: with the two little kids?
LUIS RIVERA: Uh-huh (affirmative response). Yes, sir.
MR. DECOSTE: And goes into the house?
LUIS RIVERA: Yes.
MR. DECOSTE: You ask Garcia again before he calls Katherine, as you allege, and he says that she's here to check on the kids, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, your testimony and your claims are -- is that Garcia calls Katie before you get to the hotel, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And that this is all before 12 noon the day before the murder?
LUIS RIVERA: I don't remember the time but, yes, sir.
MR. DECOSTE: would it refresh your recollection to watch a clip from your October 4th interview?
LUIS RIVERA: Go ahead.
MS. CAPPLEMAN: Judge, I object to refreshing in the presence of the jury.
JUDGE WHEELER: You can't refresh his recollection and play this in front of the jury.
MR. DECOSTE: So, Your Honor, this is where -- what's happening right now is this is going to get played to the headset so he can listen to it.
JUDGE WHEELER: Okay. You can play it to him in the headset.
MR. DECOSTE: That's what's happening.
JUDGE WHEELER: All right.
BY MR. DECOSTE:
MR. DECOSTE: Mr. Rivera, could you put that headset on?
MR. DECOSTE: Your Honor, if I could approach the witness?
JUDGE WHEELER: You can.
MS. CAPPLEMAN: Judge, could the Defense provide a line and page number for the rest of us?
MR. DECOSTE: It's a video, and it is 10/4/2016 at 11:08:17.
MS. CAPPLEMAN: You don't have the page and line?
JUDGE WHEELER: So, you don't have anything on paper?
MR. DECOSTE: No, it's a video.
JUDGE WHEELER: And you haven't provided anything for the State to see it at the same time?
MR. DECOSTE: Your Honor, this is their video, and the witness is illiterate.
MS. CAPPLEMAN: How long is the refreshing portion?
MR. DECOSTE: I would imagine maybe about 30 seconds.
MS. CAPPLEMAN: Maybe I can just listen to it after he listens to it or before.
MR. DECOSTE: Whatever is good for them. I can play it for the government right now.
JUDGE WHEELER: Go ahead and play it for the witness.
BY MR. DECOSTE:
MR. DECOSTE: Mr. Rivera, can you hear that?
LUIS RIVERA: No.
MR. DECOSTE: How about now?
LUIS RIVERA: No.
MR. DECOSTE: Your Honor, what I can do is this. You can take those off. At a break, I can play it for the government, and then we can come back to that for him. Okay?
JUDGE WHEELER: All right, if we need to. But, I mean, he can't refresh his recollection unless he can hear it.
MR. DECOSTE: Correct, Your Honor. I just don't want to play it too loud for the jury.
JUDGE WHEELER: All right.
BY MR. DECOSTE:
MR. DECOSTE: So, Mr. Rivera, you don't remember the time that the phone call was made?
LUIS RIVERA: No, sir, I don't remember.
MR. DECOSTE: Okay. Now, let's talk about connections, first between you and Sigfredo Garcia. You guys met when you were young, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You went to school together?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You and Garcia, you went to school together?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Elementary school?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Biscayne Beach?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: went to middle school together?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: At Nautilus?
LUIS RIVERA: No.
MR. DECOSTE: where'd you go, middle school?
LUIS RIVERA: Jan Mann Opportunity School.
MR. DECOSTE: Then you went to high school together at Miami Beach Senior High?
LUIS RIVERA: No.
MR. DECOSTE: where'd you go to high school?
LUIS RIVERA: I went -- I went to Miami Beach Senior High. I don't remember seeing him there.
MR. DECOSTE: Now, it's in high school that you meet Katherine, right?
LUIS RIVERA: Yes.
MR. DECOSTE: You guys are young. You're teenagers when you-all meet?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Right? You had known Sigfredo since you were little?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Sigfredo meets Katherine in high school?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You meet her through him in high school?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, you ultimately dropped out?
LUIS RIVERA: I didn't drop out. I went to jail. I ain't have no choice but not to go back to school.
MR. DECOSTE: Katie went on to graduate?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: went to college?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Graduated again?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Objection. Asked and answered.
JUDGE WHEELER: Continue.
MR. DECOSTE: Your Honor, if I could, the second question was graduated from college. The first one was graduated from high school.
MS. CAPPLEMAN: Right, but we've already established that as well.
JUDGE WHEELER: All right. You already asked that before, but I'll allow it again, if you know the answer to that.
LUIS RIVERA: Yes.
BY MR. DECOSTE:
MR. DECOSTE: Now, let's talk about Garcia and Katie. And they were very much high school sweethearts, right?
LUIS RIVERA: Yes.
MR. DECOSTE: Bad boy and the good girl?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And while still young, they have two kids together?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: while Katie is still in school?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, Garcia, he tried his best to support, to give for the kids, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you would agree with me that within your culture, that that is a main priority? I'm not talking about the gang culture. I'm talking within your community, the community that Sigfredo Garcia is a part of, just like all communities, that is the main priority to take care of your children?
LUIS RIVERA: Of course.
MR. DECOSTE: Now, Sigfredo Garcia himself, he never went to college?
LUIS RIVERA: I don't know, but maybe no.
MR. DECOSTE: This is a guy you refer to as your brother. You don't know if he went to college?
LUIS RIVERA: Yeah, he's smart. I mean, I don't see why -- no, he didn't go to college.
MR. DECOSTE: He was not steadily employed?
LUIS RIVERA: No.
MR. DECOSTE: worked odd jobs?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: That include dealing drugs?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Consistently?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, you sold drugs, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Cocaine and marijuana?
LUIS RIVERA: Probably my whole life, yes, sir.
MR. DECOSTE: It's a cash business, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: At least in 2014, before things like Venmo -- if you don't know what that is -- or cash apps --
LUIS RIVERA: I don't know.
MR. DECOSTE: -- everything -- when people bought drugs, they gave you cash, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, on at least one occasion, you've robbed drug dealers with Sigfredo Garcia?
MS. CAPPLEMAN: Objection. Relevance.
JUDGE WHEELER: Overruled.
BY MR. DECOSTE:
MR. DECOSTE: It's called a drug rip, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You go to a drug dealer's house. You go in. You steal their stash and their money?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And from that, you get cash?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, ultimately -- and we're talking about Sigfredo Garcia -- there was a breakup. There was many breakups, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: But around the time of the homicide, Katie, who met this bad boy at a young age and had kids and forever tied herself to this man, she kicked him out?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You remember that?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: But they stayed in constant communication because of the kids?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And, look, he was a bad husband/boyfriend, but he was a good father, right?
LUIS RIVERA: Of course.
MR. DECOSTE: He provided?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: He provided with cash support to Katherine?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: For the kids?
LUIS RIVERA: Yes, he did.
MR. DECOSTE: You were asked about Instagram. You remember that, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Counsel? Your Honor, may I approach?
JUDGE WHEELER: You may.
BY MR. DECOSTE:
MR. DECOSTE: Mr. Rivera, I'm showing you what's been premarked as Defense 9. You know what that is, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You know that that's your -- a photo of your Instagram account, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you know that that's a photo of your Instagram account because you set it up yourself?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And that's a fair and accurate depiction of what one would see if they don't follow you on Instagram but went and looked you up?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Defense offers into evidence what's been premarked as Defense 9.
MS. CAPPLEMAN: No objection.
JUDGE WHEELER: Be admitted as Defense Exhibit 9.
(Defense Exhibit 9 received in evidence.)
MR. DECOSTE: Your Honor, may I publish?
JUDGE WHEELER: You may.
(Defense Exhibit 9 published to the jury.)
BY MR. DECOSTE:
MR. DECOSTE: All right. So, Mr. Rivera, you've got 1,282 posts, 72 followers, 126 following, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, you say that you told the government about this post that you put up there. It was a lion?
LUIS RIVERA: A what?
MR. DECOSTE: You said that you put a post of a lion?
LUIS RIVERA: Yes, but that's not the -- a lion? I took a picture of a lion? Yes.
MR. DECOSTE: Okay. Let me back up, because I don't want to confuse you. It wouldn't be fair to you.
So, you said that you were in Tallahassee and that you posted something, and you allege that Katherine got on the phone and was like, Take it down, and gave you an order, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: People don't give the boss of the Latin Kings orders, do they?
LUIS RIVERA: She ain't give me no -- she told him.
MR. DECOSTE: All right.
LUIS RIVERA: Shit.
MR. DECOSTE: And you followed this alleged order, and you took it down, right?
LUIS RIVERA: Yeah.
MR. DECOSTE: Now, of course the government then sent a subpoena to Facebook to get your records just like they did for Ms. Magbanua and Sigfredo Garcia, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: They did do that?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Okay. So, we'd be able to see if that actually ever happened, right?
LUIS RIVERA: I guess.
MR. DECOSTE: Mr. Rivera, I want to talk to you about your mental health. You agree with me that at a young age, you were diagnosed as bipolar, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And with that comes things like mood swings?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Also at around the age of ten years old, you were diagnosed with schizophrenia?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And that comes with delusions and hallucinations, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, although you were diagnosed at the age of ten years old, this is something that you live with throughout your life, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Back in two thousand four-- now, right now you're getting treatment through the Bureau of Prisons, right?
LUIS RIVERA: No, sir.
MR. DECOSTE: But back in 2014, you were self-medicating, right --
LUIS RIVERA: Yes, sir.
MR. DECOSTE: -- although right now you're sober. But back then it was alcohol on every trip, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Cocaine every trip? All the time, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you were taking molly like candy?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: If you could explain to the jury what Molly is?
LUIS RIVERA: I don't know how to explain that.
MR. DECOSTE: Molly is sort of like the drug Ecstasy, correct?
LUIS RIVERA: Like Ecstasy, yep.
MR. DECOSTE: It's sort of like the effects that you would have when you take cocaine, right? That it enhances your mood?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: whereas other drugs bring you down like the medications for those mental health illnesses, you're taking drugs that are ramping you up, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, we talked about the information that you gave against wendi Adelson. Let's talk about the core of this case now, what you say or claim Katherine Magbanua did. Ultimately she is the one in the middle, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, the first thing -- the first thing that you say is that you had conversations, and we're talking about the three points -- the three pieces of evidence that you claim to have against Ms. Magbanua.
Your conversations with Garcia that Katie was hiring him, that's part of your testimony, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: That you were somehow just, like, an assistant?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Mr. Rivera, I'm going to ask you an open-ended question. when did you find out it was going to be a murder?
LUIS RIVERA: Halfway up here.
MR. DECOSTE: One brief moment, Your Honor, to switch over here.
JUDGE WHEELER: Yes.
BY MR. DECOSTE:
MR. DECOSTE: Mr. Rivera, you remember on October 4th of 2016, right after you enter into the deal to cooperate the day before, where you met with Agent Sanford, with Investigator Isom, with Investigator Monica Jordan, and your attorney, Mr. Collins -- that you met with them all to give your proffer -- your information about the case, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, before that meeting, you swore to tell them the truth and the whole truth, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Your testimony a moment ago is that you found out halfway up here, right?
LUIS RIVERA: Yes, sir.
MS. CAPPLEMAN: Objection, Your Honor. Improper impeachment.
JUDGE WHEELER: Hold on. Hold on a second. This hasn't been admitted into evidence.
MR. DECOSTE: Correct, Your Honor. This is impeachment.
JUDGE WHEELER: What's your objection?
MS. CAPPLEMAN: Improper impeachment, Your Honor.
MR. DECOSTE: Your Honor, this is a 30-second clip directly on this point.
JUDGE WHEELER: You may proceed.
(Video recording published in open court. This transcription should not be considered a verbatim record due to audio quality.)
(Video begins:)
AUDIO RECORDING: What caused you to come to Tallahassee the very first time?
LUIS RIVERA: The first time I was coming up here, (inaudible), you know. So, when I get in the car, that's when Garcia told me what we were coming up here for, because we had to kill somebody.
AUDIO RECORDING: So, before you got in the car, you had a conversation with Sigfredo Garcia to go.
LUIS RIVERA: Yeah.
AUDIO RECORDING: At your house? And he says he wants you to go with him to Tallahassee?
LUIS RIVERA: Yeah.
AUDIO RECORDING: To do a drug robbery?
LUIS RIVERA: That day he was talking to me, I thought it was going to be a robbery.
AUDIO RECORDING: Just a robbery?
LUIS RIVERA: TI thought it was going to be a simple robbery. But then as we -- as we kept going on talking about it, that's when he told me, Listen, we're coming back up here for a job. I'm fixing to get hired -- getting hired to kill somebody.
AUDIO RECORDING: Had you already left or was that before you --
LUIS RIVERA: No, I was still -- I was still at my house. And I rented a car. We get in the car, and he (inaudible) I'm going to kill this guy. You're going to get paid this much, $35,000. (Inaudible). That's a lot of money.
Like, All right, let's drive. we driving. He shows me the picture of Markel. That's the first time I seena picture of him and I heard about his name. But he told me his name (inaudible) Markel.
(Inaudible) because I'm not going to learn his fucking name. Just show me the picture. I just seen the picture Cinaudible). Come up here the first night; we rented a hotel.
AUDIO RECORDING: I hate to interrupt you, but I do -- I want to make sure we're talking about the first trip.
LUIS RIVERA: The first trip.
AUDIO RECORDING: And you rented the car.
LUIS RIVERA: No, the car was not in my name.
AUDIO RECORDING: And is it a rental car?
LUIS RIVERA: It's a rental car.
AUDIO RECORDING: Rental car? And who rented the car?
LUIS RIVERA: It was Garcia. He came -- he came with the car.
AUDIO RECORDING: He came with the car?
LUIS RIVERA: He came with the car.
AUDIO RECORDING: To your place?
LUIS RIVERA: He came over to homeboy's house.
AUDIO RECORDING: where's that?
LUIS RIVERA: (Inaudible). He picked me up and I left. You know, he was like, Yo, what's up. Let's go.
AUDIO RECORDING: (Inaudible).
LUIS RIVERA: He already told me the story. we rented a car and drove up here that same day. (Inaudible). Wednesday. It was wednesday.
AUDIO RECORDING: You knew that the purpose of him renting the car was to drive to Tallahassee with it?
LUIS RIVERA: Yes, sir.
AUDIO RECORDING: So, he already told you, I'm going to rent a car? Or he shows up and says, I rented a car?
LUIS RIVERA: No, he said, I got to rent a car. He rented a car. He said, I'm going to go rent a car (inaudible) and then --
AUDIO RECORDING: So, you knew that the story -- the first version is you were coming up here to rob somebody, and he said, I got to go rent a car?
LUIS RIVERA: Yeah.
AUDIO RECORDING: It changed to murder before or after he rented the car?
LUIS RIVERA: No, before he rented the car, we was at the house. He's just, like --
AUDIO RECORDING: (Inaudible).
LUIS RIVERA: So, I want to be straight up, make sure everything is all right.
(End of video.)
BY MR. DECOSTE:
MR. DECOSTE: So, Mr. Rivera, your testimony on direct examination was "halfway up there"?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: But in your statement that you made in 2016, years ago, your testimony was that there was a conversation at the house before the first trip, before the car was even rented, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, when you were asked that in that interview, you didn't say, Oh, look, I don't remember, but I think it was this, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you didn't say that when the government asked you the question either, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Your Honor, the Defense has a CD of that. It's been premarked as Defense 7. And we'd like to offer it into evidence not for the truth of the matter asserted.
JUDGE WHEELER: Any objection?
MS. CAPPLEMAN: Yes, Your Honor. He's admitted to making the statement. How does it come in as evidence? I mean, it's already been published; so I don't know what difference it makes. But I still don't think it's admissible.
JUDGE WHEELER: AITl right. It's marked as what exhibit?
MR. DECOSTE: It's premarked as Defense 7.
JUDGE WHEELER: It will be admitted as Defense 7.
(Defense Exhibit 7 received in evidence.)
MS. CAPPLEMAN: And is that the entire interview?
MR. DECOSTE: No, it's just that clip. we would prefer to enter in the entire if the government would allow.
JUDGE WHEELER: we're not talking about that right now.
MR. DECOSTE: Understood, Your Honor.
BY MR. DECOSTE:
MR. DECOSTE: So, Mr. Rivera, that's the first thing that we talked -- that you talked about, that you gave to the government is the direct evidence against Ms. Magbanua, your conversations with Garcia, right? And now the next thing that you claim is Garcia's calls with Katherine, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And one of those was the phone call that was placed after the murder, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: where you claim that he said, It's done, and that she says, I know?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Along those lines, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Again, you had your discovery, right --
LUIS RIVERA: Yes, sir.
MR. DECOSTE: -- through your attorneys?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And in that it had reports and it had an explanation that there was phone calls at certain times, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You didn't have to make up that the phone call happened, right?
LUIS RIVERA: NO.
MR. DECOSTE: All you had to do was make up what was said?
LUIS RIVERA: I didn't make up nothing.
MR. DECOSTE: Let's talk about --
LUIS RIVERA: It's the truth.
MR. DECOSTE: -- the third -- let's talk about the third thing, July 19th, Saturday morning. Now, you claim that you were at the barbershop, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And that barbershop is called King Reye?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And for the record, that's R-E-Y-E.
BY MR. DECOSTE:
MR. DECOSTE: And that's up on 135th and Biscayne, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Your Honor, one brief moment. I'll confer with the government.
BY MR. DECOSTE:
MR. DECOSTE: So, Mr. Rivera, I'm showing you what has been premarked as a Defense demonstrative. You recognize that this building right here in the middle, right --
LUIS RIVERA: Yes, sir.
MR. DECOSTE: -- that's where Jessica lived, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, for correction, on direct examination, Ms. Cappleman told you that it was 1515 Northeast 135th. Does it refresh your recollection if I tell you it was 1505?
LUIS RIVERA: No.
MR. DECOSTE: All right. But you agree with me that that's her building right there in the middle?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, on Saturday morning, July 19th, you leave that location, right, you claim?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, can you still see Jessica's location right here in the middle?
LUIS RIVERA: Yeah.
MR. DECOSTE: You would agree with me that that map is accurate?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now panning out even more. Now, you lived in Miami your whole life, right?
LUIS RIVERA: Of course.
MR. DECOSTE: So, you know the maps of Miami?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You have Jessica right here at 1505 Northeast 135th, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And Biscayne runs --
LUIS RIVERA: Right down.
MR. DECOSTE: -- north to south right there. Now, she's down here at 1505. King Reye's is north up here, right?
LUIS RIVERA: Yes.
MR. DECOSTE: It's a barbershop you go to every single Saturday; so you know exactly where it is?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, you'd agree with me that this is panning out even more, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, you've got Jessica's right here?
LUIS RIVERA: Yes.
MR. DECOSTE: And Saturday morning, you're up here at King Reye's?
LUIS RIVERA: Yes.
MR. DECOSTE: And you claim you get a phone call and rush right back?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: This is Normandy Isle, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, Normandy Isle is where the mother of your other children live, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And that's Annie Diaz, right?
LUIS RIVERA: Yes.
MR. DECOSTE: Annie Diaz, her family, your kids, that's where they live?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And just so that we're clear, what we're talking about is that this island right here is Normandy Isle?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Just to be clear, this is Normandy again right here. So Jessica, King Reye's, Normandy, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, let's go through what you say happens the morning of July 19th. So, you claim that Katie called you, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, the discovery -- the reports said that there was a phone call on July 19th between you and Katherine, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: But it didn't say who called who, right?
LUIS RIVERA: No.
MR. DECOSTE: You say that she called you, but, in fact, the call detail records in evidence show that you called her?
LUIS RIVERA: I didn't call her.
MR. DECOSTE: Do you have any reason to believe that the cellphone records are inaccurate?
LUIS RIVERA: I don't know nothing about no cellphone records.
MR. DECOSTE: So, you then call Hibaro?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, Hibaro is spelled H-I-B-A-R-O?
LUIS RIVERA: Don't know how to spell it.
MR. DECOSTE: But you do know that he's a Latin King?
LUIS RIVERA: was.
MR. DECOSTE: He died in 2017?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: After the murder and after your arrest and after your cooperation?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: He goes by the name of King Anthony?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You had him go pick up Sigfredo Garcia?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: To help them apparently get to Jessica's house for this meeting, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now you also claim that while you're at the barbershop, King Reye's, which is north of that little red dot, that Jessica Rodriguez called you, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And said, Katie and Garcia are at the house?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, you rush from King Reye's down to Jessica's house. You claim that you rush from right here, down here, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, when you get there, you claim that Katie and Garcia are there, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, you had your cellphone -- the cellphone that you use on you when you were at the barbershop, right? And that's how these communications were happening?
LUIS RIVERA: I have two cell phones.
MR. DECOSTE: But obviously the phone that you're using to communicate with Ms. Magbanua -- the phone that you're using to communicate with Ms. Magbanua -- obviously you have that in your possession, right? It's not somebody else having those phone calls?
LUIS RIVERA: I had one, and the other one had Anthony.
MR. DECOSTE: Okay. So, you have a phone on you that you're using to communicate with Ms. Magbanua, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: All right. And what is your explanation to the jury of why that phone that's communicating with Ms. Magbanua is right there when the phone calls are happening in Normandy Isle and not where you claim it to be?
LUIS RIVERA: I have two phones. Anthony had my other phone, and he's going that way to go pick up Tuto. It's right around the corner, not too far from each other. That same little area where Shrimp lived at.
MR. DECOSTE: Mr. Rivera, you've given one, two, three, four, five, six -- this is your eleventh time testifying. Have you ever said that before, that you gave your phone to King Anthony and that's why your cellphone --
LUIS RIVERA: I believe I said it one time before. It should be on record, but I have said it one time before. And it beena long time. It been eight years.
MR. DECOSTE: So, that same phone that went with you to Tallahassee, the same phone that you had that was used for all the communication, it just so happens to be that that phone is not in your possession, the one that's communicating -- just like you're saying -- was communicating with Ms. Magbanua on that morning?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So, then what's the other phone number? what's the other number?
LUIS RIVERA: I don't know the number.
MR. DECOSTE: You never told them, right?
LUIS RIVERA: I don't know the phone number.
MR. DECOSTE: And we don't have the cell phone records?
LUIS RIVERA: I can't remember -- if I remembered it before, I can't remember. It been eight years total. who's going to remember a phone number?
MR. DECOSTE: So, let's go back in time to October of 2016, when you did that recorded interview. Did you say anything about this?
LUIS RIVERA: Can't remember if I did or not.
MR. DECOSTE: Your cooperation agreement is to give the complete truth, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You never said that, did you?
LUIS RIVERA: I can't remember.
MR. DECOSTE: In fact, you claimed, you claimed that that number that ends in 8153, the one that's communicating with Ms. Magbanua, the one that was on Normandy Isle and doesn't fit your story, was in your possession, right?
LUIS RIVERA: Yes.
MR. DECOSTE: Now, let's talk about Jessica Rodriguez. She was interviewed about this meeting multiple times, right? You know that?
LUIS RIVERA: Yes.
MR. DECOSTE: About that morning?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, before they did one of the interviews, law enforcement allowed you to have a phone call with her from one of their phones that was unrecorded, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And then right after that, a female investigator, Investigator Bennett, on a recorded phone -- phone call that's recorded, had an interview with Jessica about what happened = that morning, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Have you heard what Jessica said happened?
LUIS RIVERA: No.
MR. DECOSTE: Now, I'm going back to your discovery, the reports. You didn't have to make all this up, the communications, right?
LUIS RIVERA: I didn't make nothing up.
MR. DECOSTE: You just had to pepper in some small details so that you could get that deal, right?
LUIS RIVERA: No. Everything I said was the truth. I didn't make nothing up.
MR. DECOSTE: You didn't have the direction of the phone calls. But from the reports, you knew that there were phone calls in between certain people that morning, right?
LUIS RIVERA: Yes.
MR. DECOSTE: And that's why your story doesn't fit the evidence, right?
LUIS RIVERA: Yes.
MR. DECOSTE: Because you made up facts without knowing all the details?
LUIS RIVERA: I didn't make nothing up.
MR. DECOSTE: And you know the phrase that the devil is in the details, right?
LUIS RIVERA: I didn't make nothing up.
MR. DECOSTE: So, let's talk about your prior meetings. Now, this is after you decide to cooperate. You meet with your attorneys a bunch. Basically every time you call, they came, right?
LUIS RIVERA: Something like that.
MR. DECOSTE: Now, you had many meetings with law enforcement as well, right?
LUIS RIVERA: Yes.
MR. DECOSTE: On August 8th, 2016, there was a setup where you're in a room with your attorneys, the agent, the federal agent, and Ms. Cappleman. And other people, other prosecutors, are in the other room, right?
LUIS RIVERA: Yes.
MR. DECOSTE: And messages are being passed between them in the other room. Your attorney's basically going from room to room passing the message back and forth.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You cannot remember the questions?
LUIS RIVERA: No.
MR. DECOSTE: You cannot remember the answers?
LUIS RIVERA: No.
MR. DECOSTE: It was unrecorded?
LUIS RIVERA: Yes.
MR. DECOSTE: But you agree with me that on that day, no deal was struck?
LUIS RIVERA: No.
MR. DECOSTE: On September 29th, 2016, you have the same setup: Your attorney running back and forth in between the rooms, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You're giving your version, all the information. You're showcasing what information you have, right?
LUIS RIVERA: Yes.
MR. DECOSTE: And it's unrecorded?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: The following day, September 30th, there's a different setup where Agent Sanford, Investigator Isom are in the room with you, and they're actually talking to you face-to-face. Now you're giving your statement directly to law enforcement at that point, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: They know you have your discovery, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And they don't record that statement, right?
LUIS RIVERA: Yes.
MR. DECOSTE: On October 3rd you meet with them again, and it again is unrecorded?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And it's not until after all of those rehearsals on October 4th, the video that we saw, that you're finally recorded?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Mr. Rivera, I need you to tell this jury the truth. Garcia came to you to commit this murder, but he didn't mention Katie, right?
LUIS RIVERA: Katie been involved the whole time, dog.
MR. DECOSTE: Garcia came to you, and he didn't mention who was hiring him, right?
LUIS RIVERA: Yes, he did.
MR. DECOSTE: Now, you knew that cooperating just against Sigfredo Garcia, it wouldn't help you, right?
LUIS RIVERA: She's involved.
MR. DECOSTE: You said that you know that?
LUIS RIVERA: She's the mastermind. She was in the middle of this.
MR. DECOSTE: But cooperating against Garcia -- that's my question -- you agree with me that that wouldn't help you?
LUIS RIVERA: No, I don't agree with you with that.
MR. DECOSTE: If you had just implicated Garcia, you already agreed you would not have gotten a deal. You know that, right?
LUIS RIVERA: Since day one I mentioned her name.
MR. DECOSTE: They laid it out for you who they wanted, right?
LUIS RIVERA: No.
MR. DECOSTE: They told you you already --
LUIS RIVERA: I gave them the truth, bro. I'm not going to go back and forth with you. Man, I gave them the truth. Like, it was Katie and Garcia. It was all three of us involved.
MR. DECOSTE: Mr. Rivera --
LUIS RIVERA: That's the truth, man.
MR. DECOSTE: Mr. Rivera, you've already agreed with me that you knew from the reports that the people that they wanted were wendi Adelson and Katherine Magbanua. You have already agreed with me that you were in a tough position. And you already told this jury how in your --
LUIS RIVERA: That's true, but I'm still telling the truth --
MR. DECOSTE: I understand.
LUIS RIVERA: -- that she was involved since day one.
MR. DECOSTE: Let me get the question out. Let me get the question out. And you've already told this jury, right, that in your federal case, you took it and ran because you can't fight the feds, right?
LUIS RIVERA: That's true.
MR. DECOSTE: And that's what you did here. You took it and ran, and with it you took Katie's innocence?
LUIS RIVERA: No, I'm not taking innocence. She's guilty just like all three us of was guilty, man.
MR. DECOSTE: And the reason why you're okay -- and we're talking about the truth that we're hoping to get here -- that you blame Garcia for all of this, don't you, for getting arrested? You blame him?
LUIS RIVERA: Yes.
MR. DECOSTE: He messed up?
LUIS RIVERA: we all messed up.
MR. DECOSTE: No. But he used the phone and he called, and he called Harvey Adelson. You know about that, right?
LUIS RIVERA: who?
MR. DECOSTE: You know that Sigfredo Garcia placed a phone call that ultimately got you caught, right? You know that?
LUIS RIVERA: I can't remember that. Refresh my memory, please.
MR. DECOSTE: I've got a second deposition, pages 237 to 238.
BY MR. DECOSTE:
MR. DECOSTE: Now, Mr. Rivera, you can't read, right?
LUIS RIVERA: Yes, sir, I can't.
MR. DECOSTE: So -- now, just a quick question on that. And I'm not -- I don't mean to make fun of illiteracy. But you went to high school until 15 or 16, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You then went to william Turner Tech High School, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You went to masonry class, and you got OSHA certified, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Certified operator?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Heavy equipment and machines?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you had to take a written test?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: At USP Tucson, you're going to school to get your GED?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you got it, right?
LUIS RIVERA: No. I wish I did.
MR. DECOSTE: But you did get your license. we know that from the citation, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And to get your license in the State of Florida, you have to take a monitored written exam?
LUIS RIVERA: You just pay somebody and get your license and get out of it. You know, I know people.
MR. DECOSTE: And you're okay with doing things like that?
LUIS RIVERA: I was fine with it.
MR. DECOSTE: Cheating the system?
LUIS RIVERA: I had to get my license someway, somehow.
MR. DECOSTE: Just like you had to get a reduction --
LUIS RIVERA: I didn't cheat --
MR. DECOSTE: -- in your sentence?
LUIS RIVERA: I didn't cheat this system. I told nothing but the truth.
MR. DECOSTE: Okay. Now, Mr. Rivera, is the reason why you're saying you're illiterate is because you don't want to be confronted with your words?
LUIS RIVERA: No. I can't read, bro.
MR. DECOSTE: All right. well --
LUIS RIVERA: I'm not going to keep throwing -- boy.
MR. DECOSTE: Thankfully, I thought about this.
MR. DECOSTE: If I could have one second, Your Honor. +BY MR. DECOSTE:
MR. DECOSTE: Mr. Rivera, what I have for you here is a headset. I want you to put that on.
MR. DECOSTE: Does Your Honor want one?
LUIS RIVERA: No. Let me see what he got going on first.
JUDGE WHEELER: You're going to have somebody read it to him? Is that what you're going to do?
MR. DECOSTE: Yeah.
BY MR. DECOSTE:
MR. DECOSTE: Mr. Rivera, can you hear me?
MR. DECOSTE: One brief second, Your Honor.
JUDGE WHEELER: Mr. DeCoste, if you're going to read it to him, you're still in front of the jury.
MR. DECOSTE: Oh, no, no, Your Honor. I'd walk away.
JUDGE WHEELER: All right.
MR. DECOSTE: So, why don't I do this to make it clear -- because I know that Your Honor wanted to end at 5:00 -- I'll save this topic, all right, and I'll move on to a next one. And then I can give a stopping point because we're at a good one in a moment. All right?
BY MR. DECOSTE:
MR. DECOSTE: So, Mr. Rivera, we're going to come back to that. Okay? But do you deny that you believe that Sigfredo Garcia messed up when he used the phone?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You disagree that he messed up by using the phone?
LUIS RIVERA: Yeah, of course. If you use the phone, you messed up.
MR. DECOSTE: Okay. So, then we don't have to go through this whole process. You agree with me that he used the phone, and ultimately that got you guys caught?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: All right. And that gave you justification to take down him and his family, right?
LUIS RIVERA: Said nothing but the truth, yes.
MR. DECOSTE: To take down him and his girl. You already told this jury if you go against a Latin King, you're at risk and so is your family, right? That's what you said? That's the code that you live by, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And he wronged you by getting you caught?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you were able to justify taking him down and his family?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Your Honor, this would be a great point --
JUDGE WHEELER: To stop?
MR. DECOSTE: Unless Your Honor wants me to keep going. But the next topic is -- it's hard to get into in the next couple of minutes.
JUDGE WHEELER: All right. Okay. why don't we stop for the day then, and we'll continue with the cross-examination in the morning. All right?
So, I'll release you for the day. Again, the instruction is not to have any conversations with anyone, don't look at any local news or any other news, don't have any internet research, anything like that. And we will see you back tomorrow, again at 8:30, and then we'll start with the testimony in the morning. Okay? All right. The deputy will take you out. we're still in session; so everybody please remain quiet in the courtroom.
(Jury exits courtroom.)
JUDGE WHEELER: All right. The jury is out of the courtroom. The door is closed. And so let's just go over a few things that we need to address from today and then also how we'll be proceeding tomorrow.
In regards to -- Ms. Cappleman, in regards to the co-conspirator hearsay that was set forth in the testimony, do you want to put on the record what the independent evidence was so that the Court can make a determination as to its admissibility?
MS. CAPPLEMAN: Yes, sir. Do you want me to do that in the presence of the witness?
JUDGE WHEELER: I guess that's right. we should probably excuse the witness for the day. So, we'll take the witness out, and then we'll go ahead and we'll bring him back at 8:30. Is that fine? Thank you.
All right. Thank you for reminding me of that. witness is out of the courtroom.
MS. CAPPLEMAN: Yes, sir. So, the independent evidence separate from Sigfredo Garcia's rendition to this witness of Defendant's statements is that he overheard her voice over the phone indicating -- being told that the job was done and indicating that she knew, indicating that she would retrieve the money the next day, and then she did retrieve the money the next day and delivered the money to this witness.
MS. KAWASS: And, Your Honor, unfortunately that argument is going to fail for Ms. Cappleman because the object of conspiracy is completed once the object of the conspiracy is -- which is the murder. So anything after the murder is completed doesn't apply to a co-conspirator. So --
MS. CAPPLEMAN: I don't agree.
MS. KAWASS: -- that statement that he claims that he made was after the conspiracy. So, up until that point, she hasn't presented any independent evidence to this Court that the conspiracy existed to allow all of the statements that occurred prior to that.
JUDGE WHEELER: Ms. Cappleman, doesn't --
MS. CAPPLEMAN: I'm sorry. I thought she was done when I started speaking.
JUDGE WHEELER: Doesn't the conspiracy end once the murder is complete?
MS. CAPPLEMAN: No, sir. I believe payment for the conspiracy is part of the conspiracy -- payment for the murder.
MS. KAWASS: And, Your Honor, I just direct the Court's attention to Brook v. State. I believe that's one of the cases that makes it abundantly clear that any efforts afterwards do not go to the conspiracy, and that once the object of the agreement is completed, then the conspiracy part of it is over. I'm just letting you know what my interpretation of the law is, and I believe I'm correctly relying on the right case. It's the same case that's cited throughout all of our motions in limine, Judge: The Florida Supreme Court case of Brook v. State.
JUDGE WHEELER: Ms. Cappleman, do you have any case law to present to the Court that the conspiracy continues after the murder is complete?
MS. CAPPLEMAN: No, sir. I'll have to get that to you in the morning, if that's acceptable.
JUDGE WHEELER: All right. well, I'm going to have to see that because the case law that I have read up to this point is that the conspiracy is complete once the murder is complete, which is the object of the conspiracy. So, I'll need to see that to see -- and then whether or not you have any other independent evidence so that testimony is admissible under the co-conspirator exception to hearsay.
All right. In regards to how we are proceeding with some of these things, first of all, I would appreciate if you would put me on notice if you are going to use some of these things so that we can prepare for that and that it's not a fiasco here in the courtroom when we're trying to use independent items and try to get things -- headsets to certain people, and I want to make sure that we run it orderly. So, if you have anything else like that that's coming down the pipeline, I need to know about that ahead of time. Do you understand?
MR. DECOSTE: NO more theatrics. Yes, Your Honor.
JUDGE WHEELER: All right. Thank you. And if you're going to use any other video or headsets or any of these, I mean, it needs to be done in an efficient way, whether you're going to use paper, something else is going to need to be done, or you're going to have to have a third party. I understand he can't read, and so it's a more difficult thing to do. But I don't think you running around with a computer, you know, trying to go over behind the pylon and stating it to him is the most efficient way to do things. If you have an independent party that can do something like that and we have to do jt that way, then let's make sure that we're doing it in a manner that's sufficient for everybody here in the courtroom.
MR. DECOSTE: would it be -- and sorry for standing prematurely. would it be okay for Your Honor -- I'l] have the transcripts up there, and if and when the moment happens, one of the -- Ms. Kawass can read it from there. And it can be done quietly because we can turn up the volume.
There's really only a few points that I think it may be needed on. It's only when he doesn't remember. But he's doing pretty good at answering questions, and so we went past dozens of times that I thought it would have to be. But what we can do is that -- yeah, it's got a half mile range; so she can easily step away. And it can be whispered, and he should be able to hear it.
JUDGE WHEELER: All right. First of all, if it's a pretty simple part of the transcript, maybe you want to see if he can -- I know he says he can't read, but he might be able to do -- just like some people can't speak English, but then they can get by with certain things. So maybe we want to see if he can have an understanding of it first and answer the questions based on that. And then if he cannot, then perhaps somebody can be up here and state it to him in a quiet manner out of the earshot of the jury. That's probably the most efficient way. And if we feel that we can't do it out of the earshot of the jury, which I think we can because they're far enough away -- then somebody else doing it if it needs to be read.
MR. DECOSTE: we can do that.
JUDGE WHEELER: And if these are working properly -- did you test them? Do we know if they're working?
MR. DECOSTE: Oh, yes, yes. They're used on boats for crew, and I spent a lot of time making sure that they're working correctly, the range, that you can't overhear it, so --
JUDGE WHEELER: All right. Here in the courtroom? Have you made sure of that?
MR. DECOSTE: I don't think --
JUDGE WHEELER: Sometimes we have things that work outside the courtroom, and all of a sudden we get in here with witnesses and we have problems, we can see, a lot of times with the tech stuff. So, let's just make sure, if we're going to do that, let's --
MR. DECOSTE: I did a dry run --
JUDGE WHEELER: -- do it orderly and without running around the courtroom for the jury. Okay?
MR. DECOSTE: I did a dry run a bunch of times, but that can be the third option. The first one will be -- he can try -- if the Court wants me to do this -- first, if he can read it, which I personally think he can. If not, if it's short, one of the Kawass sisters can read it directly to him quietly. And then third, if it's something long, we can use the headset.
JUDGE WHEELER: I think one and two is probably the most efficient way to get it done.
MR. DECOSTE: we'll do that.
JUDGE WHEELER: All right. Tomorrow, Ms. Cappleman, in regards to witnesses that are going to be called, what is your planning for tomorrow?
MS. CAPPLEMAN: All right. So, okay, tomorrow we plan to call Mr. Nunez, which will be a short witness. And then we'll go into Sergeant Corbitt, which will be quite a long witness and probably take up the remainder of the day.
JUDGE WHEELER: All right. And so you'll start him in the morning, and he'll continue into the afternoon?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: Okay. What I want to shoot for -- this jury has been extremely patient. They've been extremely attentive. They've been very timely. And so I want to shoot for getting them home for the weekend at our midafternoon break. Okay? So, that would be around 3:00, 3:30. I want to shoot for that and complete our day on Friday at 3:00 or 3:30 so that they can have some time during the week for themselves, okay, before the weekend. So, that is a goal. I understand if, for some reason, we need to continue a little bit later, but I want to do that for the jury.
All right. Anything else before we break for the evening from the Defense?
MS. CAPPLEMAN: Nothing from the State.
MR. DECOSTE: Nothing from the Defense.
JUDGE WHEELER: Nothing from the State also. Okay. All right. So, we're in recess. Again, the jury will be here at 8:30 in the morning. And so we've been starting promptly at 8:45, and we'll shoot for that again. Okay? All right. Thank you, everyone. Have a good evening.
(Court in recess.)