3.Christopher Corbitt — Direct
1,304 linesJUDGE WHEELER: All right. Please be seated.
State may call its next witness.
MS. DUGAN: State calls Sergeant Chris Corbitt.
JUDGE WHEELER: Sergeant Chris Corbitt, please.
Good morning.
WALDO MESA NUNEZ: Good morning, sir.
JUDGE WHEELER: Before you have a seat, we're going to swear you in. Please raise your right hand. Respond to the clerk.
whereupon, SERGEANT CHRIS CORBITT, was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE WHEELER: Please have a seat.
CHRISTOPHER CORBITT: Thank you, sir.
DIRECT EXAMINATION BY MS. DUGAN:
MS. DUGAN: Good morning.
CHRISTOPHER CORBITT: Good morning.
MS. DUGAN: will you introduce yourself to the jury and spell your name for the court reporter, please?
CHRISTOPHER CORBITT: Certainly. My name is Christopher Corbitt. That's C-O-R-B-I-T-T. And I am a sergeant with the City of Tallahassee Police Department.
MS. DUGAN: Are you a sworn law enforcement officer, Sergeant Corbitt?
CHRISTOPHER CORBITT: yes, I am.
MS. DUGAN: How long have you been with Tallahassee Police Department?
CHRISTOPHER CORBITT: I have been with the Tallahassee Police Department for coming up on 27 years. And I have been a sworn law enforcement officer for almost 30.
MS. DUGAN: And what's your assignment there at TPD?
CHRISTOPHER CORBITT: I currently supervise the Technical Operations Unit. And that is a unit within the agency that is responsible for sort of all the high-tech -- or ways we use technology to assist in criminal investigations.
MS. DUGAN: And how long have you been a sergeant -- I'm sorry. Please finish.
CHRISTOPHER CORBITT: So the Technical Unit is -- Technical Operations Unit is responsible for things such as computer and mobile device forensics. It could be audio/video monitoring or audio/video retrieval, CCTV retrieval. And then communication record analysis, which is what I spend most of my time doing.
MS. DUGAN: And how long have you been a sergeant with that unit?
CHRISTOPHER CORBITT: I believe I was promoted in 2012 for that unit.
MS. DUGAN: Can you tell us a little bit about your background and training in the areas of cell phone analysis?
CHRISTOPHER CORBITT: Yes. I have over 1,400, 1,480-some hours of general technical knowledge and training. I have almost 780 hours of technical training specific to cell phones or cell phone analysis. And that includes things such as analysis of the records, mapping records, how the cell phones themselves operate, how the network operates, radio frequency propagation or how radio waves move around.
In addition to that training, I also provide instruction to law enforcement officers around the country. I provide instruction on communication and other digital evidence to analysts and prosecutors throughout the state. And have been doing it for a significant amount of time.
MS. DUGAN: Have you ever testified as an expert in the field of historical communication record analysis?
CHRISTOPHER CORBITT: Yes, I have.
MS. DUGAN: And about how many times?
MS. DUGAN: Those are all my questions as to his qualification, Judge.
JUDGE WHEELER: would you like to voir dire?
MR. DECOSTE: No, Your Honor. Thank you.
JUDGE WHEELER: All right. Thank you.
You may proceed.
BY MS. DUGAN:
MS. DUGAN: All right. So, at some point, did you become involved in the investigation of the murder of Dan Markel?
CHRISTOPHER CORBITT: Yes, I did.
MS. DUGAN: All right. How did you become involved?
CHRISTOPHER CORBITT: I don't remember the specifics, but at some point we were contacted by the investigators and asked to provide a variety of assistance in analyzing communication records both for the victim and, as the case evolved, for other persons that were involved in the investigation.
MS. DUGAN: Okay. And some of these people that may have been involved in this investigation, possible suspects, did that include the Adelson family, Sigfredo Garcia, Katherine Magbanua and Luis Rivera?
CHRISTOPHER CORBITT: Yes, it did.
MS. DUGAN: You mentioned earlier that you -- a lot of what you do is analyzing cell-phone records. were cell-phone records requested in this case?
CHRISTOPHER CORBITT: Yes, they were.
MS. DUGAN: Okay. And I believe those have already been moved into evidence, a number of call-detail records. we have the call-detail records for Luis River, Sigfredo Garcia, Wendi Adelson, Donna Adelson, Charlie Adelson, Harvey Adelson, Katherine Magbanua, and also the victim, Dan Markel, in this case, right?
MS. DUGAN: Now, do each one of those call-detail records, they contain a certification from the phone company that they are the originating records from that phone carrier, right?
MS. DUGAN: And do each of those call-detail records contain a voluminous amount of data?
CHRISTOPHER CORBITT: They do. The records that we get from the carriers do contain a significant amount of information. And they're either provided in a spreadsheet or maybe a PDF document or text document. To print those out would be tens of thousands of pages. Some of the records we requested covered a significant date range. So, yes, they are voluminous to say the least.
MS. DUGAN: Okay. And in your testimony today, will you be relying on a summary of all of those records to assist the jury in understanding those records and how they relate to other evidence in this case?
CHRISTOPHER CORBITT: Yes, a summary. And that summary does contain some of the actual raw records. And some of the summaries are created from those records.
MS. DUGAN: Okay. I've left in front of you State's Exhibit 73. It's in the notebook. Can you take a look at that?
Now, this notebook, is that a PDF copy of the summary that you created for this case?
CHRISTOPHER CORBITT: It is a printout of the PDF copy, yes.
MS. DUGAN: Okay.
MS. DUGAN: At this time I would move State's 73 into evidence.
JUDGE WHEELER: Any objection?
MR. DECOSTE: Yes, Your Honor.
JUDGE WHEELER: ATI right.
MR. DECOSTE: If I could see it as well, too.
MS. DUGAN: Okay.
MR. DECOSTE: Your Honor, if we can go sidebar, please?
(Sidebar had as follows):
MR. DECOSTE: Your Honor, the objection is that the government is claiming this is to be a summary. This is the demonstrative.
MS. DUGAN: These are a summary of all of the cell-phone records, the maps, the data that he relied on in this case to tell the jury what is going on with the cell-phone records. There's nothing preventing the summary from going into evidence. It was done in the last trial with our financial expert.
what the witness is going to be showing to the courtroom is a PowerPoint he created. He's not going to be flipping through the PDF. He created a PowerPoint, which is the same thing. It's just in a PowerPoint form. So this is what I'm moving into evidence as his summary.
MR. DECOSTE: Your Honor, so, this is quite different --
JUDGE WHEELER: Have you ever seen this before?
MR. DECOSTE: We've received it. But this is very much different than an Excel spreadsheet created by a financial analyst. And to clarify for Ms. Dugan, understanding she wasn't in the prior trial, the demonstrative from Chris Corbitt did not go into evidence.
This has -- this has in here title pages that go to Ms. Magbanua's guilt. Basically saying, Magbanua communications with Garcia. That -- even looking at that, that's inconsistent. Because the hand-set communicates, but there's header pages like that FARO.
JUDGE WHEELER: Those aren't going into evidence anyways. I mean, that's a suggestion of what your argument is as to what it is. But if you're going to put in call-detail records of a summary where you're calling out certain records, but you're, you know, showing him other ones, that's what it needs to be.
MS. DUGAN: Okay. In the last trial, the State didn't move anything into evidence and used it as a demonstrative. I don't know of any case law or anything in the statute that prevents a summary from going into evidence.
If the problem with this is the chapters, or, you know, something other than besides dates, I can create new chapter pages to go into evidence that have nothing but dates on them.
JUDGE WHEELER: well, I mean, this isn't a summary. This is a map.
MS. DUGAN: Right. This is a map showing a summary of her cell-phone records from that day and her locations.
JUDGE WHEELER: Okay. So this map is showing where she made calls from?
MS. DUGAN: This is her cell-phone locations that show that she travels -- this is part of a couple of page map -- from her apartment down to the Trescott Drive --
JUDGE WHEELER: And where are those locations shown on these records?
MS. DUGAN: This is the route she took. This is the route she took. And it's based on cell-phone evidence. He's going to testify that she was on the phone --
JUDGE WHEELER: So he's going to take cell-phone records. Are they in here? Are those cell-phone records in here?
MS. DUGAN: He puts a portion of these records up to show -- see these are the cell-phone calls. The voice calls begin at this time. And then he puts a picture of the CDRs. This is his presentation. This is the summary of it.
JUDGE WHEELER: So to show what her location is, that's what his testimony is? He's deciphering this to show her location?
MS. DUGAN: Correct.
JUDGE WHEELER: Based on pings.
MS. DUGAN: Yes. And who she was communicating with and times.
MR. DECOSTE: Your Honor, what you're going to find is that there are many steps in between the call-detail records and the mapping points. JI understand --
JUDGE WHEELER: That's going to be subject for cross-examination.
MR. DECOSTE: I understand.
JUDGE WHEELER: What about the -- what about the -- what's this receipt that I saw?
MS. DUGAN: That is a receipt that is already in evidence. He's just saying that --
JUDGE WHEELER: That's in evidence already?
MS. DUGAN: Yes. And that these times from the calls --
MR. DECOSTE: Object to cumulative.
MS. DUGAN: These calls line up -- the cell-phone calls line up with when she would have been at ABC Liquors. To show that -- this is showing the route that she took. She's on her cell phone the whole way. The times are consistent with the receipt.
MR. DECOSTE: Your Honor, so if I could just make a record on this so that it's very clear.
JUDGE WHEELER: Go ahead.
MR. DECOSTE: It's one thing to have financial summaries. So you have a bunch of records and you want to summarize certain days, and that's what Mary Hull has done. She's put together cash deposits for a certain year. That is a summary.
This is a quintessential demonstrative. And the reason why the State wants it is so that it can advocate for them as a mini-closing argument back in the jury room. So that they can flip through this and know their theory of the case. This is a demonstrative. This is not a summary.
JUDGE WHEELER: All right. I'm going to allow it in. I'm going to find that it is -- as long as these maps are what he is testifying to as to the movements of these witnesses, based on the cell-phone calls, I'm going to allow that.
If this is already in evidence, I don't know why this needs to be in here. It can be referred to. This would be more of a demonstrative, as opposed to a summary of what he's testifying to. So I want that taken out.
MS. DUGAN: Okay.
MR. DECOSTE: Your Honor, I hate to do this and do it sidebar, but I know that there's other header pages like that. If we can go through it page by page.
JUDGE WHEELER: No. I'm going to allow the other header pages. I've looked at them and they're just --
MR. DECOSTE: There's a specific -- I'm sorry.
JUDGE WHEELER: what?
MR. DECOSTE: There's a specific one in there that makes -- that goes beyond a summary and makes confirmations against Ms. Magbanua. So this witness is going to say, all I can say is that a handset communicated with somebody else, or a handset went somewhere. This so-saying demonstrative, what it says is, Ms. Magbanua went here, Ms. Magbanua went there. That is directly against what he's going to say in his testimony.
JUDGE WHEELER: well, then you can bring that out in cross-examination.
I want this out. The rest of it is admissible.
(Sidebar concluded.)
BY MS. DUGAN:
MS. DUGAN: Okay. So State's Exhibit 73, this notebook, this is a PDF version of your summary that you're going to be showing us today via Power Point here in the courtroom?
CHRISTOPHER CORBITT: well, a PDF is an electronic format. So the original presentation was done as a Power Point. It does have some animations or things that move. So to capture that, it was downloaded as a PDF and then that PDF was printed out. And so that printout that you have, represents the original Power Point that the presentation was done.
MS. DUGAN: Okay. And this summary, you are relying on to show us the locations, call patterns, who's calling each other, where everybody is throughout this case on the dates that are important for this investigation?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: All right. At this point, Judge, I'd like to move State's 73 into evidence.
JUDGE WHEELER: All right. Exhibit 73 is going to be admitted into evidence, subject to the defense's objections made at sidebar.
MS. DUGAN: Okay. Permission to publish?
JUDGE WHEELER: You may.
BY MS. DUGAN:
MS. DUGAN: Okay. So, first, I want to talk a little bit about a witness that we heard from yesterday. Are you familiar with the evidence of wendi Adelson's activities the day of Dan Markel's murder, July 18th, 2014?
CHRISTOPHER CORBITT: yes, I am.
MS. DUGAN: Okay. Are you familiar with the route that she took on July 18th from her house to run errands that morning after her TV repair appointment at her home?
CHRISTOPHER CORBITT: I am familiar with her testimony and other evidence as far as the route that was taken that day, yes.
MS. DUGAN: Okay. And did you create a map based on that evidence?
CHRISTOPHER CORBITT: Yes, I did.
MS. DUGAN: Okay. Can you show us?
CHRISTOPHER CORBITT: I can.
MS. DUGAN: What do we see here?
CHRISTOPHER CORBITT: So this is, obviously, just a -- primarily a map of the city of Tallahassee. The icon, the flag and the address in the upper right is or was Ms. Adelson's residence at the time of this incident. So it is the starting point of her travels that day.
MS. DUGAN: Okay. So 3303 Aqua Ridge way, that's where she lived on July 18th of 2014?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: All right. So where did she go after she left her home that day?
CHRISTOPHER CORBITT: She was traveling to purchase alcohol. And her travels took her down to Thomasville Road, in the area of Betton Road, coming down Centerville Road. Betton is a cut through from Centerville over to the Thomasville Road area. And so we see that she would have traveled here (indicating) and then encountered where the crime scene was blocked off.
MS. DUGAN: Okay. So the 2116 Trescott Drive address, that was the address of the crime scene the day of the murder?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. And what do we see is the little yellow diamond with the exclamation point?
CHRISTOPHER CORBITT: The Tallahassee Police Department had, again, the roadway blocked to prevent interference with the crime scene. And that is the approximate location of where the roadway was blocked and traffic could not go past.
MS. DUGAN: where did she go after she encountered that roadblock?
CHRISTOPHER CORBITT: She would have traveled back out to Thomasville Road -- or, I'm sorry, to Centerville, back down to Betton and across to Thomasville.
MS. DUGAN: where did she go when she reached Thomasville Road?
CHRISTOPHER CORBITT: She went to the ABC Fine Wine and Spirits there. Again, just south of Betton on Thomasville Road. And we see a receipt for a purchase.
MR. DECOSTE: Objection, Your Honor.
JUDGE WHEELER: Overruled.
BY MS. DUGAN:
MS. DUGAN: You can answer.
CHRISTOPHER CORBITT: I believe I did. But she went to the ABC Liquors, as we have a receipt for that purchase.
MS. DUGAN: Okay. And the time on that receipt, it looks like you've highlighted as 12:49 p.m.?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: What was -- that looks like it was Bulleit Rye Bourbon purchased at ABC?
CHRISTOPHER CORBITT: It was, yes.
MS. DUGAN: All right. So after she left ABC, where did she go next?
CHRISTOPHER CORBITT: She was having lunch with friends at a restaurant, Mozaik. So she would have traveled north on Thomasville Road to the area of I-10 where Mozaik restaurant was.
MS. DUGAN: Okay. Mozaik is no longer around. It used to be in Market Square area, though?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: All right. So based on the location information from her calls and text messages that you were able to look at in her call-detail records, were you able to determine an approximate time that she encountered that roadblock?
CHRISTOPHER CORBITT: Yes. SO, again, in the call-detail records, we have a lot of different information. cCall-detail records is a generic term for a number of different records we're able to get from the carrier. But, primarily, call-detail records are a set of records that contain the dates and times of communication events. And those can be text messages or voice calls and sometimes data sessions.
But with those events in that record, we, again, see a date and a time. If it were a voice call, we may get the duration or how long that event -- how long that phone call was. We see the phone numbers, who's calling who. The direction, whether it's incoming or outgoing. And then we also, generally, have some location information in the form of a cell site. And that would be the cell site that the handset is communicating with for that particular event.
So by looking into Ms. Adelson's records, we see that we do have events with cell-site locations around this time. So we have a fairly lengthy phone call that begins on a cell site, as we can see in the upper right, 12:31 p.m. And the blue dot just represents the location of the cell site. we'll talk more about cell sites and how they are broken down.
But that dot just represents the location of where that cell site is. So that phone call began on a cell site that was near her home. And we can see there was, I believe, a text message that came in around 12:35 p.m. and that communicated with a cell site closer to Capital Circle. And then we see that that call ends on a cell site that's very close to the ABC Liquors.
So by knowing those times, the 12:31 that the call began, the 12:47 where the call ended and also the receipt time of 12:49 p.m., we have an approximate time that she would have passed by the crime scene.
MS. DUGAN: And what time was that?
CHRISTOPHER CORBITT: That would have been around 12:40 to possibly 12:45.
MS. DUGAN: Okay. Now, according to wendi Adelson's phone records, did she and Dan Markel communicate by phone on july 18th, 2014?
CHRISTOPHER CORBITT: They did. And this is a representation of the actual call-detail records. So then, again, this is the kind of information that we get, the date and time of events and the locations and the who. And we can take that information and produce it into a summary.
we can take our analytical software, put that in, and that allows us to assign names to phone numbers, which makes it a little easier for the investigators to use. we don't have to memorize a bunch of phone numbers. we can assign names to those numbers and it makes it a little easier for us to look at. So we're able to see who she was in contact with that morning.
MS. DUGAN: Did she miss any calls from Dan Markel that morning?
CHRISTOPHER CORBITT: There was an early morning call that, I believe, was missed. There was a return call later on. But there was some attempted contact with Mr. Markel.
MS. DUGAN: Okay. And Dan Markel was shot by 11:00 a.m., right?
CHRISTOPHER CORBITT: I believe so, yes.
MS. DUGAN: what time did she call Dan Markel back?
CHRISTOPHER CORBITT: well, we can see at the very top there was an incoming call from Mr. Markel.
MS. DUGAN: And I think we have a pointer up there, a laser pointer for you.
CHRISTOPHER CORBITT: Yeah. So that would have been at 9:02 a.m. And then we see that Mr. Markel -- there was on outgoing call at 11:42. So, again, being that these are her records, outgoing would be Ms. Adelson trying to reach Mr. Markel.
MS. DUGAN: Okay. And did she have a bit of communication with her brother Charlie Adelson that morning?
MS. DUGAN: Can you show us that?
CHRISTOPHER CORBITT: That will be these calls, again, where Mr. Adelson's name is listed. we can see that those are both incoming and outgoing voice calls. We see that one has a duration of a little over 18 minutes. So there was some communication between them.
MS. DUGAN: Okay. And just so -- to talk about the difference between the slide we saw before and this slide. On the slide we saw before, when you first get the call-detail records and they're in that raw format, do you have to do conversions with the times?
CHRISTOPHER CORBITT: There are a number of things that we need to do with the actual call-detail records to make them more usable for us. Yes, time conversion is one. At this particular time, AT&T was still providing records in local time. But a lot of the records that we get would be in either GMT or UTC, Coordinate Universal Time, so we'll make an adjustment to our local time zone.
Sometimes, within the records, events are provided in different time zones. Sprint, in particular, will provide text message in central time. So we'd go into that report and adjust the text messages to our local time zone.
In addition, in the raw records we see -- we may often see multiple events for one phone call. So an incoming phone call may get routed through the carrier network. May get routed to voicemail. And that may produce multiple lines of records even though it's actually only one call. And we don't want to look at that as three or four calls because it is actually just one.
So those are just a few of the, you know, kind of changes that we need to make with the raw records to make them more usable for the investigators.
MS. DUGAN: Okay. All right. Now, looking at the next slide, we see these calls. Are we able to go back in time and listen to these calls?
MS. DUGAN: And why not?
CHRISTOPHER CORBITT: well, unless someone were recording their own phone calls, there's no way for us, as law enforcement, to go back and get those recordings. The phone carriers do not record them. They're not automatically saved somewhere. So we don't have any resources to be able to go back and obtain the actual audio or what was spoken during those phone calls.
MS. DUGAN: Okay. So that's -- unless someone is recording it -- as far as law enforcement being able to listen in on a phone call, that's something only that law enforcement can do in a certain situation. Like after a crime is committed, they know who the suspects are and they go get a court order to be able to listen in on conversations?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. So if I left here today, I called you, no one can listen in on that call unless there's -- they've already suspected us of doing a crime in the past, they're up on our phones and listening in?
MR. DECOSTE: Objection, speculation.
JUDGE WHEELER: Overruled.
CHRISTOPHER CORBITT: So let me say, the only way to lawfully listen to our phone call would be if law enforcement was given the authority from a court to be able to intercept that phone call and listen.
BY MS. DUGAN:
MS. DUGAN: Okay.
CHRISTOPHER CORBITT: There may be other nefarious ways that someone could overhear or intercept our communication. But as far as law enforcement, a lawful court order would be the only way that we could do that.
MS. DUGAN: Right. And if there wasn't a court order in place in the summer of 2014, we can't go back retroactively and listen to these calls?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. All right. So -- now, did Dan Markel have wendi Adelson and his children the morning of July 18th?
CHRISTOPHER CORBITT: I'm sorry?
MS. DUGAN: Did Dan Markel have he and wendi Adelson's children the morning of July 18th?
CHRISTOPHER CORBITT: Yes, he did.
MS. DUGAN: All right. And where did he take them that morning?
CHRISTOPHER CORBITT: They would have been taken to their school, Creative Preschool on west Tharpe Street.
MS. DUGAN: Okay. Now, when she drove by Trescott Drive, she encountered the roadblock around, you said, 12:40. Did she attempt to call Dan Markel or her children?
CHRISTOPHER CORBITT: She did not.
MS. DUGAN: Okay. And you're looking at this call-detail summary to be able to see that?
CHRISTOPHER CORBITT: Yes. So these would be all of the phone calls in the afternoon -- or from the time period that she would have passed -- or before that, passed the crime scene, through that afternoon. And there were no other calls to Mr. Markel.
MS. DUGAN: Okay. Did she call her children's daycare, Creative Preschool, to see if they had made it to school?
CHRISTOPHER CORBITT: She did not.
MS. DUGAN: Did she attempt to call 911, looking at her call-detail records?
CHRISTOPHER CORBITT: From the call-detail records, no.
MS. DUGAN: Law enforcement of any kind?
MS. DUGAN: Okay. Now, in the couple of hours after she encountered that roadblock -- I see here we've got from -- up on the screen now -- from 11:45 down to 3:17, was she in contact with anyone in the Adelson family or anyone associated with this case during that time?
CHRISTOPHER CORBITT: She was not, that I'm aware of.
MS. DUGAN: Okay. Now, are you familiar with the area of Thomasville Road and I-10 where Mozaik used to be?
CHRISTOPHER CORBITT: I am, yes.
MS. DUGAN: Were there any liquor stores in that area back in July of 2014?
CHRISTOPHER CORBITT: There were, yes.
MS. DUGAN: And what were those stores?
CHRISTOPHER CORBITT: There was Market Square Liquors, Publix Liquors, there's an ABC a little further north on Thomasville Road as well.
MS. DUGAN: Okay. And did you create a map based on those store locations, and then -- is that what you have next? Okay.
CHRISTOPHER CORBITT: It is.
MS. DUGAN: Can you show us that?
CHRISTOPHER CORBITT: I can. So, again, the starting point being Ms. Adelson's residence. Her ultimate destination being Mozaik. You can kind of look at maybe some alternate routes that she may have been able to take to get there. And, certainly, what appears to be a shorter route would be to go, you know, directly across to Mozaik.
we did talk about the other liquor stores, Publix, Market Square and ABC, which, again, all appear to be closer to her destination than that ABC on Thomasville Road.
MS. DUGAN: So the dotted line there represents a route that she could have taken to get to those liquor stores that were closer to Mozaik?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: All right. And what route did she actually take to get to ABC and then Mozaik?
CHRISTOPHER CORBITT: So, again, this is the Centerville, Trescott, back to Centerville, Thomasville and back north.
MS. DUGAN: And the purple line there is based on the mapping from her call-detail records?
CHRISTOPHER CORBITT: The purple line is based on the information about her travels, from her testimony and other evidence that tells us where she went. The timing came from the call-detail records.
MS. DUGAN: Okay. And how much longer is the route that she actually took, which took her by the Trescott Drive residence of Dan Markel, compared to the route she could have taken?
CHRISTOPHER CORBITT: Timing, of course, depends on a lot of things, traffic and other. But, in general, we can see that the shortest route is just over three-and-half miles. The longest route is just under nine and half. So it's, obviously, a longer trip.
MS. DUGAN: All right. Now, switching gears here. Can you walk us through where Dan Markel went the morning that he was murdered based on his call-detail records?
CHRISTOPHER CORBITT: Yes. Again, we know that Mr. Markel was at his residence in the morning. That he did take the children to Creative Preschool. And then, ultimately, went to Premier Health and Fitness to work out prior to returning home.
MS. DUGAN: Did TPD believe that whoever shot Dan Markel was at some of those same locations that morning or at least one of the same locations?
CHRISTOPHER CORBITT: we certainly believed that it was possible or likely that he was being surveilled or followed as he traveled around that morning, yes.
MS. DUGAN: Okay. And y'all had seen the surveillance images of the Prius at Premier Gym?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. How were y'all able to identify, or to try to identify, who was in that Prius using the cell-phone records?
CHRISTOPHER CORBITT: well, one of the techniques that we have is what is commonly known as a tower dump. And what we're able to do, when we have multiple locations like that, his home, the preschool and Premier Health and Fitness, and we have approximate times -- so we know about when he left home, we know about when he got to Creative, and we know about the time that he arrived and departed Premier Health and Fitness.
So we're able to serve a legal demand to the carriers and ask for any events that were processed through the cell sites that would service those three locations; his home, the preschool and the gym.
And then what we're looking for there is, assuming that they actually had events, made or received phone calls, text messages or data sessions; then the only numbers that we would see that were common to those three different locations and those time frames would be hand-sets that were traveling with Mr. Markel. So that's what we attempted to do.
MS. DUGAN: Okay. And what is a cell site?
CHRISTOPHER CORBITT: A cell site is commonly known as a cell tower. You'll hear me say site because it's not always a tower. But it is antennas and infrastructure that allows a cell phone to wirelessly communicate with that cell site to complete your phone calls and your text messages.
we have a number of cell sites around town. Each carrier has their own infrastructure, or their own cell sites. And, again, as I say site, they may be mounted to the side of a building or a water tower or even in the ceiling inside of a building. But there are a number of locations that have the cellular infrastructure to allow us to complete phone calls.
MS. DUGAN: Okay. So do we have any cell sites here? what does your map show right now?
CHRISTOPHER CORBITT: we do. This is just kind of an example of what we're looking at. With each location we would look at a radius around that location and determine what cell sites might service that location.
we see we have two cell cites here with T-Mobile that, my belief would be, would service the Premier Health and Fitness. So those are the cell sites that we asked the carrier to provide to us.
MS. DUGAN: So you contacted all the phone companies who had cell sites in those locations where Dan Markel was: Trescott Drive, the preschool, the Premier Gym. You looked at all the records for all the numbers located in those cell sites in those time frames?
MS. DUGAN: Okay. Meaning the time frames that he would have been there?
MS. DUGAN: All right. which companies did you get records from?
CHRISTOPHER CORBITT: we obtained records from AT&T, Verizon Wireless, Sprint and T-Mobile.
MS. DUGAN: Okay. I've left a couple of items of evidence in front of you. They've been labeled and shown to defense as State's 101, 102, 103 and 104. Do you recognize those items?
CHRISTOPHER CORBITT: I do, yes.
MS. DUGAN: Okay. And what are they?
CHRISTOPHER CORBITT: These would be the actual tower dump records or the communication records obtained from each of those carriers for this investigation.
MS. DUGAN: And I think you told us this before, but when you get these records, do they contain a certificate of authenticity from the carrier letting you know that they are originating from that carrier? They're a business record from that company?
CHRISTOPHER CORBITT: They do, yes.
MS. DUGAN: Okay. And did all four carriers provide that in this case?
CHRISTOPHER CORBITT: Yes, they did.
MS. DUGAN: At this time, I'd move 101 through 104 into evidence as a business record.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No.
JUDGE WHEELER: Be admitted as 101 through 104.
(State's Exhibit Nos. 101-104 received in evidence.)
MS. DUGAN: Just for the record, 101 is T-Mobile; 102 is AT&T; 103 is Verizon and 104 is Sprint.
BY MS. DUGAN:
MS. DUGAN: So each of those CDs, they contain, kind of as you said before, hundreds of thousands of pages of data and information, right?
CHRISTOPHER CORBITT: Yes. The tower returns are a much smaller time frame that we requested, so they don't have quite as much as the other call-detail records. But there's still a significant amount of information there.
MS. DUGAN: what did you do once you received the tower dump records from those phone companies?
CHRISTOPHER CORBITT: As I mentioned, we do have analytical software that allows us to sort of process and analyze all of those call-detail records to make them a little more useful for us.
And one of the things that it does is looks for those common callers. So we can put these records in and ask it for any phone number that was consistent with all of those locations. And that's what we did in this case. Unfortunately, we did not find any number that was in all of those locations.
MS. DUGAN: Okay. So no number had been to Trescott Drive, Premier, the preschool, and going back to Trescott Drive after?
CHRISTOPHER CORBITT: Correct. Not in the time frame that we had asked.
MS. DUGAN: Okay. Now, does that mean that the suspect's phone, whoever was in this Prius, that their phone was not at those four locations that morning?
CHRISTOPHER CORBITT: It does not. As I mentioned, for those records to be created through that tower, for us to get anything, then they have to be actually using that handset.
Each carrier is able to give us slightly different information as far as the specificity or details. T-Mobile is one that can only give us locations for voice calls. So if they were not making or receiving an actual voice call at that time, then that tower would not -- we would not see any activity from that tower at that time.
MS. DUGAN: And what if they weren't using their phones at all, let's say, during those times?
CHRISTOPHER CORBITT: Then, again, we would get nothing at all.
MS. DUGAN: So if you don't have an event, your phone's being actively used, then you can't map it?
CHRISTOPHER CORBITT: That's correct. And in some cases, even if you're making events, they may not be events that the carrier captures through the tower. So we definitely need that activity for us to see those records.
MS. DUGAN: Okay. Now, since we couldn't find a number with common events for all four of those locations, what did you do next?
CHRISTOPHER CORBITT: well, what we got back was, again, a list of all the phone numbers that had events or were present in those cell sites during those times. So, in essence, that's just a list of unique phone numbers.
In addition, we had a significant number of call-detail records from all the subjects involved in the investigation. It could be the Adelsons, the victim, a number of people that we already had records for. So, again, those are also a list of phone numbers calling one another.
So we actually compared all the numbers that were here in Tallahassee, that were near those towers around those times, to see if they had any connection to any of the other persons that we already had records for. Did anyone's phone number that was here, have communication with someone that was involved in our investigation?
MS. DUGAN: Okay. And the people we had the call-detail records for were the ones I went over before, all possible suspects, and then also Dan Markel, the victim?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: well, I guess, at that point, it was just the Adelson family and Dan Markel, the victim.
CHRISTOPHER CORBITT: Yes. I don't remember exactly when this particular analysis was done or what all records we had at that time, but we only found one commonality.
MS. DUGAN: Okay. So did anybody in Dan Markel's life have contact with any of the phone numbers from that tower dump?
CHRISTOPHER CORBITT: we did find this 786 number that was present in the tower dump was also present in Harvey Adelson's call-detail records.
MS. DUGAN: Okay. And when was that event? Okay. I'm sorry. Go back. who is this and what is that next to him?
CHRISTOPHER CORBITT: So this is Harvey Adelson. And those are, again, an image of the actual call-detail records that we obtained from AT&T.
MS. DUGAN: So this is kind of like a picture of his call-detail records?
CHRISTOPHER CORBITT: It is, yes.
MS. DUGAN: Now, when did that contact with the number that was in the tower dump have contact with Harvey Adelson's cell phone?
CHRISTOPHER CORBITT: So that was on July 1st of 2014. we can see that that was at 5:20 p.m. This is another situation I mentioned earlier where it appears that we have three different events here, but it is just one. It's one incoming phone call that was routed to voice mail.
MS. DUGAN: Okay. So about, I guess, 17 days before the murder, a Miami number that was communicating with the cell site, here in Tallahassee on the day of the murder, that Dan Markel was at. And which cell site was it?
CHRISTOPHER CORBITT: That was the cell site around Premier Health and Fitness.
MS. DUGAN: Okay. About 17 days before that, that number had a contact in the call-detail records with Harvey Adelson's cell phone?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: were you able to identify who -- let me ask you first, what are you able to tell about this contact between the Miami number and Harvey Adelson's cell phone?
CHRISTOPHER CORBITT: Again, with AT&T some of the things that we see is a -- both a seizure time and a duration. So how long did the phone ring and, then how long was the phone actually connected, did the call connect. And then we may see an indication of routing, maybe where that phone call was sent.
So in these records, what we see is that the phone did ring for several seconds and was then routed to voice mail. It indicates that the phone was actually connected for 37 seconds once that ringing stopped. So that's the potential for a 37-second voice mail.
MS. DUGAN: Okay. So you can tell from the records that this call -- there was no -- it was routed to voice mail?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: And then there was several second duration after it reaches voice mail where either someone would have been -- could have been breathing on the voice mail or leaving a message?
CHRISTOPHER CORBITT: Again, I have no idea what was said or not said or left or not left. But there was a 37-second duration that this was connected to voice mail.
MS. DUGAN: Okay. And were you able to identify who that 786 number that left a voice mail to Harvey Adelson on July 1st, who that number belonged to?
CHRISTOPHER CORBITT: Yes. That number was associated with Mr. Garcia.
MS. DUGAN: Now, did a witness in this case explain why Garcia left a voice mail for Harvey Adelson's cell phone?
MR. DECOSTE: Objection, hearsay, what another witness said.
MS. DUGAN: If we can approach? He's trying to explain another reason why he knew this was a voice mail. And he's an expert.
JUDGE WHEELER: That's hearsay. He can't -- commenting on another witness's testimony is going to be hearsay. So that's sustained.
MS. DUGAN: Yes, sir.
BY MS. DUGAN:
MS. DUGAN: Can you tell me what the person's name was that provided an explanation for that voice mail?
CHRISTOPHER CORBITT: That was Ms. Yindra Mascaro.
MS. DUGAN: Yindra Mascaro?
CHRISTOPHER CORBITT: I believe, yes.
MS. DUGAN: Okay. Now, were you able to obtain -- now, that voice mail was the only contact that you were able to find in any of these records from that number, Sigfredo Garcia, to anyone in the Adelson family, right?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. were you able to obtain historical call-detail records for Sigfredo Garcia's phone?
CHRISTOPHER CORBITT: some, yes.
MS. DUGAN: Okay. Can you tell me about that?
CHRISTOPHER CORBITT: Certainly. So this account, or this phone number, was being serviced by Metro PCS, which at the time was being taken over by T-Mobile, or purchased by T-Mobile. we did send a number of legal demands and we were able to get, basically, two sets of records, one primarily from each carrier that provided us call-detail records and locations and those kind of things for periods around the homicide.
MS. DUGAN: Okay. And did you compare that location information to Dan Markel’s locations the morning of July 18th?
CHRISTOPHER CORBITT: we did. Just because the handset was in that cell site, we did want to make sure that it was actually consistent with the Premier Health and Fitness. So we did obtain those records. And we looked at the location information that was contained within. And what we see here -- again, this is just an excerpt from the records, but we're given a latitude and longitude for the cell site. we're also given some unique numbers for it.
But, primarily, we can use the latitude and longitude to plot where that cell site is. So, again, we can see that these two events, 9:36 and 9:58 a.m., that handset is communicating with a cell site there at I-10 and Thomasville Road that is, obviously, close to the Premier Health and Fitness Center.
MS. DUGAN: And so the 9:36 and 9:58 a.m. that we see plotted on the map there. Down at that bottom when we received Garcia's cell-site locations, is that showing that that yellow dot shows the time that he was communicating with that cell site?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Can you explain to us, you know, how the information in the records, though, leads you to be able to make a determination that that's where he was at that time?
CHRISTOPHER CORBITT: well, the -- again, the call-detail records contain location information for us. And that is either a unique numerical identifier for a cell site that we can go to another spreadsheet or a key and figure out exactly where that cell site is located.
And in addition to knowing where the cell site is located, it also tells us which side or sector of the cell site the handset may be communicating with. To this point we've talked about cell sites just as a singular location. But, in fact, most of our cell sites are broken down into sectors or sides. And that means they have antennas that are facing different directions.
And so the carrier gives us the side of the antenna that that handset was communicating with. So we can kind of take the general area around the cell site and narrow it down to something more when we look at the actual sector or side the handset was communicating with.
And then it's matter of including or excluding locations, historical cell-site analysis that I do includes being given an address, in this case the Premier Health and Fitness, and asked if that location is consistent with being serviced by that particular cell site and sector. Meaning, if I were standing in the parking lot, could my phone use that particular cell site and that particular sector.
MS. DUGAN: And did you have some sectors here?
CHRISTOPHER CORBITT: we did, yes. So most of our cell sites are divided into three sectors. They're not always oriented north, southeast, southwest. we do get the orientation from the carrier, so we know which way they're turned. But in this case, the cell site that we're speaking about did have three sides.
And as we go back to the records, it tells us the azimuth, or, again, the direction in degrees. So if we think about 360 degrees, or a clock, 40 degrees is the particular side of this cell site the handset was using. And we can see that that particular sector is oriented towards the Premier Health and Fitness.
So I would say, yes, a handset in the parking lot of Premier Health and Fitness could utilize this cell site in this sector.
MS. DUGAN: Did Sigfredo Garcia have any events around the actual time of the murder?
CHRISTOPHER CORBITT: He did not.
MS. DUGAN: what about earlier that morning?
CHRISTOPHER CORBITT: There were some other events. I believe that these two are certainly the closest that we have to the actual incident.
MS. DUGAN: Okay. These ones at 9:36 and 9:58 a.m. where he's consistent with being at Premier?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. And when I say consistent with being at the Premier, that's kind of the -- his location here at that time, that's the language that you use to show that his location is consistent with him being at Premier and using that cell tower that services that location?
CHRISTOPHER CORBITT: That's correct. 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.
The coverage area of the cell site can be relatively large. It's largely dependent upon neighboring cell sites and the distance to those other cell sites. So everything that I talk about is inclusion and exclusion. Yes, Premier Health and Fitness is included in the coverage area of this cell site. And it would be consistent with his handset being there.
MS. DUGAN: Okay. Does that mean that Garcia's handset wasn't in other places in Tallahassee that morning?
CHRISTOPHER CORBITT: It does not mean that. Again, we only have -- or we can only make an estimation of location when we have an event that has cell site information. So if there's no events, no locations, handset could be anywhere.
MS. DUGAN: why might a phone not have an event?
CHRISTOPHER CORBITT: Number of reasons. Just not using it, powered off, battery went dead, left it at home, whatever it may be. But there are a number of reasons that a handset may not have any events.
MS. DUGAN: From Sigfredo Garcia's records, can you tell why he did not have an event after leaving -- or after leaving the area of Premier Gym that morning?
CHRISTOPHER CORBITT: I cannot say -- later in the records, we will see an indication of some voice mail notifications. And later in the records, we will see that there are attempted calls that do not reach the handset. And that is an indication to me that at some point the handset maybe was turned off, battery went dead, left the network. But for whatever reason, these attempted phone calls did not reach the handset. And then there are some notifications that come in from the carrier, I believe, when the handset is reconnected to the network.
MS. DUGAN: what's a frequency report?
CHRISTOPHER CORBITT: A frequency report is one analytical report that we can do with the records. we do them quite frequently and as an investigative aid. If we're trying to identify who is important to someone, who they communicate with most frequently, who they may hang out with, where they may be, then we take all of those phone records that we have, again, in our analytical software, and we ask it to tally up the most frequently contacted numbers.
And, again, that helps us identify some importance to other persons or other phone numbers, maybe coconspirators, friends, neighbors, family. Whatever it may be, those frequency reports help us out.
MS. DUGAN: And did you run a frequency report on Sigfredo Garcia's 786-phone record?
CHRISTOPHER CORBITT: we did, yes.
MS. DUGAN: Okay. And what did you see?
CHRISTOPHER CORBITT: Again, a series of numbers and the number of times that phone number is in the records. And what we saw, that the top number was this (786) 564-1312.
MS. DUGAN: And who did that number belong to?
CHRISTOPHER CORBITT: That number was associated with Ms. Katherine Magbanua.
MS. DUGAN: Okay. And was Katherine Magbanua's phone number found in any other records that you had as part of this case?
CHRISTOPHER CORBITT: Again, as I mentioned, a frequency report is a common thing for us to do with all records. we did have a frequency report for Mr. Adelson, Mr. Charlie Adelson's records. And what we saw was that her number appeared in his records as well. And for the period of these particular records, it was the second most frequently contacted number.
MS. DUGAN: So you find Garcia's records in this tower dump communicating near Premier Gym. You compare his number against all the Adelsons and find only one contact ever from him to Harvey Adelson and it was just a voice mail.
So then you look at Garcia's frequency report to see if any of his top contacts have any contact with any Adelson, if there's any link to him and the Adelsons, and this is what you found?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Did you look at anything else in Garcia's frequency report?
CHRISTOPHER CORBITT: Again, knowing the frequency reports may help us identify people that are important to any particular person. Knowing that we had two persons who had came to Tallahassee, we did actually compare the numbers in his frequency report back to that tower dump data that we got. And what we found is that there was an AT&T phone number that was in a cell site here in Tallahassee that was also in his frequency report.
MS. DUGAN: And who did that number belong to?
CHRISTOPHER CORBITT: That number belonged to Luis Rivera.
MS. DUGAN: So Luis Rivera, also one of Garcia's frequent contacts, and you look in the tower dump and he's also in the tower dump at Premier Gym at that time?
CHRISTOPHER CORBITT: His phone number is in the tower dump records, yes.
MS. DUGAN: Okay. But the reason you hadn't noticed it before is that there was never a contact with anyone in the Adelson family or anyone that you could find connected to the Adelsons with him?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. And when Luis Rivera was interviewed by law enforcement, he admitted that he and Garcia were, in fact, in that Prius at Premier Gym that day following Dan Markel?
CHRISTOPHER CORBITT: That's my understanding, yes.
MS. DUGAN: And where are Garcia and Rivera both from?
CHRISTOPHER CORBITT: Miami.
MS. DUGAN: All right. we're at a good stopping point for the lunch break, Judge.
JUDGE WHEELER: All right. we're right at noon. So we'll take an hour break. And we'll see everybody back at 1:00 o'clock. I will tell you that we're going to break early today so that you all can take care of whatever affairs that you need to before the weekend.
You've been extremely attentive. You've been punctual and timely. And I appreciate that. So we're just going to have one session this afternoon. So, hopefully, we'll be breaking around 3:00 or 3:30 so that you'll have some time during the week to take care of your affairs. Okay.
All right. So please remember, no discussions amongst yourselves or with anyone else. No searching on the internet or any news stories. And we'll see everybody back at 1:00 o'clock. Okay. Thank you.
(Jury exits.)
JUDGE WHEELER: All right. Please be seated. Jury's out of the courtroom. The door is closed.
So please keep in mind that I've informed them that we will have an early break. They have their lives. And I know that they seemed to be very appreciative of that. It looked like a number of them had some things that they needed to get taken care of during the workweek, and so we need to be cognizant of that.
Okay. we'll break now for an hour. And we'll see everybody back in the courtroom at 1:00 o'clock. we'll be in recess. Thank you.
(A lunch recess was had.)
JUDGE WHEELER: All right. We're back on the record. we have all jurors present and accounted for. And anything from counsel before we bring the jury back in, Ms. Dugan?
MS. DUGAN: No, sir.
JUDGE WHEELER: From the defense?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: All right. Thank you.
Okay. Let's bring the jurors in, please.
(Jury enters.)
JUDGE WHEELER: Please be seated. we're ready to continue with the testimony.
And, Ms. Dugan, you may proceed.
BY MS. DUGAN:
MS. DUGAN: All right. So, Sergeant Corbitt, before the break we learned how the tower dump led to Sigfredo Garcia, which led to Katherine Magbanua and Luis Rivera. Once Luis Rivera was -- after they found these folks, was Luis Rivera interviewed by law enforcement?
CHRISTOPHER CORBITT: He was, yes.
MS. DUGAN: Okay. were y'all able to find some evidence that the two of them, Rivera and Garcia, took trips to Tallahassee in the summer of 2014?
CHRISTOPHER CORBITT: we did, yes.
MS. DUGAN: Okay. And there was the July trip when Dan Markel was murdered. when was the other trip? what month was it in?
CHRISTOPHER CORBITT: The other trip was in June.
MS. DUGAN: Did you look back in the call-detail records and see evidence there that Rivera traveled from Miami in June of 2014 to Tallahassee?
MS. DUGAN: Okay. All right. So -- the June trip and the July trip, when you looked at Rivera's records, were those his only trips to Tallahassee?
CHRISTOPHER CORBITT: They were the only times that handset was in Tallahassee for the records that we have.
MS. DUGAN: Okay. And that was Luis Rivera we're talking about?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: All right. So I want to go in chronological order then. we'll do the June trip first, then the July trip, which was the trip where the murder of Dan Markel took place.
So, looking at the June trip, how did Garcia and Rivera get to Tallahassee on that trip?
CHRISTOPHER CORBITT: It was with a rental vehicle.
MS. DUGAN: Okay. And did law enforcement recover the rental agreement from Comfort Rent a Car for June of 2014?
CHRISTOPHER CORBITT: They did, yes.
MS. DUGAN: Okay. And did you create a -- kind of like a summary of their trip to Tallahassee with a copy of the rental agreement?
CHRISTOPHER CORBITT: I did, yes.
MS. DUGAN: Okay. Can you show it to us?
CHRISTOPHER CORBITT: I can. So this is the rental contract. And there are a few significant sections of it. One being the name in which the car was rented in, the date that that occurred, the vehicle description and the time that the vehicle was due back.
MS. DUGAN: Okay. And this is the agreement that's already been entered into evidence as State's 70. And this is the silver Nissan Altima, and it appears that it was rented on June 2nd of 2014?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: And it was due back on June 5th at 8:50 p.m.?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: All right. Does Luis Rivera's name appear anywhere on that Comfort Rental agreement?
CHRISTOPHER CORBITT: It does not.
MS. DUGAN: Is there any phone evidence or records that show how this rental car was picked up?
CHRISTOPHER CORBITT: There is.
MS. DUGAN: Okay. And what's that?
CHRISTOPHER CORBITT: well, we looked at where the Comfort Rent a Car was. It was located by the Miami Airport. we looked at Ms. Magbanua's records for the time of the rental. The rental was due back at 8:50. It indicates the vehicle was rented at 8:50 in the evening.
MR. DECOSTE: Objection, Your Honor, move to strike, personal knowledge as to what the rental contract means, and hearsay.
JUDGE WHEELER: That's overruled. He can interpret that based on his training and experience.
You may go ahead.
CHRISTOPHER CORBITT: So we looked at records for either Mr. Rivera or Ms. Magbanua at the time of that rental. And what we did see was that Ms. Magbanua's records had events and cell site usage that was consistent with traveling towards the area of Comfort Rent a Car on the evening of June 2nd.
BY MS. DUGAN:
MS. DUGAN: Okay. Looking at the map here, Magbanua cell site locations down on the bottom left corner that's in red. And so do the red dots in time show her locations?
CHRISTOPHER CORBITT: Yes. Again, when we see the dot, that represents the location of the actual cell site. And when we're looking at the dots, we're not worried about the sectors. We're talking about such a large area and a large travel that we're not breaking it down to the sector level here. But we do have the dots where the cell sites are located. And we have the times that those cell sites were used by that handset.
MS. DUGAN: Okay. So can you walk us through what we see? what time does she -- what time is she consistent with being at her residence?
CHRISTOPHER CORBITT: well, we see an event at 8:25 p.m., which would be communicating with a cell site consistent with the area of her residence. By 8:34 the handset is using a cell site that's more in between the two locations. And then by 8:53 the handset is using a cell site that is very close to the Comfort Rent a Car.
MS. DUGAN: Okay. And so at 8:53 she's using the tower that services the Comfort Rent a Car just three minutes after this car rental contract is being written for Sigfredo Garcia?
MR. DECOSTE: Objection, Your Honor, as to personal knowledge of when the contract was written. we've already heard from Mr. Nunez and he testified as to the approximation of that.
JUDGE WHEELER: Overruled.
BY MS. DUGAN:
MS. DUGAN: Okay. What do you have next?
CHRISTOPHER CORBITT: So then, again, in addition to just the cell site, we can look at the particular sector that is being utilized. And here we see the sector that's being utilized by her handset is the sector that would be consistent with servicing the comfort Rent a Car.
MS. DUGAN: Okay. Now, is Comfort Rental Car -- let me ask you first, looking here we see the cell site and its location from Comfort Rental and we see the Miami Airport. Is there other things in this area, in this neighborhood of Miami?
CHRISTOPHER CORBITT: Lots of other things.
MS. DUGAN: Yeah.
CHRISTOPHER CORBITT: A number of businesses, a number of structures. It is adjacent to the Miami International Airport.
MS. DUGAN: Okay. And looking at -- is Comfort Rental Car near Katherine Magbanua's house where she lives? what's the distance there?
CHRISTOPHER CORBITT: Near is relative. I don't believe that it is near. It is a -- probably a 25-minute drive. we'll look at here in a second. But it is a significant distance from her residence.
MS. DUGAN: Can you tell us what you found for that?
CHRISTOPHER CORBITT: I can. we do see that after the 8:50 time frame that we have events at 9:17, 9:43 and 10:01, which would be consistent with travel back to her residence. And then if we look at a path -- or a path of travel to get there, we can see that that is about a ten-mile, almost eleven-mile trip, and approximately 25 minutes of travel time.
MS. DUGAN: Did you look at who -- did you look at Katherine Magbanua's records to see who the defendant was talking to during that time as she drove out to the rental car company and back?
CHRISTOPHER CORBITT: I did. Again, we're kind of looking at the period between 8:25 and maybe 10:01 for events that bracket this travel. 8:25, or thereafter, she would have left the house, would have been home by 10:01. we see, again, the events in her records for that time frame and these are her communications.
MS. DUGAN: Okay. As she was going from her home to Comfort Rental Car, who did she speak to during that time?
CHRISTOPHER CORBITT: well, there is one number identified as coming back to GEICO Insurance. And then there are a number of numbers. we can see here, and I'll highlight, the 9772, 9868 and, again, the 9772 in that -- until about that 8:50 time frame.
MS. DUGAN: So I'm looking at the top. On the way to the car rental, to Comfort Car Rental, she has an eight-minute, forty-seven outgoing phone call to GEICO Insurance?
JUDGE WHEELER: Hold on.
MR. DECOSTE: Objection, Your Honor. This witness can only testify to what the handset did, not what Ms. Magbanua did.
JUDGE WHEELER: Overruled.
You can answer.
CHRISTOPHER CORBITT: Yes. There is an outgoing eight-minute-and-forty-seven-second call to GEICO --
BY MS. DUGAN:
MS. DUGAN: Okay. And GEICO, they sell car insurance?
CHRISTOPHER CORBITT: They do.
MS. DUGAN: All right. After that eight-minute, forty-seven-second phone call, are there any events until an 8:49 text message?
MS. DUGAN: Okay. And then are there any events after that text message before the 8:53 phone call?
MS. DUGAN: Okay. So exactly at 8:50, we don't have an event exactly at that time?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: But we do have an event at 8:53, and that's a voice call?
CHRISTOPHER CORBITT: That is correct.
MS. DUGAN: Okay. Were you able to see who she might have been talking to or who she was communicating with from the time she left Comfort Rental on the way back to her residence?
CHRISTOPHER CORBITT: well, we do see that at 8:57 there is an incoming one-minute-and-forty-nine second call from Charlie Adelson, some text messages. And then a 25-minute phone call that began at 9:17, again with Mr. Charlie Adelson.
MS. DUGAN: So at 8:57, when she is consistent with using the cell tower that services Comfort Rental, she's speaking with Charlie Adelson?
CHRISTOPHER CORBITT: There is an incoming call from Mr. Adelson's number, yes.
MS. DUGAN: Okay. And when she's on her way back from Comfort Rental Car to her residence, at that point there's communication with Charlie Adelson during that route?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: And I'm looking at the 9:17 call, that's a 25-minute call with Charlie Adelson from Comfort Rental all the way back to her residence?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: we saw on the map before that she arrived back at her residence at 10:01 p.m. who does she make an outgoing voice call to at that point?
CHRISTOPHER CORBITT: well, let me say, again, we can only make a determination about locations when we have an event. So we had an event at 10:01 that was consistent with her residence. So some time at or prior to 10:01, she arrived back at the area around her apartment. I can't say that she got there exactly at 10:01. But that 10:01 event is an outgoing voice call to Mr. Garcia.
MS. DUGAN: Okay. And that's when she's back at her residence after from traveling over from the car rental area?
CHRISTOPHER CORBITT: She's back to the area around her residence, yes.
MS. DUGAN: Thank you. Obviously, the suspects in this case, some of them have close relationships. Katherine Magbanua was dating Charlie Adelson in July of 2014. So you would expect people in a dating relationship to have communication together, right?
CHRISTOPHER CORBITT: I would, yes.
MS. DUGAN: And if Sigfredo Garcia and Katherine Magbanua share children together, we'd expect them to be talking, too, in the summer of 2014, right?
CHRISTOPHER CORBITT: I would, yes.
MS. DUGAN: You would also expect Charlie Adelson to talk to his mom and his sister and his dad, his family members?
CHRISTOPHER CORBITT: Yes, I would.
MS. DUGAN: All right. when you're looking at these cell phone records, though, were you looking at these certain dates because they were found to be significant dates in the investigation? As far as the day the car is rented, the day the murder occurred, the day money exchanged, things of that nature?
CHRISTOPHER CORBITT: Yes. We certainly did look at those dates and the communication around those dates.
MS. DUGAN: Okay. And when you're looking at that, you're looking at it to see if it gives you any insight as to who the parties were with that day, what they were doing, where they were going, that type of thing?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: Okay. Are there any calls or texts between Katherine Magbanua and Sigfredo Garcia from the time her phone leaves her residence to the time that it's consistent with Comfort Rental Car, so from 8:25 to 8:53?
CHRISTOPHER CORBITT: There are not.
MS. DUGAN: Now, if two people are sitting next to each other and riding in a car together --
JUDGE WHEELER: Continue with your question.
MS. DUGAN: -- would you expect them to be calling or texting each other?
JUDGE WHEELER: All right. Hold on. what's your objection?
MR. DECOSTE: Speculation.
JUDGE WHEELER: That's sustained.
BY MS. DUGAN:
MS. DUGAN: Do you call or text people when you're sitting next to them?
CHRISTOPHER CORBITT: Generally, I do not.
MS. DUGAN: But at the same time, just because you're not talking on the phone or texting with someone, that doesn't mean you are together, right?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. You could just not be with a person and also not be communicating with them?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. But we have no communication here with Sigfredo Garcia as Katherine Magbanua's handset leaves her residence, travels to Comfort Rental Car to that cell site consistent with that. And that it's at the same time that that car is being rented from Comfort Rental that Sigfredo Garcia signed and was rented at 8:50 p.m.?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: That's what we have?
MS. DUGAN: Could that be consistent with her driving Garcia to Comfort Rental, him renting a car there and her driving back home?
CHRISTOPHER CORBITT: It could be consistent with that, yes.
MS. DUGAN: Can you go to your next map? Do you have another map of the -- yeah. Go back one more time. Sorry. Thank you.
All right. So we saw before the map of where Comfort Rental is located in Miami. And, you know, it's next to an airport; there's lots of other businesses; there's a neighborhood. Obviously, she could be at another place very close by to Comfort that's also servicing that cell tower if we didn't have any other evidence?
CHRISTOPHER CORBITT: She could be at another location, yes.
MS. DUGAN: Okay. But do you -- when you're looking at cell phone locations and trying to determine where they are -- look at the cell phone communications, the tower that the phone is communicating with and also any other evidence that you have to determine that location?
CHRISTOPHER CORBITT: we do, yes.
MS. DUGAN: Okay. And in this case not only do we have her not communicating with Garcia on the way out there, but we have the rental agreement with him being in the same place in Miami, at the same time, renting a car and her going back home?
CHRISTOPHER CORBITT: we have the rental agreement with his signature and we have her approximate cell site location together, yes.
MS. DUGAN: Okay. where was Rivera's handset during that time? was he at the Comfort Rental Car too?
CHRISTOPHER CORBITT: So, again, looking around the time of the rental contract, Mr. Rivera's handset has events that are communicating with cell sites more consistent with his residence where he was staying at the time.
MS. DUGAN: And his residence, is that a residence on 135th Street you're referring to?
CHRISTOPHER CORBITT: Yes, it is.
MS. DUGAN: Okay. So is there any evidence that Rivera was involved in the rental of this Nissan from Comfort Rental Car that day?
CHRISTOPHER CORBITT: what I can say is that his handset has events that are not consistent with Comfort Rental Car around the time of the rental.
MS. DUGAN: Okay. All right. Do we have any other evidence that shows who rented the car on June 2nd, besides the Comfort rental agreement that we saw?
CHRISTOPHER CORBITT: As far as who rented the vehicle, I believe the rental agreement is complete on that. There is a citation, which may help us understand who was operating the vehicle.
MS. DUGAN: Okay. Can you show us that?
CHRISTOPHER CORBITT: Sure.
MS. DUGAN: And what do we see here?
CHRISTOPHER CORBITT: Again, a Florida traffic citation that was issued to Mr. Garcia. We see that the vehicle description and tag are the same as from the rental contract. And the date and time would be after the rental of the vehicle.
MS. DUGAN: And he received that citation at 9:48 p.m. on June 2nd of 2014?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: I guess that's about an hour after he rented this vehicle?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: All right. So after he got this traffic ticket, did he rent another car?
CHRISTOPHER CORBITT: The vehicle -- there was another rental contract obtained that does show the vehicle -- or a different vehicle being rented and that being a blue Hyundai Sonata. That was on June 3rd.
MS. DUGAN: Does Luis Rivera's name appear anywhere on that agreement?
CHRISTOPHER CORBITT: It does not.
MS. DUGAN: All right. what can you tell us about the travel of Luis Rivera's handset on June 4th of 2014?
CHRISTOPHER CORBITT: Again, just looking at the cell sites that his handset is communicating with, we do see kind of chronologically the cell sites are being communicated with in the Miami area, and then across Interstate 75, or Alligator Alley, and continuing up Interstate 75 on the west coast of Florida. And then, eventually, to Tallahassee.
MS. DUGAN: And about what time did they arrive in Tallahassee?
CHRISTOPHER CORBITT: It was just after noon on the 4th.
MS. DUGAN: Okay. Now, do we have any records, phone records, for Sigfredo Garcia during that car rental on the June 2nd, or when he got the citation later, or exchanged the car or on the drive up to Tallahassee.
CHRISTOPHER CORBITT: we were not able to obtain any records with location in this time frame.
MS. DUGAN: So in June of 2014 for Garcia?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. Will we see some records for him next for the July trip?
CHRISTOPHER CORBITT: we will, yes.
MS. DUGAN: Okay. Was there any other evidence showing that Luis Rivera traveled towards Tallahassee from Miami on June 4th?
MR. DECOSTE: Objection, hearsay.
JUDGE WHEELER: You're referring specifically to what?
MS. DUGAN: To something that's already in evidence. The traffic citation.
JUDGE WHEELER: All right. That's overruled.
You can answer the question.
CHRISTOPHER CORBITT: So, yes. Again, law enforcement was able to recover a traffic citation that was issued to Mr. Rivera. And the date and time of this would have been during the travel to Tallahassee.
BY MS. DUGAN:
MS. DUGAN: Are you able to -- oh. Thank you. Okay. So that shows the type of car, who received the ticket and the date and time?
CHRISTOPHER CORBITT: That is correct.
MS. DUGAN: All right. So were you able to see on the map where this ticket was received?
CHRISTOPHER CORBITT: Yes. Having, again, the address where the general location of the citation and the time, then we can look at that, where that is located on Interstate 75. And then, also, through his call-detail records, we're able to see if there are events around the time of the citation and then look at the cell sites that handset is communicating with.
And what we see is that the cell site usage of the handset is consistent with the time and the location of the traffic citation.
MS. DUGAN: All right. Moving forward to June 5th of 2014. was Rivera's phone ever consistent with being near Dan Markel's Trescott Drive residence on that day?
CHRISTOPHER CORBITT: Yes. We do see events not long after arrival to -- in the 12:33 to 3:25 time frame where Mr. Rivera's handset is communicating with a cell site and a sector that would be consistent with the area of Mr. Markel's residence.
MS. DUGAN: Is there any other evidence showing Sigfredo -- or, I'm sorry -- showing the location of that rental car near Markel's home?
CHRISTOPHER CORBITT: Yes. The rental car was equipped with a GPS tracker, or an asset recovery device, in case someone forgets to return it. And we do have the location information from that vehicle. And what we see is there was a location at 3:17 p.m. which is within the time frame of Mr. Rivera's records in this area. And it shows that the rental vehicle is consistent with that same cell site and same general area of Mr. Markel's residence.
MS. DUGAN: So during the same time period that Luis Rivera's phone is communicating with that cell site consistent with Dan Markel's house in Betton Hills, the rental car that Sigfredo Garcia rented, that GPS is pinging in that same location next to Betton Hills?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. Yeah, thank you. what park is that that the GPS showed that the rental car was at?
CHRISTOPHER CORBITT: I believe that is winthrop Park. It is there at, again, Betton and Thomasville area.
MS. DUGAN: Okay. Are you familiar with Rivera's statement that he and Garcia spent time with a drug dealer here in Tallahassee?
CHRISTOPHER CORBITT: I am, yes.
MR. DECOSTE: Objection, hearsay, move to strike.
JUDGE WHEELER: Overruled. He's with law enforcement.
BY MS. DUGAN:
MS. DUGAN: when reviewing Rivera's records, did you see a Tallahassee number that Rivera was communicating with while they were here in Tallahassee?
CHRISTOPHER CORBITT: There was a local phone number that was communicated with by either Rivera or Garcia during one of the trips.
MS. DUGAN: And was law enforcement able to track down the person that was using that phone number at that time?
CHRISTOPHER CORBITT: They were, yes.
MS. DUGAN: Okay. After this GPS ping of the rental car rented by Garcia at the same time Rivera's phone puts him near Markel's house, where does Rivera's phone travel at that point?
CHRISTOPHER CORBITT: From that time on, you can see our 3:25 time frame there in Tallahassee. The handset and the cell site usage would be consistent with returning to the Miami area.
MS. DUGAN: what time did Rivera appear to arrive back in Miami?
CHRISTOPHER CORBITT: It would have been late night, after 11, close to midnight.
MS. DUGAN: So that would be the night of June 5th, moving into the early morning hours of June 6th?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. And it looks like Rivera was pretty steadily on his phone throughout that trip back. Lots of events?
CHRISTOPHER CORBITT: Yes. There were a number of events in the records for us to be able to plot. As to exactly what those are, they're not represented here. But, again, it could be a text message, a voice call. It could be incoming. It could be not answered. But it was something that created a location record for us.
MS. DUGAN: were there any records of communication between Katherine Magbanua and Sigfredo Garcia during the June trip to Tallahassee?
CHRISTOPHER CORBITT: There are, yes.
MS. DUGAN: And we don't have call-detail records of Garcia during that time, right?
CHRISTOPHER CORBITT: That's correct, we do not.
MS. DUGAN: And how does that happen? why don't we?
CHRISTOPHER CORBITT: Again, going back to the merger between Metro and T-Mobile at that time. We worked extensively with both carriers and we were unable to find the records; whichever carrier maintained them at that switchover point, neither was able to provide records with location information for that time frame.
MS. DUGAN: Is that the first time that's ever happened to you, or are you sometimes not able to get records of suspects?
CHRISTOPHER CORBITT: There are other reasons why we may not be able to get records. It may be too far in the past to be able to get them or other reasons. But, in this case, we were not able to get them.
MS. DUGAN: Okay. So how were we able to see whether Garcia and Magbanua communicated during the June trip to Tallahassee?
CHRISTOPHER CORBITT: well, we do have Ms. Magbanua's records. So, certainly, if she is communicating, for part of that communication we would see that it in her records, just like we would have seen it in his.
MS. DUGAN: Okay. Can we see the amount of communication between them during that trip? All right. So what do we see here?
CHRISTOPHER CORBITT: This is, again, a summary of the call-detail records where we've added the names; we've made sure that the times are correct. And so this shows from the time period that we saw Mr. Rivera's handset leaving Miami until it returns, these are the communications between Ms. Magbanua and Mr. Garcia.
MS. DUGAN: Okay. Are these voice calls? Are they all text messages? what do we see?
CHRISTOPHER CORBITT: It's a combination of both.
MS. DUGAN: Okay. And a combination of incoming and outgoing as well?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Looks to be about 16 communications between them over the course of those two days?
CHRISTOPHER CORBITT: Seems about right.
MS. DUGAN: All right. we talked about how we can't go back retroactively and listen to what's going on in these phone calls. Are we able to see the text messages?
CHRISTOPHER CORBITT: In this situation, we are not. So the text messages here are from the Sprint historical call-detail records. Those do not contain content. We cannot see what text message was sent or received. I'm not aware of any other location where that information may have been saved. If we had the hand-sets for the time and we were able to do a forensic extraction, you may be able to see them if they were backed up somewhere else or some other service.
But, to my knowledge, there's no recording or preservation of the actual text-message content in this time frame.
MS. DUGAN: Okay. So we can see that a voice call or a text occurred, but we don't know the content of it?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: All right. Were there any records of communication between Katherine Magbanua to any number associated to Luis Rivera on June 5th of 2014?
CHRISTOPHER CORBITT: There was.
MS. DUGAN: Okay. Tell me about that.
CHRISTOPHER CORBITT: So what we see is at 10:59 --
MR. DECOSTE: Objection, Your Honor, motions in limine, facts not in evidence.
JUDGE WHEELER: Overruled.
MR. DECOSTE: Your Honor, if we can come sidebar.
(Sidebar had as follows):
MR. DECOSTE: Thank you, Your Honor. During motions in limine, there was an objection to a demonstrative that had a phone number for Luis Rivera. And I made argument that the evidence that was received showed that the phone number was a different phone number that belonged to him. That it was one digit off. The slide that's up there now is for that phone number.
Before we began today, Ms. Dugan came up to me and presented to me a printout and a business record certification to just show it to me. Now, they've, apparently, received new discovery for that phone number that has never been provided to us. Had it been provided to us, they would have made that argument when we were litigating the demonstrative, and Ms. Dugan would have no need to come up to me before to show it to me.
At this point in time, there are no records in evidence saying that the phone number that's on that screen belongs to Luis Rivera. And on that screen it says that a phone number that my client communicated with belongs to Luis Rivera. That's not in evidence, so it's no summary.
JUDGE WHEELER: Is there going to be an explanation in regards to that phone number?
MS. DUGAN: well, the demonstrative with this number on it is already in evidence. He has already -- Luis Rivera has identified that as a prior phone number of his. And the witness, Chris Corbitt, will say that the number on the screen, the 934 number, was in Katherine Magbanua’s phone as Tato, which is Luis Rivera's nickname.
JUDGE WHEELER: Are you saying that Rivera testified that the 6615 number is his number?
MS. DUGAN: It's the 364 we're talking about.
MS. CAPPLEMAN: May TI be heard, Judge, on that issue?
JUDGE WHEELER: Yes.
MS. CAPPLEMAN: Mr. Rivera testified that his memory was Clearer before and that he did recall the phone numbers before. And that he had seen that exhibit, State's Demonstrative C, before and authenticated them at that time. As he sat here today, he did not recall the phone numbers. So it was past recollection recorded.
MR. DECOSTE: So, Your Honor, he was presented with the demonstrative that had the phone number on it. And even when it was in front of him, he was not able to confirm that that was his phone number.
Just to clarify something that ASA Dugan said, there are no call-detail records for 934-6615. If the government wants to bring it in, they need to subpoena records for the caller identity. So who that number belongs to, something. They can't just get up there and say this belongs to Luis Rivera. And Luis Rivera himself, even a witness who is primed to say yes to anything, still couldn't even say --
JUDGE WHEELER: How is this witness going to know that this is Luis Rivera's phone number?
MS. DUGAN: This is the number that Katie -- Katherine Magbanua had in her phone as Tato.
JUDGE WHEELER: That's not before the jury at this point. Is that going to come before the jury?
MS. DUGAN: Yes. I was just about to ask him that. That how do we know this is Luis Rivera's number. This is the number she had for Tato in her phone.
MR. DECOSTE: That raw data is not in evidence. If the government wants to use a summary, which we disagree that those are -- but if they want to use a summary, they have to have the raw data in first. Nowhere in that evidence does it have a phone number saved as Tato. You have call-detail records. You don't have raw data from the phone.
JUDGE WHEELER: Do we have into evidence what --
MS. DUGAN: No. But we have Luis Rivera saying that, you know, recognizes that number. And that he has previously said this was an old number.
JUDGE WHEELER: why didn't he testify to that this time? He didn't testify to that this time. That's what they said.
MS. DUGAN: Okay. I guess I can take a break and call the person that did the Cellebrite to move in her contacts.
JUDGE WHEELER: No, we're not going to take a break. And you're not going to be able to refer to that as his number at this time.
MR. DECOSTE: May I ask for a curative, Your Honor, for the jury.
MS. DUGAN: One more thing.
MR. DECOSTE: Okay.
MS. DUGAN: What I showed defense counsel right before this, Jason Newlin gave me at lunch, is from Apple that shows that that number belongs to Luis Rivera and it's certified. And it has been previously sent in discovery, according to Jason Newlin.
JUDGE WHEELER: We don't have that in evidence.
MS. DUGAN: I have it here. And I can show it to the witness and move it in as a certified business record.
MR. DECOSTE: Your Honor, we need a Richardson hearing. I am meticulous with discovery. we have never received this item.
JUDGE WHEELER: Have they ever received this item?
MS. DUGAN: TI don't do discovery for this case. Jason Newlin said that they have.
MR. DECOSTE: If the government had it, they would have argued it when we were talking about the demonstrative when I said that number doesn't belong to Luis Rivera.
JUDGE WHEELER: This number, at this point, is not coming in as Rivera's number. So you're not going to refer to it. So I don't know if you need to move past it or what. But it's not coming in as Rivera's number.
MR. DECOSTE: Can the defense get a curative to the jury?
JUDGE WHEELER: I'‘11 tell the jury to disregard any questions or any information in regards to this being Rivera's phone number. And then we can move on from there.
Now, I've heard enough. That's enough.
(Sidebar concluded.)
JUDGE WHEELER: All right. Just one instruction for the jury. At this point the jury is to disregard any evidence or testimony that this number that is here in bold is Luis Rivera's number. You are to disregard that at this point. All right. Thank you.
BY MS. DUGAN:
MS. DUGAN: Let me ask you, Sergeant Corbitt, would the contacts of Katherine Magbanua's phone be on the call-detail records?
MR. DECOSTE: Objection, Your Honor, move to strike the question.
JUDGE WHEELER: She can ask that question.
CHRISTOPHER CORBITT: The contacts from her icloud would not be in her call-detail records.
BY MS. DUGAN:
MS. DUGAN: Okay. We would need the contact list for that?
CHRISTOPHER CORBITT: So, again, the records that come to us from the carrier are just phone numbers. No names attached. For us to know the contact or name that goes with a number, we could have a contact list from a handset. So, again, if we had Ms. Magbanua's handset and we downloaded it forensically, she may have a contact list.
If she had an icloud account and that information was backed up to the iCloud account, then we may see contacts in that account. But we would need something other than the actual call-detail records from the carrier to link a name to a number.
MS. DUGAN: Okay. Now, we heard that Luis Rivera's phone records show that he got back to Miami around midnight on June 5th, moving into June 6th.
Now, where in Miami did the GPS show that the rental car rented by Sigfredo Garcia was on the morning of June 6th, 2014, after it arrived back in Miami?
CHRISTOPHER CORBITT: So the -- again, the GPS information provided from the rental vehicle showed it close to the area of Ms. Magbanua's residence.
MS. DUGAN: And do you have constant GPS in this case or just one GPS ping per every few hours?
CHRISTOPHER CORBITT: In this case, it was just every so many hours. It would periodically provide a location update, but it was not continuous.
MS. DUGAN: Okay. The rental car was supposed to be returned June 5th by 8:50 p.m., right?
CHRISTOPHER CORBITT: I believe so, yes.
MS. DUGAN: So by June 6th at 8:48 a.m., we're already well past that time?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: Okay. And Ms. Magbanua's residence is just across the street here from where that car is parked?
CHRISTOPHER CORBITT: Yes. So her residence is this (indicating) apartment building and then the GPS location.
MS. DUGAN: Okay. what can you tell us about the defendant Katherine Magbanua's locations that afternoon of June 6th after the car is in this location that morning?
CHRISTOPHER CORBITT: Again, looking at the cell sites utilized by the handset, we do see that those cell sites would be consistent with travel back towards the area of Comfort Rent a Car.
MS. DUGAN: Okay. So looking here at the map, she's consistent with her residence around 4:30. And by about 45 minutes later is communicating with the cell site near Comfort Rental Car again?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: And can you go to the next slide? Do we have some exact times on that? Okay. Thank you.
So what does this show?
CHRISTOPHER CORBITT: Again, just looking more specifically, beyond just where the cell sites are located, but, again, looking at which particular sector of the cell site the handset was using. For events we have at 5:15 and 5:20, again, we see that the handset is using the sector that would be consistent with servicing Comfort Rent a Car.
MS. DUGAN: Okay. And is she using that same cell site that she was uSing at the 8:53, 8:57 times on the 2nd at the time the car was being rented?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: All right. Let's talk about location information surrounding Luis Rivera and Garcia's trip to Tallahassee in July of 2014. You said you do have both phone records at that point? You have Garcia and Rivera's in July?
CHRISTOPHER CORBITT: That's correct, we do.
MS. DUGAN: Okay. was it similar as the June trip where they rented a car in Miami, they drove it up to Tallahassee?
MS. DUGAN: All right. will you -- well let's talk about, actually, the night on July 14th of 2014, the night before the car was rented. Did you look at the cell-phone records to see what communications led up to the car rental?
CHRISTOPHER CORBITT: I did, yes.
MS. DUGAN: And what communications were there between the defendant and Sigfredo Garcia that night? And also between the defendant and Charlie Adelson?
CHRISTOPHER CORBITT: Again, we see the evening of the 14th into the early morning hours of the 15th, we see that there are communications both with Mr. Garcia and Mr. Adelson, Charlie Adelson.
MS. DUGAN: Do we have any information about Charlie Adelson's plans or locations that evening?
CHRISTOPHER CORBITT: I believe we do, yes.
MS. DUGAN: Okay. Can you show that to us?
CHRISTOPHER CORBITT: So we see that there is an incoming voice call from Mr. Adelson at 8:52. Again, one of the other resources we have is the icloud account for Mr. Adelson, which does contain some messaging. So looking around the time of this, we see that there is a message that indicates, I just tried calling you. So this would be from Mr. Adelson to Ms. Magbanua.
MS. DUGAN: Okay. And what do you see after that?
CHRISTOPHER CORBITT: Then we see a response: Hey. No, I'm hungry, but you can come down here. We can eat in Midtown.
MS. DUGAN: Okay. And are you able to see what his locations were during those times or that evening?
CHRISTOPHER CORBITT: I am. AS we continue through the messages, we see that he says: Five minutes, on 79, and, Okay. So, looking at his locations, we see that those first events at 9:00 p.m. would be consistent with the area of his residence. And then the next event that we have with location is 27 minutes later, which would, again, be consistent with the area of Ms. Magbanua's residence.
MS. DUGAN: And does he stay the night there or does he go home after that?
CHRISTOPHER CORBITT: I believe he goes home after that.
MS. DUGAN: Now, after Charlie Adelson leaves her home that night, does her handset communicate with Sigfredo Garcia?
CHRISTOPHER CORBITT: It does, yes.
MS. DUGAN: And where is Katherine Magbanua during her communication with Sigfredo Garcia that night?
CHRISTOPHER CORBITT: She would be consistent with the area of her residence.
MS. DUGAN: That communication with Garcia would have been between 12:48 a.m. and 1:56 a.m.?
CHRISTOPHER CORBITT: Yes. If you're referring to these communications here Cindicating.)
MS. DUGAN: Okay.
CHRISTOPHER CORBITT: which began, as you said, 12:48, and they run through 1:56 a.m.
MS. DUGAN: All right. So moving on to the next day, July 15th of 2014, the day that the Prius was rented. what company does Sigfredo Garcia call the morning of July 15th?
CHRISTOPHER CORBITT: what we see is, after those events that we just talked about in the early morning hours with Ms. Magbanua, there are a number of events, calls or texts. And the first rental car that we see is the Comfort Rent a Car, which is an outgoing call at 9:09 a.m.
MS. DUGAN: So he calls Comfort Rental at 9:09 a.m.?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: And that's the same company they -- that -- that he used for the June rental car?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Are there any calls between Garcia and Rivera that morning before he calls Comfort Rental Car at 9:00 a.m. or 9:09 a.m.?
CHRISTOPHER CORBITT: There are not.
MS. DUGAN: As the day goes on, after Sigfredo Garcia calls Comfort Rental, are there a number of other communications between Rivera and Garcia, and Garcia and the defendant throughout the day?
CHRISTOPHER CORBITT: There are, yes.
MS. DUGAN: which rental company does Sigfredo Garcia call at 4:28 p.m.?
CHRISTOPHER CORBITT: He calls Hybrid Rental, also known as Save Gas.
MS. DUGAN: Okay. And after that call, is there more communication between Garcia and Rivera?
CHRISTOPHER CORBITT: There is, yes.
MS. DUGAN: All right. After that communication, what do we see?
CHRISTOPHER CORBITT: well, we were able to recover another rental contract for the Hybrid/Save Gas.
MS. DUGAN: Okay. And this time is the person that Garcia was just communicating with frequently that afternoon Rivera; is he the one that rents this car?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Looking at the top we see "brother" and a phone number. That phone number (786) 372-5986, is that the number for the call-detail records for Sigfredo Garcia and also the one that he put on the June rental contract with Comfort Rental Car?
CHRISTOPHER CORBITT: It is, yes.
MS. DUGAN: All right. And that gives us the make and model of the car. Looking at Toyota, Prius, green and the date and time of the rental?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. So that was rented at 6:15 p.m.?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: On July 15th. Okay. Did you analyze Luis Rivera and Garcia's phone records in relation to the rental car company?
CHRISTOPHER CORBITT: Yes. Again, looking at their events around the time of the rental contract, we see that both of their hand-sets are communicating with cell sites consistent with that general area.
MS. DUGAN: And that's at the time that the car was rented or around that time?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: All right. So after this car was rented, is there communication then between Garcia and Katherine Magbanua over the next three-hour period?
CHRISTOPHER CORBITT: There is, yes.
MS. DUGAN: Okay. Can you show that to us?
All right. And what do you see?
CHRISTOPHER CORBITT: These are just a number of events between the hours, again, here of 6:30, 7:00 until about 9:30 p.m. on the evening of the 15th. And these are events between Ms. Magbanua and Mr. Garcia.
MS. DUGAN: So this would have been after the car was rented, going through three hours, those are all the events between them. And then what happens -- does the communication between them end abruptly at some point?
CHRISTOPHER CORBITT: It does. As we can see, there are a number of events through this time period. And that ends at 9:30; that is the last event for a number of hours.
MS. DUGAN: what are Katherine Magbanua's locations after the Prius rental?
CHRISTOPHER CORBITT: So, her locations, the cell sites and sectors her handset is using that evening would be consistent with servicing the area of her residence.
MS. DUGAN: And what are Garcia's locations after that Prius is rented?
CHRISTOPHER CORBITT: So, initially, and this is prior to that 9:30 time frame, we see that his handset is using a number of different cell sites and sectors. And they would primarily be consistent with where he was staying at the time with Ms. Carmona.
MS. DUGAN: Okay. And is that Stephanie Carmona?
MS. DUGAN: Through this investigation, is her nickname "Shrimp"?
CHRISTOPHER CORBITT: It is, yes.
MS. DUGAN: Okay. And that's kind of the other lady in his life, besides Katherine Magbanua?
CHRISTOPHER CORBITT: As I understand, yes.
MS. DUGAN: Okay. Now, tell us about what happens with this communication after he leaves Stephanie Carmona's residence.
CHRISTOPHER CORBITT: well, again, we saw the communications back and forth between Ms. Magbanua and Mr. Garcia that ended at 9:30. we can see that Mr. Garcia's event -- he has an event here at 9:30 where the cell site and sector being used is more consistent with Ms. Magbanua's residence. And, in fact, for the next hour or so, again, the cell sites and sectors would be consistent with Ms. Magbanua's residence.
MS. DUGAN: Okay. So, obviously, there's other homes near Katherine Magbanua'’s residence. She's not the only person that lives on that island, right?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. But looking at their communications, how they're talking, talking, talking, talking, and it ends abruptly once he's consistent with her residence at 9:30, could that be consistent with them talking and then finally having met up at that point?
CHRISTOPHER CORBITT: Could be, yes.
MS. DUGAN: All right. Based on the GPS from the Toyota Prius, where was the Prius the night of July 15th of 2014?
CHRISTOPHER CORBITT: Again, we have a GPS coordinate from the vehicle, 10:25 p.m., and it shows it, again, consistent with the area of Ms. Magbanua's residence.
MS. DUGAN: Okay. And, again, in a parking lot kind of right next to her building?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. Moving on to the next day, on July 16th. Did Garcia and Rivera's phones appear to leave the Miami area the next day on July 16th?
CHRISTOPHER CORBITT: They did, yes.
MS. DUGAN: All right. what time? what time did they leave, I mean?
CHRISTOPHER CORBITT: well, we can see they leave in the early afternoon hours of the 16th. we see the events at the bottom, 1:42, 1:53. And, of course, because we have so many events shown on the map here, there are events on top of one another. So there may be events that are hidden under here.
But this still gives us a good indication of the approximate times of their travel. But we can see through the 7:00, 8:00, 9:00 and 10:00 p.m. time frame, they're traveling through the State and they reach the Tallahassee area some time around midnight.
MS. DUGAN: was there a GPS ping from the rental car on their trip up?
CHRISTOPHER CORBITT: Again, we do have a GPS location for that vehicle at 11:26 p.m. Mr. Rivera is the only one who has events in his records right around this locate. But, again, we see that the cell sites he's using at this time are consistent with the area that the rental car was located in.
MS. DUGAN: All right. So moving on to the next day, July 17 -- or what time do they get into Tallahassee on the 16th or thereabouts.
CHRISTOPHER CORBITT: Again, it was just around midnight.
MS. DUGAN: Okay. SO moving on to the next day, July 17th. So this is the day before the murder of Dan Markel. Are Garcia and Rivera's phones ever consistent with being at the Markel residence on Trescott?
CHRISTOPHER CORBITT: Yes. We do see, again, Mr. Rivera's information here in blue. He is communicating with cell sites and sectors that would be consistent with servicing the area around Mr. Markel's residence. He is the first one, this date, to have records.
And then later we see that Mr. Garcia has events as well that are also -- this 2:30 event would also be consistent with the area around Mr. Markel's residence.
MS. DUGAN: Okay. Now, the first one that we saw at 11:47 and 11:58, does Garcia's phone have any events at that time?
CHRISTOPHER CORBITT: He does not have events at this time.
MS. DUGAN: Okay. So either his phone was off, or he wasn't using his phone, whatever, around that time?
CHRISTOPHER CORBITT: Correct. And, again, his carrier provides location for fewer events than Mr. Rivera's. So we're almost always going to see more events with locations in Mr. Rivera's records because they provided for data and text messages. Whereas T-Mobile did not.
MS. DUGAN: Okay. All right. So then we've got events for both of them, you said, around the 2:30 time period?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. Moving on to the next day, July 18th, the day of Dan Markel's murder. what can you tell us about Rivera and Garcia's handset locations that morning?
CHRISTOPHER CORBITT: well, again, from the video we are able to know approximately when the Prius entered the parking lot of the Premier Health and Fitness around 9:15. Again, the events that we saw earlier for Mr. Garcia's handset, the 9:36 and the 9:58, as well as events from Mr. Rivera's handset, both of those hand-sets are communicating with cell sites and sectors that would be consistent with Premier Health and Fitness, after the time that we see the Prius enter the parking lot.
MS. DUGAN: Do both of those companies use the same tower?
CHRISTOPHER CORBITT: They do not use the same tower. They all have their own separate infrastructure. Sometimes they are co-located, meaning they may have antennas on the same physical tower. But, oftentimes, they are completely separate structures.
MS. DUGAN: Now, even though Garcia and Rivera's hand-sets are using different towers because they're different phone companies, are both their hand-sets consistent with being together at Premier the morning of the murder?
CHRISTOPHER CORBITT: It is consistent with that, yes.
MS. DUGAN: Okay. And what time did they leave Premier that day?
CHRISTOPHER CORBITT: well, from the surveillance video, we can see that Mr. Markel leaves just after 10:38 and the Prius shortly thereafter, 10:38:57 is this video clip.
MS. DUGAN: And Garcia's last event with any location information was at 9:58 a.m., right?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. what time was his next event?
CHRISTOPHER CORBITT: His next event was after noon, around 12:30. well, he had incoming events that don't reach the handset. If you're asking about event with location, it would be in the 12:30 time frame.
MS. DUGAN: And what was the location of his next active event at 12:30?
CHRISTOPHER CORBITT: We can see here that we have the events we just talked about in the morning around Premier. We see that the handset, Mr. Garcia's handset in orange, the next event that he has with location is there at 12:30. And it would be consistent the Alachua County area.
MS. DUGAN: So, if you don't mind using your pointer for a second, the dots that we see are in Tallahassee, that's his last location information at 9:58?
CHRISTOPHER CORBITT: That's correct. So those are the events that we just looked at, the cell sites and sectors that were consistent with Premier Health and Fitness. So we have locations just before the 10:00 a.m. time frame. And then we have no locations again until Mr. Garcia's handset at 12:30.
MS. DUGAN: Okay. And who did he call at 12:30 p.m.?
CHRISTOPHER CORBITT: Ms. Magbanua.
MS. DUGAN: And this is the first call that Garcia makes after he uses that Premier Tower at 9:50 a.m.?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Did that call connect?
CHRISTOPHER CORBITT: That call did connect.
MS. DUGAN: Okay. Can you show us that? Or what do we see here, I'm sorry?
CHRISTOPHER CORBITT: Here, again, is the call summary. we see those two events at 9:36 and 9:58. Those are the ones that gave us the cell-site location we looked at. I mentioned earlier that there would be some incoming calls that would not reach the handset, and that is the 12:18 and 12:19. Those calls were unable to be connected to the handset. Off, power down, off the network, whatever it may be. And then, right at the 12:30 time frame we see these short messages, these 1:22, 1:29. These are usually indicators or messages from the carrier to the handset. Primarily a voice mail prompt. How you get the little icon that pops up on your phone that says hey, you've got a voice mail.
And then we see that 12:30, the outgoing call to Ms. Magbanua for 20 seconds. And this is from Mr. Garcia's records so that would be his duration from his records.
MS. DUGAN: Okay. So once that phone is powered back on again, that would have been at 12:30?
CHRISTOPHER CORBITT: The indications -- the notifications to the phone are an indication that the phone was just powered on at that time. And then, yes, that phone call at 12:30 would be to Ms. Magbanua.
MS. DUGAN: Okay. So the three numbers we see, that means the phone is being powered on and the first outgoing call is to Katherine Magbanua?
MS. DUGAN: Okay. And can you show us that in your records which call that is? This one that's highlighted in red right here?
MS. DUGAN: And you said that the call did connect?
CHRISTOPHER CORBITT: It did.
MS. DUGAN: Meaning that it was not routed to voicemail?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. But it was a short duration though?
CHRISTOPHER CORBITT: It was.
MS. DUGAN: were you able to see that call not only in his records but also in her records?
MS. DUGAN: Okay. And tell me about the duration -- or about the -- did it appear to connect in her records as well?
CHRISTOPHER CORBITT: It did, yes.
MS. DUGAN: All right. I want to move on to later in the day on July 18th. Do we have a map showing how Garcia and Rivera traveled back to Miami, like, what route that they took?
CHRISTOPHER CORBITT: we do. Again, the map that we saw previously was, again, consistent with travel down 75, the Alligator Alley corridor, and them coming into South Florida.
MS. DUGAN: Okay. So they came across 75, across Alligator Alley?
MS. DUGAN: And is this them arriving back in the Miami area close to 6:00, 7:00 p.m.?
CHRISTOPHER CORBITT: It is, yes.
MS. DUGAN: Okay. Did they stop anywhere once they got back to Miami?
CHRISTOPHER CORBITT: They did. Again, investigators were able to obtain bank records, which show that there was an ATM withdrawal from Mr. Rivera's account. Those records contained the location of the ATM and the date and time of that withdrawal. In our location analysis, we take that date, time and location, we put it on a map and we compare it with the cell sites that their hand-sets are using to see if it's consistent with them being in the area at that time.
MS. DUGAN: And were there photos of them at the ATM as well?
CHRISTOPHER CORBITT: There were, yes.
MS. DUGAN: what do we see here?
CHRISTOPHER CORBITT: So we see the location of that ATM from the bank records. We also see the cell sites that both of their hand-sets were using at this time. Rivera in blue, Garcia in orange. And we see that those cell sites are consistent with the area of the ATM around the time of the ATM withdrawal.
MS. DUGAN: where did they go once they left the ATM?
CHRISTOPHER CORBITT: we still have the images from the ATM.
MS. DUGAN: Okay. And where did they go once they left the ATM?
CHRISTOPHER CORBITT: Once they left the ATM -- that ATM is located kind of on the west side -- they traveled to the east side of Miami, consistent with either of their residence.
MS. DUGAN: Now, was Harvey Adelson, Donna Adelson or Charlie Adelson in Tallahassee on the day of the murder, July 18th, 2014?
CHRISTOPHER CORBITT: Their hand-sets were not.
MS. DUGAN: Okay. Thank you. Their hand-sets weren't. On July 18, 2014, will you walk us through the phone activity among Sigfredo Garcia, Luis Rivera, Katherine Magbanua and, also, you know, the Adelson's phone activity that morning?
CHRISTOPHER CORBITT: Yes. Again, so combining a number of records, combining Ms. Magbanua's records, combining Mr. Adelson's records, Mr. Garcia's records, then we're able to see that morning, of those persons that you mentioned, who is communicating with who and at what time.
MS. DUGAN: Okay. And I just want to be clear, these calls aren't the only calls in all of these people's phone records that day?
CHRISTOPHER CORBITT: No, it is certainly not. This is filtered down just to the names that you mentioned: Mr. Adelson, the Adelson family, Ms. Magbanua, Mr. Garcia.
MS. DUGAN: So this is only showing all of these parties’ calls -- if anyone called each other, these are their calls?
MS. DUGAN: From the people that I named? Okay. Each of these individuals, they're using their phones to contact other people in their lives throughout the day on any of these slides that we show?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. we're just trying to show the communication between these parties on these significant days?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: All right. So looking at the 18th, can you kind of just walk us through what you see here on that day?
CHRISTOPHER CORBITT: So this would include beginning prior to the actual homicide, 12:01 a.m., we see that Ms. Magbanua -- there's an outgoing call to Mr. Garcia's. There's Ms. Magbanua and Mr. Adelson, contact between their numbers in the 12:07, 12:34. Mr. Adelson again up and through 1:03.
Then it picks up again 8:09 in the morning with wendi and Donna Adelson talking. There's communication again between Charlie and wendi and some of the other players, Ms. Magbanua and Mr. Adelson, throughout that 9:00 and 10:00 a.m. time frame.
MS. DUGAN: Okay. what's the red line that we see there?
CHRISTOPHER CORBITT: The red line would indicate the time in these records where Mr. Markel was killed.
MS. DUGAN: Okay. And the last call we see there, we see that after the point that he is murdered, Charlie Adelson had some contact with Donna Adelson. Katherine Magbanua and Charlie Adelson have some contact. And then the 12:30 call, have we seen that call previously?
CHRISTOPHER CORBITT: Yes. That is the call that we had mentioned prior from Mr. Garcia to Ms. Magbanua after the homicide. And, again, previously we saw it from Mr. Garcia's records, the duration was shorter. From Ms. Magbanua's records it shows a duration of 44 seconds.
MS. DUGAN: Did Katherine Magbanua communicate with Sigfredo Garcia during the July 16th to 18th trip?
CHRISTOPHER CORBITT: She did, yes.
MS. DUGAN: Okay. And does that slide-show a number of communications between the two during those -- from the 16th to the 18th?
CHRISTOPHER CORBITT: It does, yes.
MS. DUGAN: Okay. Some are voice, some are text?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Some are incoming, some are outgoing?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: All right. Can we move on to July 18th?
All right. So after they leave the ATM -- Garcia and Rivera leave the ATM on July 18th after they get back to Miami, after committing this murder. Do they then, after that, go back to Garcia's residence -- I'm sorry, Rivera's residence?
MS. DUGAN: And at Rivera's residence, that's the 135th?
CHRISTOPHER CORBITT: It is, yes.
MS. DUGAN: All right. who was Katherine Magbanua communicating with around that time?
CHRISTOPHER CORBITT: So, again, this is limited to just her contacts with Mr. Adelson or Mr. Garcia. But we do see that in the afternoon and early evening hours, Ms. Magbanua is communicating with both Mr. Adelson and Mr. Garcia.
MS. DUGAN: what was her location during that time leading up to, maybe, about halfway through that list? Okay. Thank you.
CHRISTOPHER CORBITT: So what we see -- the initial cell sites up through about 8:46 would be consistent with the area of her residence. The next we see at 9:20 through 9:23 and then the 9:42.
MS. DUGAN: Was Katherine Magbanua also communicating with a name you mentioned earlier, Yindra Mascaro, that evening?
CHRISTOPHER CORBITT: She was, yes.
MS. DUGAN: Okay. And I think highlighted in bold right now are all the Yindra Mascaro contacts?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: what can you tell us about her location after she leaves her residence? If you could walk us through her locations that evening?
CHRISTOPHER CORBITT: well, again, as we see the events are near her residence. And then the 9:20 to 9:42, that would generally be consistent with travel from her residence towards the area of Mr. Rivera's residence.
MS. DUGAN: who lives on that route that you're showing us here?
CHRISTOPHER CORBITT: So Ms. Mascaro, her residence is along this general path of travel as well.
MS. DUGAN: Okay. what happens at 9:46 p.m.?
CHRISTOPHER CORBITT: So when looking at the specific cell site and sector Ms. Magbanua's handset is using for this event, we see that would be consistent with servicing the area of Mr. Rivera's residence.
MS. DUGAN: And where are Garcia and Rivera's hand-sets around that time, around the 9:00 o'clock, 10:00 o'clock hour?
CHRISTOPHER CORBITT: So, again, the cell sites they're communicating with, also consistent with that general area.
MS. DUGAN: So are all three hand-sets consistent with being at Rivera's residence by about 9:46 p.m.?
CHRISTOPHER CORBITT: They are consistent with that, yes.
MS. DUGAN: Once they're all communicating with the same cell site, does communication -- we saw communication before with her and Sigfredo Garcia. Did they have any communication after she is consistent with being at Rivera's home at 9:46?
CHRISTOPHER CORBITT: No. What we see after the 9:46 event, the next events that she has are with Mr. Adelson. But there are no more events with Mr. Garcia in this immediate time frame.
MS. DUGAN: Okay. So that evening she's talking to Garcia off and on, off and on, and then it stops at 9:46 once she's consistent with the same cell sites that are near Rivera's residence?
CHRISTOPHER CORBITT: Near his residence, yes.
MS. DUGAN: Okay. You mentioned this contact with Charlie Adelson she had after that point. Can you tell us about her location during that time?
CHRISTOPHER CORBITT: Yes. So, again, these events, the 10:20, 10:22, are also communicating with that same cell site and sector that would be consistent with the area of Mr. Rivera's residence.
MS. DUGAN: Okay. were you able to find any messages from Charlie Adelson's iCloud that could give any insight into Magbanua's locations that night?
CHRISTOPHER CORBITT: we did, yes.
MS. DUGAN: Okay. And what's that?
CHRISTOPHER CORBITT: So there were communications earlier in the afternoon of the 18th that we see an inquiry about work. Mr. Adelson's response, About to start a big case. Response, this is at 8:21 p.m. asking if still at work. Response at 8:23, Just finishing, I'm not really feeling good. Maybe we can just hang at my house.
MS. DUGAN: Do you have any more location information for Katherine Magbanua's phone after her calls with Charlie Adelson at 10:20 when she's consistent with Rivera's residence?
CHRISTOPHER CORBITT: we do not have any more location information for her handset that night or into the next morning.
MS. DUGAN: So her handset doesn't have contact with any of the parties again that night?
CHRISTOPHER CORBITT: There's attempted contact but none that actually reached the handset.
MS. DUGAN: Okay. And I'll ask you about that in minute. But from what we have from her, she's contacting Garcia a lot, then she's -- no more contact with him when she's consistent with Rivera's residence. while at Rivera's residence, she has contact with Charlie Adelson. Earlier in the night, he is inviting him over to his house. But then her phone goes off or is powered down and we don't have any location information for her the rest of the night?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: All right. So tell me about the attempted contact with her.
CHRISTOPHER CORBITT: well, we do see from her records --
MR. DECOSTE: Objection, Your Honor. If we can go sidebar, please.
(Sidebar had as follows):
MR. DECOSTE: Thank you, Your Honor. We have the same situation here as we did with Luis Rivera. The phone number being attributed to him. On the bottom of that slide, it's got a phone number and the name next to it is Anthony Ortiz. There are no call-detail records, no user records, no testimony saying that that phone number belongs to Anthony Ortiz, who is a Latin King.
JUDGE WHEELER: Is she familiar with Anthony Ortiz's phone number?
MS. DUGAN: Whenever they recognize a phone number in the call-detail records, they assign it a name if law enforcement has any intel of who it might be associated with.
In this case they received intel that it was associated with Anthony Ortiz. It's also a number that is located in Katherine Magbanua's contact list that the defense has. It's listed in her contact list as Jessica. So it could be either one. But, regardless, it's a number that's participating in this call flurry of people trying to get ahold of Garcia the day that the money is exchanged.
JUDGE WHEELER: All right. So it's a number, but what is he going to identify the number as? As whose number? He doesn't know?
MS. DUGAN: He's going to say he received intel it could be this person or it could be this person. If the Court has an issue with it, I can have him --
JUDGE WHEELER: If he doesn't know whose it is but he's received information that it could be this or this --
MS. DUGAN: Right.
JUDGE WHEELER: If he's not saying it's this number then --
MR. DECOSTE: Your Honor, just to add on that. we took his deposition. And what he said was, I have no idea where I got the information from. That slide says Anthony Ortiz. It doesn't say it could be this, it could be that.
JUDGE WHEELER: All right. well, his testimony is going to say that. And you can cross-examine on that. So I'm going to allow it.
(Sidebar concluded.)
BY MS. DUGAN:
MS. DUGAN: All right. So I think my last question was: what can you tell us about Katherine Magbanua's communication the morning of July 19th, which would be the next day after the murder?
CHRISTOPHER CORBITT: Yes. So we do see at 3:08, 3:11, 3:26 a.m. there are attempted incoming calls from Mr. Garcia. These did not actually reach the handset, and they did not provide location information for us for Ms. Magbanua's locations.
MS. DUGAN: So this would have been a call from him that went straight to her voicemail?
MS. DUGAN: All right. So -- or three calls from him, rather. Okay. So starting the next morning at -- what do you see starting at 9:06 a.m.?
CHRISTOPHER CORBITT: So 9:06 we see an incoming notification, which, again, could be consistent with the phone coming back to the network at this point. Could be. And then we see, beginning at 9:44 a.m., a series of outgoing voice calls to Mr. Garcia's number.
MS. DUGAN: was she able to reach Sigfredo Garcia's number?
CHRISTOPHER CORBITT: She was not.
MS. DUGAN: Does she then reach out to another number after she tries to reach Sigfredo Garcia? Is that six or seven? It's hard for me -- six times?
CHRISTOPHER CORBITT: Yes, she does.
MS. DUGAN: Okay. After she can't reach Garcia six times, after she's unsuccessful with that, does she reach out to another number, a (305) 896-3720 number?
CHRISTOPHER CORBITT: She does, yes.
MS. DUGAN: Okay. why is the name Anthony Ortiz associated with that number? where did you get that information?
CHRISTOPHER CORBITT: That information was provided to me by the investigators during the course of the investigation.
MS. DUGAN: Okay. Is there another possible source of that number from Katherine Magbanua's contacts?
MR. DECOSTE: Objection, hearsay. It's not in evidence.
JUDGE WHEELER: That's sustained.
MS. DUGAN: Okay. But there is another source -- I'm sorry. TI apologize.
BY MS. DUGAN:
MS. DUGAN: All right. So after he reaches out to this other party that you have that law enforcement received information on, maybe, and that's the Anthony Ortiz?
MS. DUGAN: Okay. After that, what happens?
CHRISTOPHER CORBITT: well, we next look at -- for those events, those outgoing calls to Mr. Garcia, we do have location information for Ms. Magbanua. So we looked at the cell sites her handset was communicating with at that time. Those are the first events.
MS. DUGAN: Okay. So what do we have up at the top of the screen here with the yellow flag?
CHRISTOPHER CORBITT: At the very top of that yellow flag is Mr. Adelson's residence.
MS. DUGAN: Okay.
CHRISTOPHER CORBITT: And then we also have Mr. Rivera's residence. we can see that Mr. Adelson's residence is significantly further north in Miami.
MS. DUGAN: Okay. So the last contact that she had on her phone -- communication on her phone before the 9:44 was at 10:20 the night before with Charlie Adelson?
MS. DUGAN: And that was after he invited her to his residence?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: Okay. So then her phone is off the network. It then comes back on. And at 9:44 she has her first contact and her first location that we can see. And she's there in between Charlie Adelson's residence and Rivera's residence?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. And then is that all the dots that we see her communication on her way south?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. what happens after that communication? when she's closer to Rivera's residence, she reached out to another person who you have as Anthony Ortiz there in your presentation?
CHRISTOPHER CORBITT: Yes. And then, after that, we see in -- these are from Mr. Garcia's records -- we see that a number of people are -- or he has a number of incoming events, starting with those 9:44 calls from Ms. Magbanua, the Anthony Ortiz number, eventually the Luis Rivera number, are all attempting to reach him in that 9:44 to 10:20 time frame the morning of the 19th.
MS. DUGAN: Is anybody able to reach him?
CHRISTOPHER CORBITT: They are not.
MS. DUGAN: Now, is Anthony Ortiz a friend of Luis Rivera and Sigfredo Garcia?
CHRISTOPHER CORBITT: He is, yes.
MR. DECOSTE: Objection, personal knowledge. Move to strike.
JUDGE WHEELER: Overruled.
BY MS. DUGAN:
MS. DUGAN: Looking at these call-detail logs, after the Ortiz number tries Garcia a couple of times, does that number then reach out to Luis Rivera?
CHRISTOPHER CORBITT: I'm sorry?
MS. DUGAN: So after the attempts from the Ortiz number to contact Sigfredo Garcia, does that person then reach out to Luis Rivera?
CHRISTOPHER CORBITT: I believe so. There is definitely contact between the Ortiz number and the Rivera number.
MS. DUGAN: Okay. And that would be around the 10:00 o'clock hour there?
CHRISTOPHER CORBITT: That would be a little later.
MS. DUGAN: Okay. what happened with Garcia's phone? Are we able to see why nobody was able to reach him?
CHRISTOPHER CORBITT: Yes. In looking at Mr. Garcia's actual call-detail records, we can see a number of columns here, but of interest to us are these (indicating). And we see that starting after -- he has an event at 5:12 a.m., which does reach the handset. And then the next event, 7:09, all of these are routed to voicemail. There is no longer any location information provider. And the notes from the carrier indicate that the handset is unavailable.
This continues through the rest -- through the duration or the entire set of records that he has.
MS. DUGAN: Could that be consistent with Garcia dumping, getting rid of his phone?
CHRISTOPHER CORBITT: It certainly, could, yes.
MS. DUGAN: what was the last location of Garcia's phone before he just stopped using it all together?
CHRISTOPHER CORBITT: His last location would be consistent with where he was residing at the time with Ms. Carmona.
MS. DUGAN: with Stephanie Carmona?
MS. DUGAN: All right. Now, during this -- we saw this kind of flurry of calls between all these parties. with everyone trying to get ahold of Garcia. Can you tell us about the location of Rivera's phone during that point? During his events.
CHRISTOPHER CORBITT: So the initial -- and I'll try to clarify which time frame you're speaking of. But for the initial calls between Ms. Magbanua trying to reach Mr. Garcia in that 9:44 up until 10:00 or just after 10:00 a.m., Mr. Rivera's location would be consistent with his residence or the area around his residence.
MS. DUGAN: All right. where does he -- does he leave the area of his residence sometime between the beginning of his events and this call flurry in the end?
CHRISTOPHER CORBITT: Yes. Mr. Rivera's handset communicates with cell sites that would be consistent with traveling east, towards the coast and towards the area of Ms. Carmona's residence. And that is just prior to 10:20 a.m.
MS. DUGAN: Okay. So his handset heads from the area of his residence, east over towards Stephanie Carmona's residence, and then what does it do?
CHRISTOPHER CORBITT: It returns to the area of his residence.
MS. DUGAN: Okay. And during this time as he's traveling back and forth, is he continuing to -- who is he communicating with?
CHRISTOPHER CORBITT: He's communicating -- again, he's still -- up until 10:20, attempting to get ahold of Mr. Garcia. And then we see that there is a call from Mr. Rivera to Ms. Magbanua. And some communication back and forth with them.
MS. DUGAN: who called who first that day?
CHRISTOPHER CORBITT: Mr. Rivera called Ms. Magbanua first.
MS. DUGAN: Okay. And that's from a 570 number that he called her from that day?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Did she have that number in her phone?
CHRISTOPHER CORBITT: She did not.
MR. DECOSTE: Objection, Your Honor, move to strike. Same objection as before, it's not in evidence.
JUDGE WHEELER: If he knows that, he can testify to that. Overruled.
CHRISTOPHER CORBITT: It was not.
BY MS. DUGAN:
MS. DUGAN: So is that the first time, in all of the records that we have, that Luis Rivera and Katherine Magbanua have communication on that 570 number that he's currently using in July of 2014?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: After Rivera calls Katherine Magbanua, does Katherine Magbanua call Rivera back?
CHRISTOPHER CORBITT: She does, yes.
MS. DUGAN: Okay. And it looks like they have a total of about four communications between them?
CHRISTOPHER CORBITT: In this time frame, yes.
MS. DUGAN: Okay. And you said from the records we have, she had never been contacted by that number of his, the 570 number, before?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: And she had never contacted it?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: At 10:23 after this -- we see a 10:22 call, outgoing, between Katherine Magbanua and Luis Rivera. The 10:23 call from Katherine Magbanua to Sigfredo Garcia, is that the last call that Katherine Magbanua ever makes to Garcia's phone?
CHRISTOPHER CORBITT: Yes, it is.
MS. DUGAN: Okay. And he no longer uses his phone after that point either you said, right?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. So I'm not just saying that day, but that's the last time she calls Garcia's number ever, was at 10:23, from the records that we have?
CHRISTOPHER CORBITT: It's definitely the last time -- the last time here that she attempts to call it, the account is in existence for a number of days after it has stopped being used. I do not recall any other attempt from her number, in any of those subsequent days, to reach that handset.
MS. DUGAN: Okay. All right. So the last call that we see in this call flurry is an outgoing call from Katherine Magbanua to Luis Rivera, a voice call?
MS. DUGAN: And they talk for about a minute and 25 seconds?
CHRISTOPHER CORBITT: The phone call has a duration of a minute and 25 seconds.
MS. DUGAN: Thank you. All right. So after those events, what can you tell us about Katherine Magbanua's location?
CHRISTOPHER CORBITT: well, after we saw the original events through 9:47 or just before 10:00 a.m., the next events that we have, those phone calls that were in the last red bracket between 10:02 and 10:25, her handset is now communicating with a cell site that is closer to Mr. Rivera's residence.
MS. DUGAN: So 9:47 was kind of that last dot we had seen earlier of her travel south, and then this is the next one, from 10:02 to 10:25?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: Okay. And so she's -- at that point, she's consistent with Rivera's residence?
CHRISTOPHER CORBITT: The area around. There's different sectors in use here. Some are not consistent with his residence, some are. But, again, just the general area.
MS. DUGAN: Okay. And what can you tell us about Luis Rivera's location after this call flurry?
CHRISTOPHER CORBITT: At this point, again, it's about the 10:20 a.m. time frame that his handset begins traveling back. So he is, just prior to 10:30 or around 10:30, getting back to the area of his residence.
MS. DUGAN: Back to his residence from going east that morning over to Stephanie Carmona's home and coming right back?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: All right. So that morning we see Katherine Magbanua coming south from the direction of Charlie Adelson's residence trying to get in contact with Garcia. Her calling others. Her calling the Ortiz number, that number trying to get in contact with Garcia. Then Luis Rivera trying to get in contact with Garcia. Him calling Katherine Magbanua. And then Katherine Magbanua and Luis Rivera exchanging some phone calls.
Finally, the last phone call, you said that was at 10:23?
CHRISTOPHER CORBITT: To Mr. Garcia.
MS. DUGAN: To Mr. Garcia. Okay. And at that point, where is Rivera's -- where is Rivera's location? Does he come back? Can you show us where he comes back consistent with his residence?
CHRISTOPHER CORBITT: I can. This, again, we were initially looking at the continued call activity. As I stated, his handset does return to the area of his residence. As we continue to look at the calling between the involved parties that morning, we again see the calls that you just mentioned, the 10:23 to Mr. Rivera. And then there is a final outgoing call from Ms. Magbanua to Mr. Rivera at 10:31 a.m.
MS. DUGAN: Okay. And do you have her location data for that event?
CHRISTOPHER CORBITT: Yes. For that event, again, when we look at the actual sector that is being utilized, we would say that that cell site and sector could be consistent with servicing Mr. Rivera's residence.
MS. DUGAN: Okay.
CHRISTOPHER CORBITT: And then we do see Mr. Rivera's, the cell sites that his handset is communicating with. And, again, also consistent with the area around his residence.
MS. DUGAN: Once he is back -- or his handset is back from Stephanie Carmona's home, is the first event, once he's back over to that area, at 10:35 -- or 10:34, 10:35 I'm seeing?
CHRISTOPHER CORBITT: I don't recall if that's the first event. I would need to look at all those to say for sure which is the first. But in this just-after-10:30 time frame, all of that cell site usage iS consistent with the area of his residence.
MS. DUGAN: So by 10:30 when he is back, he and Katherine Magbanua have a short call at 10:31. And then do they have anymore communication that morning after that point?
CHRISTOPHER CORBITT: They do not.
MS. DUGAN: And that's once they're both -- once Rivera is both back consistent with his residence and Katherine Magbanua is already in that area?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: Do we have any events that could show Katherine Magbanua's location from after the Rivera call from 10:32 to is 11:23?
CHRISTOPHER CORBITT: we do not. we see here the next event is at 11:23. And that's the next event that we have that would give us location information.
MS. DUGAN: So she has no events for about 50 minutes there that morning after her last phone call with Luis Rivera and him getting back consistent with his residence?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Could this evidence be consistent with Rivera and Magbanua trying to reach Garcia, finding him, and the three of them meeting up at Rivera's residence?
CHRISTOPHER CORBITT: It could be, yes.
MS. DUGAN: And you're not going off just the locations for that but just the pattern of calling, how they are all trying to get in contact with Garcia, talking to each other and then it abruptly stops once they're consistent with Rivera's residence?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: All right. So can you tell us about Katherine Magbanua's location during that next event, the 11:23 event?
CHRISTOPHER CORBITT: Next we see, for the 11:23 event, cell site and sector is one location south from where she was previously. Still not that far from Mr. Rivera's residence, but it has moved a cell site south.
MS. DUGAN: Okay. So when she was up closer to Rivera's residence, she's communicating with a cell site closer. And now she's a little south, she's communicating with a different cell site?
CHRISTOPHER CORBITT: That's the cell site her handset is using for this event.
MS. DUGAN: Okay. Whose home would be consistent with that location, with her 11:23?
CHRISTOPHER CORBITT: Again, Ms. Yindra Mascaro's residence could be consistent with this cell site and sector.
MS. DUGAN: And that's at 11:23 a.m., the morning after Dan Markel's murder?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: All right. In all of your review from all the records and data in this case, did any of the Adelson hand-sets, Charlie Adelson, wendi Adelson, Donna Adelson, Harvey Adelson, ever communicate with Sigfredo Garcia's handset, besides the one voicemail from Garcia to Harvey Adelson on July 1st of 2014 --
MS. DUGAN: -- that we found in the tower dump?
MS. DUGAN: Did any of the Adelsons, all the Adelsons I just named, did any of them ever communicate with Luis Rivera's handset?
MS. DUGAN: All right. I want to move on to the wiretap. were you involved with securing a wiretap of some of the suspects in this case in 2016?
CHRISTOPHER CORBITT: Yes, I was.
MS. DUGAN: what is a wiretap?
CHRISTOPHER CORBITT: Excuse me just one second. A wiretap is a -- kind of a general term for law enforcement or an order, a judge's order, authorizing law enforcement to intercept live communication. whether that be voice communication, text message communication, e-mail communication, oral communication, whatever it may be. But that is a generic term for our ability to lawfully intercept communications as they're occurring.
MS. DUGAN: what has to be in place to have the authority to conduct a wiretap?
CHRISTOPHER CORBITT: well, first of all, there is a legal order that is completed and reviewed and signed by a judge, which is what gives us the authority to do it. And then there is a very technical aspect of it where we're in communication with the cell-phone provider. They provision equipment on their side, we provision equipment on our side. And then they're able to route copies of those communications to us, again, in real time while they are happening.
MS. DUGAN: what type of equipment is needed to conduct a wiretap?
CHRISTOPHER CORBITT: wiretaps -- or modern wiretaps are almost all digital or done over the internet now, so we have computer workstations, computer servers. Again, and we establish a connection to the carrier, and the carrier is able to send us that information in real time. Our software is able to process it.
we receive real time information, just like a call-detail record. we know the number that is being dialed. we know the cell-site location the handset is using for that particular event. And all that populates in our computer or our interface in real time. And then, again, it is able to display either the text message or play the audio for us, allow us to record that, if we're able to. Or not record it if we're not.
MS. DUGAN: what type of -- do the people who are monitoring it have to go through a certain type of training in order to be able to do that?
CHRISTOPHER CORBITT: Yes. There's a few aspects of this. One, they must be minimized. A term that means, really, they must be read into the case. They must understand -- they must read the affidavit that was signed authorizing us to do the intercept so that they know about the investigation. They know the specific details we're looking for, the specific evidence that we're authorized to listen for. So they must be trained in what they're allowed to listen to.
And then they understand that what is not permissible -- we can't listen to all communication. We can't listen to every phone call. We can only listen to those things that we're specifically authorized to, those specific evidentiary conversations.
So they're trained what they can and cannot listen to. And then they're trained how to do that, how to minimize or stop recording a phone call. So while we're listening to a phone call, if we determine that that is not evidentiary or something that we're not entitled to record, we're able to press a button and it stops that. we don't hear it. we can't record it. We can't recover it.
we're able to come back and check it later. But, again, that training, for them, involves not only the legal side of what they're able to listen to but the technical side of how to do it.
MS. DUGAN: Okay. So you're listening, but, at the same time, if it's not relevant, you have to minimize. And you said that you can come back later and check in to see if maybe they are talking about something relevant again?
CHRISTOPHER CORBITT: That's correct. we'll be spot-checking. And, again, that information develops throughout the course of an intercept. Maybe someone that is spoken to every day and it has never, ever, ever been anything to do with our case, we would check that one less often.
If it's someone that every once in a while says something that's relevant to our case, then we may spot check that one a little bit more frequently to see if that conversation has come back around. And if it's someone that's directly involved, then we would spot-check a lot more frequently to see if they're speaking about something relative to the case.
MS. DUGAN: And minimization isn't a choice by law enforcement. we're required to minimize irrelevant portions, by court order, in order to protect privacy as much as possible while still conducting the investigation, right?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. If a call is minimized, how can listeners of the call tell if an officer is doing that?
CHRISTOPHER CORBITT: There will be a very loud audio tone when the recording stops. And then there will be no conversation in between. There will be another audio tone and all of a sudden conversation will resume further into the conversation. And it becomes very obvious that you've missed a chunk of data or a chunk of the conversation.
In addition, we have timing. In the intercept system, it tells us the time that a call was minimized, when it was checked again. So we know how long that call was not listened to and what time it was that we came back and checked it.
MS. DUGAN: which phones were tapped in this case?
CHRISTOPHER CORBITT: Mr. Adelson's phone and Ms. Magbanua's phone.
MS. DUGAN: And Adelson -- and I know all these numbers are in the call-detail records and have already been read on the record. But Charlie Adelson's phone number, that's the one ending in 9223. Magbanua's phone ending in 1312?
CHRISTOPHER CORBITT: That's correct. And there was a later additional phone for Ms. Magbanua.
MS. DUGAN: Okay. And was the later additional phone from Katherine Magbanua, was that (786) 574-0338?
CHRISTOPHER CORBITT: Yes, I believe it was.
MS. DUGAN: what time period was that phone of hers monitored?
CHRISTOPHER CORBITT: I do not recall the exact time period. It would have been very much towards the end of the intercept period.
MS. DUGAN: Okay. would it have began the day before Sigfredo Garcia's arrest?
CHRISTOPHER CORBITT: we know when that handset was obtained. I cannot tell you exactly when the intercept started.
MS. DUGAN: Okay. was the handset obtained the day before his arrest?
CHRISTOPHER CORBITT: I believe that it was, yes.
MS. DUGAN: Okay. And her other number, 1312, was still on the network during that period, as her new phone number was as well, right?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: who supervised the wiretap calls?
CHRISTOPHER CORBITT: well, I was the technical supervisor, the person who, again, oversaw, kind of, the technical aspects of it. we had TPD supervisors, violent crime supervisors, who were also responsible for scheduling of persons and overseeing our synopsizing as the calls are -- as we're listening to the calls, we're doing a synopsis so that the investigators can come back and know what the call is about without having to listen to it all; so they're overseeing that.
In addition, the State Attorney's Office is overseeing, so we're providing reports to them to make sure -- if we have questions, if there's something we're not sure we should listen to or not, they're providing guidance.
And then, ultimately, the judge is overseeing it. we provide periodic reports to the judge about the types of communications we're intercepting. So that the judge is able to say, Okay, so you are getting evidence that this is going as the affidavit says and, therefore, he continues to authorize that intercept.
MS. DUGAN: Okay. And when these calls are recorded, are those recordings stored and maintained in, like, a secured area in TPD?
CHRISTOPHER CORBITT: They are. we do our intercepts in concert with the Florida Department of Law Enforcement. They're the ones that have a server that is directly attached to the carrier. we have a server that's directly attached to them.
The original audio recordings during the course of the intercept are maintained by FDLE. And immediately upon the conclusion of those, we recover those from FDLE, they're sealed by the judge and then they're kept in a secure location.
MS. DUGAN: Okay. Thank you.
MS. DUGAN: This might be a good time for a ten-minute break, Judge.
JUDGE WHEELER: Okay. All right. we're going take a break. And we'll see how much we're going to have for the rest of the afternoon after I speak with the attorneys. Okay. So let's take a five- or ten-minute break and then we'll see where we stand at this point. Okay. NO conversations, please, amongst yourselves.
(Jury exits.)
JUDGE WHEELER: All right. Please be seated.
Jury's out of the courtroom. The door is closed. So, Ms. Dugan, how much more do you anticipate for your direct?
MS. DUGAN: I'm actually done. But I wanted to try to proffer a little information to see if we can just go back and establish that Katherine Magbanua tried to call Luis Rivera's old number. And those -- just two slides and I'm done. Otherwise, I would need to try to do that maybe at a later time and recall.
JUDGE WHEELER: All right. So you're going to proffer testimony through who?
MS. DUGAN: I'd like to ask Sergeant Corbitt how he knows that's an old number of Luis Rivera's. I also -- you know, her iCloud -- the contacts are from her iCloud, which Sergeant Corbitt has seen and had access to in the course of his investigation. And the number that she tried to call during the June and July trips was the number for Luis Rivera in her iCloud contacts.
So, honestly, whether it ever was his number or not, that's who she thought she was calling because that's who she had in her contact information for Luis Rivera. And he's familiar with that as part of the investigation as, you know, having been through her iCloud.
JUDGE WHEELER: Well, then how does -- how -- if it's not his number, how does Luis Rivera's name get attached to it in the first place? Just through contacts?
MS. DUGAN: So Luis Rivera's number on the money drop day, on July 19th, is his number that we have the call-detail records for. The number that -- the number that she was calling -- Katherine Magbanua was calling in June and July, she called it twice. Once during the June trip and once during the July trip. was an old number of his that starts in 934 -- I'm sorry. I think it's 934 --
CHRISTOPHER CORBITT: 934 is the exchange.
MS. DUGAN: Okay.
JUDGE WHEELER: 6331, is that what it was?
MS. DUGAN: Maybe. But that is the -- that's the number in her contact list of her iCloud for Luis Rivera.
And we also have --
JUDGE WHEELER: All right. why don't you ask some questions to this witness in order to establish that. And then --
MS. DUGAN: Okay.
JUDGE WHEELER: -- I'll hear argument after that.
PROFFERED EXAMINATION
BY MS. DUGAN:
MS. DUGAN: Sergeant Corbitt, how have you been able to establish that Katherine Magbanua thought she was calling a number for Luis Rivera?
CHRISTOPHER CORBITT: I have reviewed her Apple iCloud return. And that return did include a number of contacts where she has associated names or nicknames with telephone numbers in her handset.
MS. DUGAN: And the number that we saw that she called during the June and July trips, what is that number listed as in her contact list?
CHRISTOPHER CORBITT: That number is listed in her contacts as Tato.
MS. DUGAN: And is that your understanding that's Luis Rivera's nickname?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. Have you ever seen any other sources that indicate that the (305) 934-6615 number was, at one point, a number for Luis Rivera. It didn't work anymore. Now he had the 570 number, but Katherine Magbanua didn't know that?
CHRISTOPHER CORBITT: I have seen, very briefly, another Apple return that lists that phone number with -- for Mr. Rivera.
MR. DECOSTE: Your Honor, this is where we need a Richardson hearing.
MS. DUGAN: Those are all the questions that I have.
JUDGE WHEELER: All right. Okay. So do you want to ask questions in regards to the number first? You want a Richardson hearing in regards to what information that has not been provided to you?
MR. DECOSTE: If I ask the questions, I think it will be clear to Your Honor what I need --
JUDGE WHEELER: AITl right. why don't you go ahead.
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, how are you doing?
CHRISTOPHER CORBITT: Good.
MR. DECOSTE: It's always a pleasure seeing you.
All right. So what does Tato mean?
CHRISTOPHER CORBITT: I do not know, specifically, what Tato means. It is certainly a name as far as the gang affiliation. But it is a superlative that is added to a number of other names.
MR. DECOSTE: You got a nickname in this case as well, too. Tuto, right?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: You're not Latin, are you?
CHRISTOPHER CORBITT: I am not.
MR. DECOSTE: So you don't know the commonality of the nickname Tato?
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: You don't know whether Ms. Magbanua knows one Tato, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Six Tatos?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: Three Tutos?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: And a partridge in a pear tree, right. You don't know that?
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: So you cannot conclusively say that her saving that number in was indicating that it was Luis Rivera?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: In fact, you've had this situation with other phone numbers in this case, right? Anthony Ortiz's phone number, (305) 896-3720, you said that Ms. Magbanua had saved as Anthony Ortiz, right?
CHRISTOPHER CORBITT: No. She has it saved as Jessica Rod -- or Jessica, just.
MR. DECOSTE: Jessica Rodriguez?
CHRISTOPHER CORBITT: Jessica -- I believe the -- it's Jessica, parenthesis, Flaca.
MR. DECOSTE: Okay. So I want to make sure that this is clear for the Court. In your slide you had a number ending in 3720 and next to it, you had Anthony ortiz.
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: So you're telling me that Ms. Magbanua had it saved under somebody else's name, Jessica Flaca Rodriguez?
CHRISTOPHER CORBITT: Not Rodriguez. Just Jessica (Flaca).
MR. DECOSTE: And you understand that to be Jessica Rodriguez?
CHRISTOPHER CORBITT: By the same token, I assume she knows a number of Jessicas.
MR. DECOSTE: All right. So -- now, you were talking about Apple documents that you've seen. I'm going to show you what I've had for a while here. You know what a 302 is, right?
CHRISTOPHER CORBITT: I've heard of it, yes.
MR. DECOSTE: And have you seen this 302 before?
CHRISTOPHER CORBITT: I do not believe I have.
MR. DECOSTE: Okay. Now, in this 302 it says that Investigator Isom provided Agent Sanford the return, which I have, from Apple. And it has a bunch of information in here with respect to what Apple responded with. You see that, right?
CHRISTOPHER CORBITT: I do.
MR. DECOSTE: And that number right there, the 935-6615, that's different than the phone number that you're talking about, right?
CHRISTOPHER CORBITT: It is different.
MR. DECOSTE: It's off by one digit. That five is a four in your records?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And the records that we're talking about, have you seen these now? It's an Excel spread sheet so it doesn't print too well. But Apple confidential, that it's a response to the subpoena. That we have a business record certification for. Have you seen this document before?
CHRISTOPHER CORBITT: For all of about 30 seconds. I have not been able to go through it or review it.
MR. DECOSTE: Do you want to take a look at it?
CHRISTOPHER CORBITT: Love to.
MR. DECOSTE: Your Honor, if I could approach?
JUDGE WHEELER: Yes.
BY MR. DECOSTE:
MR. DECOSTE: Take a look at it and then I'll ask you some questions.
Sergeant, if it's okay with the Court, I can ask you some questions while you have the document in front of you.
CHRISTOPHER CORBITT: Please.
MR. DECOSTE: If that's okay with the Court.
JUDGE WHEELER: Uh-huh.
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, those are the records that TPD -- the records that TPD received back from Apple. You trust me with that, right?
CHRISTOPHER CORBITT: I have to. I don't know it differently.
MR. DECOSTE: They gave it to me. If it's any different, I'm sure they'll bring it forward.
You, as the sergeant in the Technical Operations Unit, you don't know whether the information in that document that came from Apple, whether that's user-entered information or system generated information? Do you understand my question?
CHRISTOPHER CORBITT: I do. And that's one of the things I was looking at. And I have an opinion about that.
MR. DECOSTE: Go ahead. Yeah.
CHRISTOPHER CORBITT: And, obviously, in looking at the information that's put in, there's an Apple log-in, there's an e-mail, there is a phone number, there's an address. The address, 11750 ne, which is in lower case, 16 ave, in lower case, is not a grammatically correct -- or I would assume to be a computer-generated syntax for an address.
MR. DECOSTE: So you would agree with me that systems many times can cause things to be lower case, correct? It could be case sensitive?
CHRISTOPHER CORBITT: It can be, yes.
MR. DECOSTE: Now, the information itself, it doesn't -- you're giving the address and you're giving 11750, lower case ne -- obviously, you're looking at something different, but 16th avenue, it's not changing around the characters, it's just making them lower case, correct?
CHRISTOPHER CORBITT: Correct.
MR. DECOSTE: It's not changing an A to a B or a five to a four?
CHRISTOPHER CORBITT: It's not. In some places NE is just NE. In others it's N, period, E, period. And, again, in lower case, which it would appear to be more user-inputted, but I do not know that for certain.
MR. DECOSTE: You would agree with me that it would be speculative -- that you're speculating?
CHRISTOPHER CORBITT: I am, yes.
MR. DECOSTE: All right. It's not an expert opinion to say whether it is an error because it was human-entered, or that it's a matter of different systems dredging information from different places and it getting a little bit confused?
CHRISTOPHER CORBITT: All I can say is, the information that I have in front of me right here, I cannot determine one way or the other.
MR. DECOSTE: I want to make an example of what I'm talking about dredging. You know what NCICs are, right?
CHRISTOPHER CORBITT: I do.
MR. DECOSTE: That each jurisdiction throughout the country, and each county, has their own -- they have their own program for organizing priors, right?
MR. DECOSTE: And then there's a national system that will pull that information and then put it into one form. But because they're -- each county has a different software system, sometimes it looks like a little bit different. You agree with me on that?
CHRISTOPHER CORBITT: well, in theory, an NCIC/FCIC terminal, the entries should be standardized. But I'm certain that the amount of detail and narrative portions would be different from different jurisdictions.
MR. DECOSTE: Let me give you an example. Chicago, you get a felony for grand theft, it could be spelled out grand theft. You pick one up in Sacramento, California, it could be grand TFT, right?
CHRISTOPHER CORBITT: Sure.
MR. DECOSTE: Okay. That could be going on here?
CHRISTOPHER CORBITT: It could be.
MR. DECOSTE: All right. But you just don't know?
CHRISTOPHER CORBITT: I do not.
MR. DECOSTE: But the document that we have in front of us is for a different phone number associated with Luis Rivera's name?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: That's all I have, Your Honor.
Now, apparently, there's a new document that we've never received. That they have, that they haven't provided in discovery that associates Luis Rivera with the 934 number. And that's what we need the Richardson hearing on.
JUDGE WHEELER: well, he's testifying that that comes from his investigation in the iCloud and through documents that have been provided to you. You have all the icloud documents from your own client that the State received, correct?
MR. DECOSTE: we have iCloud data from a phone that was collected in 2016. For a phone number that's saved under somebody else's name.
They have now presented information that it's somehow associated with Luis Rivera. Correct me if I'm wrong -- if the Court's okay --
JUDGE WHEELER: No. I don't need to hear anymore.
The information that you received from this 934 number, as opposed to a 935 number, that was the subject of the warrant -- the search warrant to Apple or the subpoena to Apple for those records, the 934 is attached to Rivera because of the association to that number through information in the iCloud, and, also, the cellebrite information from Ms. Magbanua. Is that what you're telling the Court?
MS. DUGAN: The 934 number, the reason it's in the slide-show at all is because that is the number that Katherine Magbanua has as Tato in her iCloud contact list, which Sergeant Corbitt reviewed. And that's how we saw that she's trying to contact Luis Rivera during the June and July trips.
JUDGE WHEELER: All right. Did you ever solicit records from Apple in regards to this 934 number?
MS. DUGAN: TI don't know the answer to that. But the iCloud was amended in discovery in July of 2019.
JUDGE WHEELER: well, was it just the 935 number -- that is what I see here, the 935 number, these were the records that were received from Apple; is that correct, Ms. Cappleman?
MS. CAPPLEMAN: I don't know where the defense exhibit came from, Judge. I know where the State's information came from, which is a CD containing contents of Katherine Magbanua's iCloud from Cellebrite, which was provided on July 16th, 2019, at 3:07 p.m.
JUDGE WHEELER: All right. So you have provided that to the defense?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE WHEELER: And you have reviewed that and that's where you're reaching your conclusion in regards to that is potentially a number associated with Luis Rivera?
CHRISTOPHER CORBITT: It is from Ms. Magbanua's iCloud return that the contact for Tato has the 934 number, yes, sir.
MR. DECOSTE: Your Honor, if I could be heard on this?
JUDGE WHEELER: No. I've heard enough.
MR. DECOSTE: I still need the Richardson. The document is right there. They haven't given it to us. That's what they're using. It's right there.
JUDGE WHEELER: His information is coming from the record he's reviewed that he has provided for you. I don't know what that is referred to. I don't even know if that's work product or what you're referring to.
But the information -- where he's getting his information -- where the witness is getting information is what is important to the Court. And if he's getting it from information that has been provided to you already, then there's no discovery violation and there's no reason to do a Richardson hearing in the first place.
So it's going to be admissible. I'm going to bring the jury back in. I'm going to allow the questioning on that one particular item, which will last approximately what, Ms. Dugan?
MS. DUGAN: Two minutes.
JUDGE WHEELER: All right. And then we're going to conclude for the day. we'll bring him back -- I'm sorry, but we're going to have to bring you back for another day -- on Monday. And then we'll start with the cross-examination. Because I take it your cross-examination is going to be longer than five minutes.
MR. DECOSTE: Yes. And I can tell Your Honor that, if allowed the weekend, it will be a lot more streamlined because it will be organized.
JUDGE WHEELER: All right. I appreciate that. So we'll break then at that point. And then we'll just get a few matters cleaned up after the jury's out. And then we'll all be breaking for the weekend at that time. Okay?
MR. DECOSTE: Yes, Your Honor.
JUDGE WHEELER: ATI right.
MR. DECOSTE: May, at some point, I have -- and I'm not trying to argue with the Court's ruling -- but access to the record concerning the document that the government showed me this morning that is the response to a subpoena from Apple for the other phone number that we've never gotten?
JUDGE WHEELER: All right. If there is that record, okay, and I don't know if it was showed to you or provided for you, that's not before the Court. TI don't even know -- you're telling me of its existence, but I don't know if it's relevant or if they're providing it to you now. 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.
MR. DECOSTE: Ms. Dugan came over and showed it to me, and I think thought that I would just go along with it. And I go, This has never been provided to us. I was visibly upset about it. So I think that the government now is trying to get the information in through another means. And, of course, I'll cross on that.
But I would ora tenus move for a motion to compel for the Apple return that they have that they presented to me this morning. It was presented like, Hey, we're going to use this, to see if I was okay with it, for the other phone number. So I know they have it. we just want a copy of it to find out what, if any, investigation we have to do. we'd like it before the weekend.
MS. CAPPLEMAN: Is it this piece of paper you want?
MS. DUGAN: Then can I say something, Judge?
JUDGE WHEELER: All right. what is this document, Ms. Dugan?
MS. DUGAN: Our exhibit, all along, has been with the 934 number as Luis Rivera, is based on the iCloud. Today, over lunch, I was asking about the subpoena return for the 935. And I was showing, Hey, there's also one for a 934. That's all there is. But I don't know if Sergeant Corbitt --
JUDGE WHEELER: what is this? Just tell me what it is.
MS. DUGAN: Something from Apple showing that he also had a 934 number. That's the same as the one that's in Katherine Magbanua's iCloud and has the same e-mail that's associated with the 935.
JUDGE WHEELER: And when did you receive -- when did you become aware of this?
MS. DUGAN: The State has had it since 2016. I saw it at lunch today. It was provided in 2016.
JUDGE WHEELER: All right. And has it ever been provided to the defense.
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE WHEELER: When was it provided to the defense?
MS. CAPPLEMAN: In 2016. 1I'11 get you the exact date here shortly.
JUDGE WHEELER: All right. So I'm going to need to know that. If it's been provided to you, because I know this has been a point of contention before in regards to this number. If it's been provided to you, then there's no need for a Richardson hearing if the State can show me that.
If it has not been provided to you, then I will make the appropriate determination at that time. I don't think -- this document is not going to prevent the testimony from coming in.
MR. DECOSTE: Yes, sir.
JUDGE WHEELER: Because the testimony is also derived from other information, not just from whatever this is and whether or not that search was done. And it's not being used as an exhibit and you're not putting this into evidence; is that correct, Ms. Dugan?
MS. DUGAN: No, sir.
JUDGE WHEELER: All right. So if I need to have a hearing on that, I will. And if the State can provide me that it was given to the defense, that would solve all the problems.
You can make your record.
MR. DECOSTE: What I can tell Your Honor is, at best, what they're going to be able to show is the pleading when we received that spreadsheet. I am one hundred percent positive that has never been given.
Had it been given in the prior trial in 2019, they would have brought that up when I cross-examined using that spreadsheet with Agent Sanford.
JUDGE WHEELER: All right. we're going to see. we're going to see.
MR. DECOSTE: Sorry, Your Honor.
JUDGE WHEELER: Okay. Let's bring the jury back out, please.
(Jury enters.)
JUDGE WHEELER: All right. Please be seated. Okay. we're going to have about two more minutes of testimony before I release you for the weekend. Okay?
(Laughter in the courtroom.)
JUDGE WHEELER: All right. I promise you that and Ms. Dugan has promised me that. All right. So we may proceed with the direct.
BY MS. DUGAN:
MS. DUGAN: Okay. Sergeant Corbitt, I want to turn your attention to slide 61-ish of the June trip to Tallahassee.
MS. DUGAN: 61 is what I have. Okay. All right. So on the slide we saw just before, that was all of Katherine Magbanua's communication with Sigfredo Garcia during Garcia and Rivera's June trip to Tallahassee. what does this slide-show?
CHRISTOPHER CORBITT: So this slide adds in one additional phone call. And it is an outgoing voice call to the highlighted number there, which is (305) 934-6615.
MS. DUGAN: was that number saved in Katherine Magbanua's phone as a contact per the phone and icloud that you reviewed from her?
CHRISTOPHER CORBITT: The icloud account for Ms. Magbanua, yes, had this number saved as a contact.
MS. DUGAN: And what was the contact name for this 934 number in her phone?
CHRISTOPHER CORBITT: It was Tato.
MS. DUGAN: Tato, T-A-T-0?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Garcia's nickname is Tuto and Rivera's nickname is Tato is your understanding?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Had Katherine Magbanua called this number for Luis Rivera at any point in the records that we have in this case before this date?
MS. DUGAN: All right. And that's the only time she tried that number, during that June trip to Tallahassee?
CHRISTOPHER CORBITT: Correct.
MS. DUGAN: Did that call connect?
CHRISTOPHER CORBITT: It did not.
MS. DUGAN: Okay. So it's about a 14-second outgoing call. And the parties, Luis Rivera and her, never would have communicated then?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. was that Luis Rivera's working number at that time?
CHRISTOPHER CORBITT: It was not.
MS. DUGAN: Okay. we saw that he actually called her and she called him and there was communication at a later date in the summer, on July 19th, the day that Rivera says the money was exchanged, right?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: That is a different number? That's the 570 number he says was his number at that time?
CHRISTOPHER CORBITT: That is a different number for Mr. Rivera.
MS. DUGAN: Okay. This was a number, though, that she had in her contact list as Tato in 2014 -- or that she called in 2014?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. Now, did she call that number another time that summer?
CHRISTOPHER CORBITT: Yes, during the July trip.
MS. DUGAN: Okay. Can we see that slide?
Okay. So this is the one where we're looking at -- we saw that she has a number of contact with Sigfredo Garcia during the July trip to Tallahassee. This is from the time they left until the time that they return home. How many contacts does she attempt to have with Luis Rivera during that trip?
CHRISTOPHER CORBITT: There would be two with that same number we just mentioned.
MS. DUGAN: Okay. So she called the number listed as Tato in her phone twice during the Tallahassee trip?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. And did the call connect either time?
CHRISTOPHER CORBITT: Again, no, I don't believe they did.
MS. DUGAN: Okay. And she -- it looks like on that particular day, on July 17th, she spoke to -- so she and Sigfredo had a -- looks like the communication lasted about 3 minutes and 16 seconds between their hand-sets at 8:04 p.m. And about three-and-half hours later, she makes this attempted call to the number she has as Tato. She then makes another call, outgoing call, that's only 27 seconds in duration to Garcia. And then she attempts to call the Tato number again?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. And then about 14 minutes after that she receives a text from Garcia?
MS. DUGAN: Okay. This is the July trip to Tallahassee we're talking about?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay. That's the day before the murder -- or, actually, the night before the murder. And then her next contact with Luis Rivera after this, the only actual contact she had with him, was on July 19th at his current phone number at that time, the 570 number?
CHRISTOPHER CORBITT: That's correct.
MS. DUGAN: Okay.
MS. DUGAN: That's all I have.
JUDGE WHEELER: Okay. We are now going to break. And I thank you-all for your patience. I thank you for your attention. And, again, for your timeliness during the week. And we are doing our best to remain on schedule here in the courtroom and we appreciate you all doing your part also.
Okay. So I'm going to give you your warnings for the weekend because you're going to be gone for a couple of days. No discussions with your family. No discussions with your friends, or your neighbors, or your long-lost uncle who's going to try to give you a call or whoever.
Don't watch the news, whether it's local or national. Please don't try to do any research on the internet about the news. I don't want to prohibit you from going on the internet, but just don't go to places where you might receive any type of news about this case.
Okay. Get some rest, some relaxation. Get out in the sun, which we haven't seen for a few days. And get some exercise. And we'll see everybody at 8:30 on Monday morning. Okay. All right. Thank you.
(Jury exits.)
JUDGE WHEELER: All right. Please be seated.
Sergeant, you may step down. we're going to go over a few housekeeping things here so you're free to go.
CHRISTOPHER CORBITT: If you could give me just a minute to breakdown.
JUDGE WHEELER: Sure. Yeah. No, you can stay right here and do that. That's fine.
All right. Just so that -- I want to make sure that we're clear on what has been admitted into evidence. Because there was a little bit of a mix up compared to what I had numbered and what the descriptions were of some of the pictures.
And with pictures 44, 45, 46 and 47. Okay. Because I have listed on my list here that 47 was an overall pic with the hole in the Prius. But 47, actually, was the pic of Garcia and Rivera on motorcycles.
Madam Clerk, can you confirm that for me?
COURT CLERK: Yes, sir. And I have actually gone through the older exhibit list with the one that was given to us on Tuesday or wednesday.
JUDGE WHEELER: Okay.
COURT CLERK: And I have confirmed, based off of the old list, and I've got everything straightened out down there.
JUDGE WHEELER: All right.
COURT CLERK: So everything is in order.
JUDGE WHEELER: Okay.
COURT CLERK: It's just the numbering is off on the newest list.
JUDGE WHEELER: All right. Just so -- the way that I have it is, 44 is described correctly, 45 is a picture of Garcia and Rivera, 46 is Garcia/Rivera pic with the Monte Carlo and 47 is Garcia and Rivera on the motorcycle. Then it goes to 48, which is the hole in the Prius.
So the one described as the hole in the Prius overall pic, 47, does not exist in evidence.
COURT CLERK: That is correct.
JUDGE WHEELER: All right. Thank you. Also, do you have Exhibit 35 admitted into evidence?
COURT CLERK: I do not.
JUDGE WHEELER: Okay. And I think that's the only picture that I have that is not admitted into evidence at this time. And -- which is described as the wendi and KM on the beach. So I don't know if you're looking to admit that, but I just want to let you know because this is the exhibit list that I have. So that's the only clarification that I have in regards to the pictures.
I need -- do you have the disc for me?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: All right.
MS. CAPPLEMAN: I also have a list of the calls and the date ranges that Your Honor requested. And I provided those to the defense.
JUDGE WHEELER: All right. Thank you.
MS. CAPPLEMAN: If you want to give me until Monday morning, I can advise Your Honor what if any of those calls I intend to try to use.
JUDGE WHEELER: That's what I'm going to do. So we're not going to address this until Monday. So first thing I need to do is whether they're going to be used or not.
Some of them are in Spanish is my understanding?
MS. CAPPLEMAN: There's five -- well, I've been told there's five that are in Spanish. we've already made arrangements to try to get those interpreted and transcribed. So I should be prepared Monday to provide that as well.
JUDGE WHEELER: All right. Okay. So the first thing I'll need to know is whether or not they're going to use them. And then we'll go from there.
MS. CAPPLEMAN: Yes, Sir.
JUDGE WHEELER: Okay. Ms. Cappleman, in regards to witnesses on Monday, we're going to finish with the cross-examination of Sergeant Corbitt. And what do you anticipate on Monday?
MS. CAPPLEMAN: We have a few short witnesses. we have quite a few witnesses scheduled for Monday, Judge. Including Jessica Rodriguez, is probably the most substantial in the morning.
And then in the afternoon, we have the financial evidence and the folks associated with that.
JUDGE WHEELER: All right. So the banking records and that type of stuff?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: Okay. So --
MS. CAPPLEMAN: Those are out-of-town folks, so I don't know if you're willing to push a little hard to try to get back on track Monday. If not, maybe -- I don't know, are you still wanting to quit at 5:00 on Monday?
JUDGE WHEELER: well, if we have people from out of town and we can move through it then, I mean, we can go a little bit later.
MS. CAPPLEMAN: Okay.
JUDGE WHEELER: But I'd like not to go any later than 5:30.
MS. CAPPLEMAN: Okay.
JUDGE WHEELER: But if I explain to the jury that we've got somebody from out of town we want to get it done. And we'll see how it goes. But if we can get through these other witnesses as efficiently, particularly Sergeant Corbitt, as Mr. DeCoste says we can, when we return on Monday, then I think we can get back on schedule.
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: All right. So we'll expect that. So that gives you all an idea of what to anticipate for Monday in regards to witnesses. And you can prepare accordingly.
Okay. Anything else before we break for the weekend from the State?
MS. CAPPLEMAN: No, Your Honor.
JUDGE WHEELER: Anything from the defense?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: All right. Everyone have a nice weekend. Get some rest. Get outside a little bit. And we'll see everybody Monday morning at the same time, at 8:45 here in the courtroom.
MS. CAPPLEMAN: Thank you.
JUDGE WHEELER: All right. Thank you. we'll be in recess.
(Proceedings in the matter concluded for the day.)