Day 3 - May 20, 2022
Rivera’s cross-examination and redirect continued as rental and phone-record testimony followed. The court addressed newly disclosed jail calls and disputed iCloud contact information.
Full day summary
7:35:401. Luis Rivera — Cross (Continued)/Redirect
Before the jury entered, the court barred use of newly disclosed jail calls that day and set further review for Monday. Luis Rivera then continued cross-examination and redirect testimony about prior statements, Tallahassee trips, and Katherine Magbanua's alleged role.
Highlights
Luis Rivera - Cross (Part 2)impeachmentAfter Rivera said he could not remember how many guns were brought on the murder trip, audio of his 2016 statement was played to refresh his recollection; he then answered that one gun was brought, after having testified on direct that there were two.Untimely Jail Call Discovery — Richardson Hearing Ordered for MondayrulingThe court directed both sides to review the calls over the weekend and set a Monday hearing to determine whether the calls would be used and, if so, to conduct a Richardson hearing based on the court's ruling.
3. Christopher Corbitt — Direct
Sergeant Christopher Corbitt continued his phone-record and cell-site testimony, followed by a dispute outside the jury's presence over an iCloud contact labeled “Tato.”
Direct1050 lines
Christopher Corbitt - Direct Christopher Corbitt Sarah Kathryn Dugan
3 sidebars inside this proceeding
- Cell-Phone Map PresentationThe parties disputed whether a cell-phone map presentation was an admissible summary or an advocacy-oriented demonstrative, including how it described locations and communications.
- Disputed Rivera Phone NumberThe parties disputed whether the evidence supported identifying a phone number on a demonstrative as Luis Rivera's.
- Disputed Phone Number AttributionCounsel disputed whether a phone number shown on a slide could be attributed to Anthony Ortiz without supporting records or direct testimony.
Procedural46 lines
Jury dismissed for weekend; exhibit list reconciled and Monday witnesses previewed
Highlights
Christopher Corbitt - Directtestimony highlightCorbitt explained that cell-site analysis can establish whether a location is included in a sector's coverage area, but cannot place a handset at an exact spot.Christopher Corbitt - Direct“I cannot say exactly where a handset is. with the records that we have and that information, there is no way for me to say with certainty that that handset was in the parking lot of Premier Health and Fitness.”— Christopher CorbittStates the central limitation of the location analysis while explaining why the testimony uses consistency rather than precise placement.OJP — Proffer on 'Tato' iCloud Contact / Richardson Hearing ArgumentrulingJudge Wheeler ruled that proposed testimony concerning the 934 number could be admitted because the witness's information came from material previously provided to the defense, and declined to hold a Richardson hearing on that record.OJP — Proffer on 'Tato' iCloud Contact / Richardson Hearing Argument“Now, if we run into a situation where it exists and it hasn't been provided to you, and I know that for sure, and now you've got it, then I'll have a Richardson hearing based on that.”— Robert R. WheelerThe court preserved the possibility of a later discovery hearing if non-disclosure were established.Christopher Corbitt - Direct (Continued)testimony highlightCorbitt testified that the attempted June call and the two attempted July calls to that number did not connect, and that it was not Rivera's working number at the time.