Luis Rivera — Cross (Continued)/Redirect
765 linesJUDGE WHEELER: All right. Good morning to everyone. We're here this morning in the State of Florida versus Katherine Magbanua, 2016 CF 3036.
JUDGE WHEELER: 2018 CF 497. And Ms. Magbanua is present along with her counsel and counsel on behalf of the State.
JUDGE WHEELER: All right. So we'll continue this morning with the testimony of Mr. Rivera and Ms. Cappleman. Anything that we need to address before we continue with that?
JUDGE WHEELER: Anything from the defense?
MS. CAPPLEMAN: Nothing from the State, Your Honor.
MS. KAWASS: One thing, Judge. We were handed amended discovery this morning by the State, apparently of recordings of jail calls. Need to put on the record that this is extremely untimely. We've already picked a jury, we've already opened, and Mr. DeCoste and I have had no time to even attempt to try to go through whatever discovery this is that the State has assigned to us.
JUDGE WHEELER: All right. So, Ms. Cappleman, what was provided to the defense this morning?
MS. CAPPLEMAN: My understanding, Judge, is that these are jail calls that have occurred since jury selection, and I haven't had a chance to listen to them either. But I intend to do so over the weekend so I can advise the Court more on Monday if I intend to use anything from that.
JUDGE WHEELER: Okay. Do you know how many there are?
MS. CAPPLEMAN: No, sir. I'm sorry, I don't know, but I'll attempt to get that answer for you before our next break.
JUDGE WHEELER: Okay. So there's some jail calls that have been recorded. You don't really have an idea of when, although you think that they were during the time period since the trial has started. And do you know the number of them?
MS. CAPPLEMAN: No, sir, I'll get you both those answers.
MS. KAWASS: Your Honor, I had just a preview of some of the calls, and the ones from Ms. Magbanua predate jury selection. They are marked before jury selection.
JUDGE WHEELER: Okay, this is what I'm going to do, so that I know more about them, because I can't make any ruling without that. They're not going to be used today, correct? So use the weekend to go over them, and then I'll make a decision when I know more about them, and we'll have a hearing on them on Monday in order to determine, number one, whether they're going to be used at all, and number two, if the State's intending to do that, whether they will be used. Based on the Court's ruling, we'll have a Richardson hearing at that time. All right, well, you're gonna have to find somebody that speaks Spanish over the weekend if that's what you want, if you want them translated. So I can't help you there, Ms. Kawass. I mean, it's just something that you're gonna have to do, and these issues come up and sometimes they're difficult issues, but you're gonna have to do your best. If that is something that is prohibiting you from understanding them, then that's another factor that would play into a Richardson hearing. But I'm gonna leave however you're gonna deal with them up to you at this point.
JUDGE WHEELER: Mr. DeCoste, with respect to the cross-examination?
MR. DECOSTE: Just to let the Court know, so there's a chance of a few more of those clips for impeachment. I have given CD copies to the State. They're 30 seconds each. It is to a very direct point, so they have copies of it, so they've already been able to take a look at it. There's only three potential that would be used for the purpose of—
JUDGE WHEELER: Okay, so these are the clips like the clip that you played yesterday?
MR. DECOSTE: Correct. Now, that's only for impeachment.
JUDGE WHEELER: Okay, I know, but he's got to be able to see those first. I mean, the more that I think about that, he's got to be able to see and review that. If you're going to use it as impeachment evidence, just like if you're using a transcript, he has to see it. You have to see whether or not he's going to disagree with it or what before it can be used as impeachment. You just can't go ahead and just play it up there for the jury without knowing that.
MR. DECOSTE: Humbly, I disagree on that. So if it were the deposition that I impeach him with, I would, you know, go through the same thing: "You were sworn in to tell the truth, and this is what you were asked, and this is what you answered."
MR. DECOSTE: The only difference here is, instead of me reading it in front of the jury for him to hear it to either say it did or it didn't happen, he's watching. And him being illiterate — I mean, I'd love to be able to read it to him, but this is the only way. I do believe that it is proper to play. That's no different than reading his sworn statement.
JUDGE WHEELER: If you had a sworn statement, don't you show it to him first and say, "This is your deposition and here's what you said in your deposition"?
MR. DECOSTE: Not for impeachment, when he has answered differently. So in the situation that we used, he says "I learned halfway up" — at that point in time, I get to go straight into impeachment. Humbly speaking, I get to go straight into impeachment. Now, if he says "I don't know" or it is not a direct contradiction of his previous testimony, yeah, I've got to present it to him, refresh his recollection, give him a chance to explain. But for the purpose of impeachment, I get to go right into that.
JUDGE WHEELER: All right, if it's true impeachment. If he says "I don't know," then we're not dealing with that.
MR. DECOSTE: And what we're going to do — and this is a plan for today: the headphones that Your Honor talked about, those are in the back. Those aren't getting used.
MR. DECOSTE: I have headphones that directly tie into my computer. Now, if he needs to get refreshed, I'm going to play for him just the audio. He can hear it. I've checked it. It's not loud, but the juror won't hear. It plugs directly into my computer, and there's no issue with that. So we'll be able to do that, and that's one of the things we're going to do.
MR. DECOSTE: Now, in the event we need to use a transcript—
JUDGE WHEELER: Okay, so that is going to take the place of him reading the transcript.
JUDGE WHEELER: No, so well, that would take the place of him reading the transcript, right? I mean, that would be in lieu of him — if he could read, then instead he would have a transcript and he would be reading it. But you're going to play it for him so that he can hear what was said on the transcript, correct?
MR. DECOSTE: Correct. And for the ones where we do have a transcript — because we have trial, grand jury, two depositions, and the — not the grand jury, I'm getting a Cajun line reference — give it to the government, then Ms. Kawass, if it's okay with the Court, I'm going to give it to her, and she'll come up. And I know the marshals don't want us in the back in between, so she'll, if it's okay, she'll just stand right here or right there and quietly read it to him to refresh his recollection if he doesn't remember, if that's okay with the Court.
JUDGE WHEELER: Well, as long as we can be assured that the jury is not going to hear that, and it's just to muffle the sound. No, I'm not going to make them go through all that. If you can have somebody come up here and read it to him quietly, then I'll do that. I thought, first of all, we were going to see whether or not he could read it himself.
MR. DECOSTE: Yes. And Ms. Kawass reminded me of that, that Your Honor wants me to go up, see if he can make it out, and then go to that as a secondary.
JUDGE WHEELER: All right, and I think that we can do that. I also — it doesn't need to be — my other concern was whether or not we needed it to be on the court transcript, but it's just as if he is reading it, and so if it's stated to him, that takes the place of that, and so it doesn't necessarily need to be transcribed by the court reporter. All that it needs to be is that it's being presented to him, and so it doesn't need to be word-for-word with the court reporter. So we just want to do it as most efficiently as we can, so that if he cannot read it, give him that opportunity, but if he cannot, so that we're not delaying it — and he still gets the opportunity to read or review it in some manner.
JUDGE WHEELER: Okay?
MR. DECOSTE: Understood, Your Honor.
JUDGE WHEELER: All right. Before we go any further, then, I think I'm going to go ahead and — because we're talking about his testimony and in regards to the admissibility of the co-conspirator statements, and I already have the defense argument on the record in regards to that, and as to whether or not the conspiracy continues past the death of the victim — and so I found some case law where, in murder-for-hires, the conspiracy continues beyond that. It continues until the money is paid. And the case law specifically states that the conspiracy has more than one objective: it has both the objective of the murder of the victim and the objective of getting payment for that murder. So the conspiracy does not stop at the time of the murder, which it does in many cases, but if it's a murder-for-hire and there's money exchanging hands for that murder, the conspiracy does not end until the money is paid. And so therefore the statements, which do have an independent basis — and that independent basis was Mr.—
JUDGE WHEELER: Rivera's overhearing of Ms. Magbanua's voice as to whether or not the job was done, and also delivery of the money the next day, was an independent basis — independent evidence of the conspiracy. And so that's number one. And number two, the conspiracy was still in effect up until the money was delivered. So those statements that were made on the way back to Miami are admissible under that. And the case citations for that are Romani versus State, 528 Southern 2nd 15, Florida 3rd DCA 1988.
JUDGE WHEELER: And that decision was approved in part and quashed in part by the Florida Supreme Court, 542 Southern 2nd 984, but that was on other grounds. Also, the basis for that ruling is a Florida Supreme Court case called Eccles versus State, 484 Southern 2nd 568, Florida 1985, which involved a hired killing, and they found also in that case that the conspiracy continues until the money is paid. So I will make that ruling right now. I'm not going to hear any other argument on it, because we've already made the arguments clear on the record. But that's my ruling, and so those statements are going to be admissible, and they have been tied back up by the State.
MS. CAPPLEMAN: Thank you, Judge. I would like to make a little bit more of a record on that. If now is not a great time, we could revisit that, possibly.
JUDGE WHEELER: Let's do it now.
MS. CAPPLEMAN: Okay, Judge. I wanted to agree with Your Honor's analysis of the timeline and when a conspiracy is concluded for purposes of a murder for hire, but I also wanted to make a record of the argument that I don't think we necessarily get to that analysis in this case, because I went back through the testimony last night and the co-conspirator statements that were admitted yesterday by Mr. Rivera were all properly admitted as having occurred before the crime was committed — so before the murder. And those were that the defendant hired Sigfredo Garcia to kill Dan Markel, that the defendant told Garcia where to go and who to kill and when to do the killing, and that the defendant was the mastermind of the whole thing.
MS. CAPPLEMAN: Third, that the defendant told Garcia not to do anything stupid and to have Luis Rivera take down his Instagram post. Four, that the defendant provided money for expenses for both of the trips to Tallahassee. And fifth, that the murder was to benefit Wendi Adelson so that she could have her kids. And sixth, that the information was relayed from Katherine Magbanua to the killers that the victim was going to be leaving town the next day and that he needed to be killed on the day that he was.
MS. CAPPLEMAN: All of those statements were admitted as co-conspirator statements, but they all occurred before the actual murder. The only statement in question that occurred after the murder was that statement that Mr. Rivera heard directly from Katherine Magbanua's mouth over the open line on the telephone, whereby she said, "I know," and she was informed that the job was done. That statement, the State would argue, was admissible separately, not as a co-conspirator statement, but as an admission of a party opponent.
MS. CAPPLEMAN: So I don't think that falls into the co-conspirator requirement where it needs to happen before the conspiracy is concluded. So even in the event that we're wrong about our analysis of when the murder for hire concluded, I think the independent evidence of the conspiracy can occur post-conclusion of the conspiracy, as evidenced by the case U.S. v. Fields, 871 Federal 2nd 188. That's a 1989 case out of the First Circuit, which stands for the proposition in head note —
MS. CAPPLEMAN: It's covered on head note nine, I believe. Evidence of conspirator's post-conspiracy activity is admissible if probative of evidence of the conspiracy or participation of alleged conspirator, even though they might have occurred after the conspiracy ended.
MS. CAPPLEMAN: So those independent events that we have, as I mentioned previously, are that statement, "I know," indicating she knew the murder was done.
MS. CAPPLEMAN: The statement regarding that she would obtain the money and they would get the money the next day; the fact that she did go get the money, which we're going to hear through Sergeant Corbitt today, and deliver the money to Luis Rivera, as Rivera testified. And I think we're going to hear some additional evidence of that fact, Judge, as the trial goes along, in the form of the wiretap, which will further evidence the existence of the conspiracy, the fact that this defendant was a member of the conspiracy, and her specific role in the conspiracy. So all that will be evidence which I think inarguably is post-conspiracy but still can be considered for Your Honor's analysis of: is there independent evidence that she was a member of the conspiracy other than those co-conspirator statements that we're seeking to offer, which were made prior to the murder.
JUDGE WHEELER: All right. Well, certainly any statements that are made prior to the murder fall within the co-conspirator hearsay exception fully. And as to whether or not the conspiracy has ended, that's going to be — the Court's going to make a determination of those based on whatever particular statements are made and at what time. And then also if they're statements that are made by the defendant, they certainly for the most part would qualify as admissions of the party opponent and would be admissible under that.
JUDGE WHEELER: The phone calls — because I want to make sure that we address it — the phone calls between the three phone calls between Charlie Adelson and the mother Adelson — those aren't coming in? You're not asking for those to come in today?
MS. CAPPLEMAN: No, sir.
JUDGE WHEELER: Okay, I just want to make sure that we address your argument before that. So before that witness testifies — I don't know who that's going to be.
MS. CAPPLEMAN: That would be Agent Sanford, Judge.
JUDGE WHEELER: Okay, all right. We'll make sure that we address your argument — your Crawford argument — before that. Okay?
JUDGE WHEELER: All right. Anything else before we bring the jury in?
MS. CAPPLEMAN: Nothing from the State, Your Honor.
MR. DECOSTE: Nothing from the defense.
JUDGE WHEELER: All right. Let's operate this as efficiently as possible, please, and — not holding you to it specifically — but how much more time do you think you're going to need for the cross-examination, approximately?
MR. DECOSTE: The best estimate that I can give — I don't know how long I went yesterday, that was fifteen pages.
MR. DECOSTE: I have eight pages left.
JUDGE WHEELER: Okay. All right.
JUDGE WHEELER: Let's bring the jury in, please.
JUDGE WHEELER: Good morning.
JUROR: Good morning.
JUDGE WHEELER: Good morning. Good morning, everyone.
JUDGE WHEELER: All right, please be seated. And thank you again for everyone's timeliness and arriving on time and your attentiveness. We're ready to continue now with the cross-examination of Mr. Rivera, so we're going to bring Mr. Rivera into the courtroom at this time.
JUDGE WHEELER: Good morning, Mr. Rivera. Before you have a seat — uh, it's a new day, so we're going to swear you in again. Okay, sir, please raise your right hand. Do you solemnly swear or affirm that the testimony you shall give shall be the truth, the whole truth, and nothing but the truth? Thank you. Please have a seat.
JUDGE WHEELER: Mr. DeCoste, you may continue with your cross-examination.
MR. DECOSTE: Thank you. Mr. Rivera, last night when you left here, you went back to the jail, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: When you go back to the jail, it's you, yourself, and yourself, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And it's been that way since you were arrested in 2016 on this case, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So what that means is you're not going through the daily activities that a person on the outside goes through, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You don't have to remember to turn off the stove, pick up the kids, stuff like that?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You don't have to remember to file your taxes, to go to the doctors, go to the dentist, stuff like that, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: It's been a matter of being in your cell with your thoughts, with your agreement with this office, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Your sole job since 2016 has to be to remember your testimony in this case.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Let's talk about guns.
MR. DECOSTE: The June trip, there was two guns, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Both .38 caliber?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: .38 Smith & Wesson short nose?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And a blue steel long nose Taurus?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Garcia had the blue steel?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You had the short nose?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You agree you bought that short nose?
LUIS RIVERA: Yes, I did, sir.
MR. DECOSTE: You bought it to come up here?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you bought it from, quote, "a neighborhood, uh, neighborhood, from a black boy"?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: That's what you told law enforcement about where you acquired this gun?
LUIS RIVERA: Yes, I did.
MR. DECOSTE: And again, to make sure it's clear, you acquired this gun after a conversation with Garcia?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: While he was renting the car to come here?
LUIS RIVERA: Yes.
MR. DECOSTE: And you don't know the name or even really a description of the guy that you got the gun from?
LUIS RIVERA: No, sir.
MR. DECOSTE: Correct me if I'm wrong — the Latin Kings transfer and distribute guns?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: On direct examination, Miss Cappleman asked you how many guns were brought for the murder trip, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And your answer was two?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: I'm going to ask you again, how many guns were brought for the second trip, your second trip, the murder trip?
LUIS RIVERA: I can't remember.
MR. DECOSTE: Would it help your memory to listen to your statement from October 4th of 2016?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: If you could put on those headphones for me, please.
MR. DECOSTE: Oh, Mr. rivera, did listening to yourself refresh your recollection?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: I'll ask you again, how many guns were brought?
LUIS RIVERA: One.
MR. DECOSTE: All right, so now we have it. Not what you told the government when they asked you the question about two guns. Now it's one gun.
LUIS RIVERA: Yes, sir. I mean, we all make mistakes. As many years, memories, you forget stuff. Eight years, who's gonna remember?
MR. DECOSTE: And again, the only thing that you've had to remember over the past eight years is your testimony.
LUIS RIVERA: Yeah, I don't sit down to myself and think about this right here.
MR. DECOSTE: Let's talk about the bullets.
MR. DECOSTE: You bought those, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You bought those at a gun store?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: On Biscayne?
LUIS RIVERA: Yes, I did.
MR. DECOSTE: In between 112th and 117th?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: The guns that we spoke about, there's the blue steel long nose and the short nose, the one that you bought.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: All right, so the short nose that you bought, that gun was the one that was dumped?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And it was dumped, you say, near a bridge?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: By Garcia?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: On the ride home?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You claim that you wanted to help them find the murder weapon, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: But in actuality, you never wanted them to find it.
LUIS RIVERA: No, they — I don't know what bridge. So many bridges we pass through, I'm not gonna —
MR. DECOSTE: Correct me if I'm wrong, law enforcement knows the very precise route you took, so it's not a matter of checking all bridges in the state of Florida, correct?
LUIS RIVERA: I'm gonna remember the bridge, sir?
MR. DECOSTE: That's not my question. Law enforcement knows the precise route that you took home, right?
LUIS RIVERA: I guess so.
MR. DECOSTE: And they drove you on that precise route.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you never pointed out the alleged bridge that the gun was just —
LUIS RIVERA: Through so many bridges, sir, I'm not going to remember.
LUIS RIVERA: Just like I told them, I don't remember the bridge.
MR. DECOSTE: I'm showing you what's been your —
MR. DECOSTE: Best attempt at —
MR. DECOSTE: Helping them find the murder weapon in this case, right? You drew this.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now let's talk about the amount of times that you went out looking with them.
MR. DECOSTE: You haven't been out with them since 2016, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And in fact, you only went out a couple of times, a couple of days, a couple of hours to look for this gun, right?
LUIS RIVERA: I don't remember a couple of times, but I don't remember.
MR. DECOSTE: Was it less than that?
LUIS RIVERA: Maybe one time.
MR. DECOSTE: One time you get into a van, they drive around, look at a couple of bridges, and then give up.
LUIS RIVERA: I mean, I can't remember that.
MR. DECOSTE: You did what you said you were going to do, which is to put it away and bury that shit somewhere.
MR. DECOSTE: No one is gonna find it but me — you said that, right?
LUIS RIVERA: Yes, I did.
MR. DECOSTE: And that's what you did with this gun.
LUIS RIVERA: No, sir.
MR. DECOSTE: The gun was never found, right?
LUIS RIVERA: I never ditched it nowhere. I never threw it away. It wasn't my job.
MR. DECOSTE: You bought the gun.
LUIS RIVERA: I bought the gun.
MR. DECOSTE: You handled the gun.
MR. DECOSTE: Well, you remember how you told us that time that the guy walked in the hotel room and you picked up both guns and you pointed it at them.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: All right, so you touched that gun.
LUIS RIVERA: Yes, I did.
MR. DECOSTE: And you gave vague information where it was acquired from, and you gave very —
MR. DECOSTE: — little information as to where it was disposed of. You did that to protect yourself on both ends, didn't you?
LUIS RIVERA: Not at all, sir.
MR. DECOSTE: Now, you are aware that if law enforcement were to get that gun, you could be federally prosecuted. You know that?
LUIS RIVERA: No, sir.
MR. DECOSTE: Do you not know that? Do you not remember me being prosecuted for if they find a gun? Do you not remember knowing that if they had that gun they could tie it to interstate commerce? Do you not remember knowing that?
LUIS RIVERA: I don't know.
MR. DECOSTE: Your Honor, if I could have one brief moment.
JUDGE WHEELER: Okay.
MR. DECOSTE: Second deposition, page 279. Let's —
MR. DECOSTE: — see what Mr. Rivera understands first. You're going to refresh his recollection?
MR. DECOSTE: Let's see what Mr. Rivera understands first. She's going to do that as well.
JUDGE WHEELER: Okay. You may, to save the trips back and forth.
MR. DECOSTE: All right.
JUDGE WHEELER: Mr. Rivera, this young lady is just going to give you some assistance with reviewing this transcript. If you feel comfortable reviewing it yourself and understanding it, then you can review it and understand it and you just let me know. But if for some reason you don't, she's going to help you or read it to you quietly.
JUDGE WHEELER: Excuse me — okay, all right, that's what she'll do.
MR. DECOSTE: Thank you. Mr. Rivera, has your memory been refreshed?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And we were talking about why you hide the origin and the disposal of the gun, and I had asked you about you being federally prosecuted. You were aware and you know that if they have that gun they could tie it to interstate commerce and federally prosecute you on this case.
LUIS RIVERA: Yes. And it says that — I'm not sure, but yes.
MR. DECOSTE: Yes, that you are aware of that.
LUIS RIVERA: Not sure if they could, but yes.
MR. DECOSTE: You're aware that it's, that it's a possibility?
LUIS RIVERA: Yes. Not sure if they could, but yes, I'm aware of it.
MR. DECOSTE: And that's something that would be a concern, because you can't fight the feds.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, that gun would be evidence against you, right? That you're the shooter.
LUIS RIVERA: Yes, sir. I'm not the shooter.
MR. DECOSTE: You know, it's interesting that you say that, that —
MR. DECOSTE: Garcia got out, went inside, and shot Professor Markel, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: But you knew that Professor Markel's window was up, right?
LUIS RIVERA: Yes, I can see it.
MR. DECOSTE: You also knew that he was on the phone when he got shot, right?
LUIS RIVERA: I pulled up right behind him. I could see him.
MR. DECOSTE: And you also knew — you happened to have the detail that he raised his arm when he was shot in the face.
LUIS RIVERA: I can see that too.
MR. DECOSTE: Those are odd details for Sigfredo Garcia to shoot him, to jump back in the car and say drive — hey, and by the way, he was on his phone, the window was up, and he raised his arm.
LUIS RIVERA: I can see everything, sir. I'm pulled up right behind him.
MR. DECOSTE: Let's stay in the driveway.
MR. DECOSTE: When I was asking you questions about your testimony about claiming to see Wendi Adelson walk down that driveway and into the house the day before the murder, and I'm going to give this to you for context so you know where I'm going. You remember how I had asked you questions about your exchange with Garcia, how he said she's here to make sure it's getting done, how then he made a phone call to Katherine Magbanua and he made that before noon on Thursday.
MR. DECOSTE: Now I asked you that question, you didn't remember. Do you remember now? Was that phone call before noon on Thursday?
LUIS RIVERA: I don't remember the time.
MR. DECOSTE: Would it help your memory if you were to listen to yourself from your recording on 10-4?
LUIS RIVERA: Maybe.
MR. DECOSTE: Did that help your memory?
LUIS RIVERA: Yeah.
MR. DECOSTE: And when was it that you said that this phone call happened?
LUIS RIVERA: I said maybe by noon.
MR. DECOSTE: All right. You said before 12 noon on Thursday, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Those are your words?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So just to make sure that we have the context correct — so it's from yesterday — you have this alleged sighting, this alleged conversation with Garcia, and before you get back to the hotel before 12 noon, he's on the phone with Katie finding out what's going on.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You made all that up, didn't you?
LUIS RIVERA: No, sir.
MR. DECOSTE: Now, you were banking on the fact that Garcia, having children with Katie, is always on the phone over there, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: In evidence we have Katherine Magbanua's cell phone records. And would you be surprised to learn that there is no phone call between Sigfredo Garcia and Katherine Magbanua before 12 noon that day?
LUIS RIVERA: Would I be surprised? I'll tell you, they had throwaway phones.
MR. DECOSTE: So your testimony now is that Katherine Magbanua had a throwaway phone?
LUIS RIVERA: I don't know.
MR. DECOSTE: If I could have one brief moment.
MR. DECOSTE: Mr. Mr. Rivera, on October 4th, 2016 —
LUIS RIVERA: I don't remember.
MR. DECOSTE: On November 29th, 2016, you appeared before a grand jury in this case, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: On March 22nd, 2019, you appeared for a deposition in this case, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: January 31st, 2018, the year before, a different deposition in this case, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You've sat in that chair before, back in 2019, on October 1st and October 2nd, correct?
LUIS RIVERA: Yes, I did, sir.
MR. DECOSTE: And you have never made that claim before, that there was a disposable phone?
LUIS RIVERA: I believe I have.
MR. DECOSTE: Isn't this you just evolving your story to keep up for the mistakes?
LUIS RIVERA: No, sir.
MR. DECOSTE: Let's talk about cars.
MR. DECOSTE: Let's focus now on the June trip.
MR. DECOSTE: Aren't your words the first time we came up, "I never drove the car at all"?
LUIS RIVERA: I never drove the first car.
MR. DECOSTE: Showing you what's been entered in as State Exhibit 65.
MR. DECOSTE: First trip was in June, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You got a citation for driving that car, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And in fact, you were alone in that car because you were alone on the first trip.
LUIS RIVERA: No, sir, not at all.
MR. DECOSTE: So you got a citation, but you weren't driving the car? That's what it is, for you?
LUIS RIVERA: So, see, Friday we were driving, but you get to take it... It was with me. I think we had changed. I think we had stopped somewhere. I remember, I think we had stopped, and we just — just for that moment, I drove a little bit.
MR. DECOSTE: Isn't this your testimony evolving again? You made a mistake.
LUIS RIVERA: It's the same as I gave since day one, man. You're not gonna — see, him try to confuse me back and forth.
MR. DECOSTE: Mr. Rivera, didn't you just say two minutes ago to this jury you never drove the first trip?
LUIS RIVERA: I can't really remember, but now you say... Yeah, I mean, when I got the ticket, if that was the first car.
MR. DECOSTE: I guess you remember everything she asked you, but not what I present you with, right?
LUIS RIVERA: I tell the same thing. I tell you, if I don't remember, I don't remember. If I say yes, yes; say no, it's no.
MR. DECOSTE: You know, you make no mistakes about the alleged claims against Miss Magbanua, but when presented with evidence showing that you're wrong on details, then, "oh, I don't remember"?
LUIS RIVERA: I'm not wrong, not at all, sir. Everything I say is nothing but the truth.
MR. DECOSTE: Let's keep, keep going.
MR. DECOSTE: You have the June trip, you have the murder trip.
MR. DECOSTE: Mr. Rivera, how many trips were made for the purpose of this killing?
MR. DECOSTE: Actually, let's wait on that for a second. We'll come back in a minute.
MR. DECOSTE: On direct examination, you testified that the purpose of the June trip — this one where you got the citation being a passenger — that the purpose of the first trip was to scout it out. That was your testimony yesterday, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Mr. rivera, you appeared before a grand jury back in 2016, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And it was for the purpose of — this is after you get your deal — the purpose of indicting Ms. Magbanua, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: I wasn't there, right? We're in the courtroom. No defense attorneys were there, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: There's a court reporter taking down your words, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you swore to tell the truth and nothing but the truth?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Ms. Cappleman asked you the question: "Okay, and what was the purpose of the first trip to Tallahassee?" Answer: "The purpose of the first trip was to do the murder." Question: "The first trip?" Answer: "To do the murder." Answer: "Yeah, but I didn't want to do that. We were supposed to scope out the place, and if it would have got done, it would have got done that day, but it never happened." Your testimony years back was the purpose of the June trip — when you were alone — was to do the murder. That was your testimony, right? To do the murder?
LUIS RIVERA: Yes.
MR. DECOSTE: But when she asked you yesterday, it's a different answer.
LUIS RIVERA: It's been years, man. Can't remember when.
MR. DECOSTE: You're in your cell —
LUIS RIVERA: I don't think about this. Tell that one more time? I don't sit in my cell and think about this, so don't ask me that question again, repeating yourself over and over.
MR. DECOSTE: Mr. Rivera, let's talk about trips. There was the June trip and then the murder trip, right? Those are two of the trips. But I'm going to ask you an open-ended question: how many trips were there to Tallahassee for the purpose of killing Professor Markel?
LUIS RIVERA: Two trips. I believe it was two trips. That I say — two trips, yes, sir.
MR. DECOSTE: Second second deposition: page 103, lines 16 to 24.
MS. CAPPLEMAN: Judge, I'm going to object on this one — improper impeachment.
JUDGE WHEELER: Do you need to be more specific on the record?
MS. CAPPLEMAN: I think so.
JUDGE WHEELER: All right, let's go sidebar.
MR. DECOSTE: Two trips, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You remember a few years back, Ms. Kawass and I coming out to Arizona to take your deposition in USP Tucson, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You sat in a room — Ms. Kawass, Ms. Cappleman, myself, you, and a court reporter, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You were sworn in before that deposition. You swore to tell the truth, nothing but the truth, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You have a cooperation agreement where you have to give truthful testimony, complete testimony, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And the court reporter took down all of your words?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Do you remember me asking you, "Like Sigfredo, you were coked up and drinking the whole trip, you, the whole trip, and back out every day?" Me: "This is the first trip in June." The witness: "The first trip in June, the second trip, the third trip — every time we went up there we was always coked up and drinking." Me: "There was a third trip?" You: "We're gonna get to that. There was only two trips." You slipped up, didn't you?
LUIS RIVERA: No, sir.
MR. DECOSTE: See, your discovery — the reports that you got from their office — only talked about two trips, right? So that's why your testimony was there was only two trips. But when you were asked questions on a different topic, you couldn't keep your story straight, and you said "we" — not "they" — "we, the first trip in June, the second trip, the third trip, every time we went up there we was always coked up and drinking." Those are your words, right?
LUIS RIVERA: Yes.
MR. DECOSTE: I wasn't tricking you, right? We asked you a straightforward question about drugs and alcohol, and you said "third trip." Two trips, which is inconsistent with the information that you had received in your discovery before you cooperated.
MR. DECOSTE: Now Mr. Rivera, in all your other prior times — October 4th, January 31st, November of 2019, I'm sorry, November of 2016, October 1st and 2nd, 2019 — no mention ever of a third trip. You would agree with me if you were to change your testimony, to slip up —
LUIS RIVERA: No, sir.
MR. DECOSTE: — and it were to be found that there were a third trip, that you would be in violation of your cooperation agreement with that office?
LUIS RIVERA: No, sir.
MR. DECOSTE: You don't agree with me that if they were to find out there were a third trip, that you would be in violation of the agreement, where you must give the truth and the complete truth?
LUIS RIVERA: I only came out twice.
MR. DECOSTE: That's not my question.
MR. DECOSTE: You would agree with me that if you left out a vital fact, a vital trip, that you would be in violation of your agreement.
MR. DECOSTE: Can we agree on that?
LUIS RIVERA: Yeah.
MR. DECOSTE: You've previously sat in that same seat and tried to repair that mistake, haven't you?
LUIS RIVERA: No, sir.
MR. DECOSTE: You haven't sat up there before and said, you know what —
MR. DECOSTE: It was Sigfredo Garcia and King Anthony that made a trip. You've never said that before.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now you're trying to remember.
LUIS RIVERA: My — my memory's coming back. Yeah. Okay, that third trip you're talking about, that he came up with somebody else, not me.
MR. DECOSTE: So there is a third trip.
LUIS RIVERA: I remember now that you say. Yeah, I remember saying that. But you're saying that I came up here three times. I only came out twice. That third trip was somebody else. You need to say the whole story; you're just saying half of the thing. I said three — I only came up three times. I wasn't there. I don't know the truth. But if it's in that paper, read it all, right?
MR. DECOSTE: Okay. "We" — you understand what "we" means, right? Not "they." "We."
LUIS RIVERA: Yeah.
MR. DECOSTE: Okay, but you then tried to correct that, because again you'd be in violation of that agreement.
LUIS RIVERA: Was — no, no. Sigfredo Garcia and King Anthony.
MR. DECOSTE: But that's what we're focusing on right now — that you've previously said that there was a third trip, Sigfredo Garcia and King Anthony, right, sir? And you know that because apparently Sigfredo Garcia told you that there was this third trip.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You see the stack of paperwork in front of me, right?
LUIS RIVERA: I see all that.
MR. DECOSTE: You've given sworn testimony 10 times before.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: The closest that you've gotten to ever mentioning that third trip was the "we" statement. And then in October of 2019, in your recorded interview — October of 2016 — you never mentioned a third trip, right?
LUIS RIVERA: I think I did, your —
LUIS RIVERA: — Honor.
MR. DECOSTE: Mr.
MR. DECOSTE: Rivera, your October 4, 2016 statement is roughly three hours, correct?
MR. DECOSTE: — one brief moment.
MR. DECOSTE: So, it should be in your statement, right? You should be — it definitely wasn't in your discovery, right?
LUIS RIVERA: I don't know. I can't reason — I never read that discovery.
MR. DECOSTE: Yeah, but you had two attorneys and they reviewed it with you. I mean, it's been a long time, sir. So in the years — let's sidetrack for a moment — in the years you've had tons of meetings since your cooperation. Tons of meetings with their office, correct?
LUIS RIVERA: Yes.
MR. DECOSTE: You've sat down for hours on end with investigator Jason Newland — their investigator, not Tallahassee Police Department — with Jason Newland reviewing your testimony.
LUIS RIVERA: I don't remember you reviewing no testimony, but — I don't remember that.
MR. DECOSTE: So all the times that there are orders to transport you from jail to their office wasn't for the purpose of reviewing your testimony?
LUIS RIVERA: I mean, yeah, we reviewed. But you talking about my discovery and testimony and all that?
MR. DECOSTE: No, what I'm talking about is specifically your testimony, and specifically whether you ever told Jason Newland about a third trip.
LUIS RIVERA: I don't remember.
MR. DECOSTE: Okay, so you don't remember whether you told Jason Newland, Agent Patrick Sanford, or investigator Craig Isom about a third trip. So you told them about this third trip?
MR. DECOSTE: Okay, so you told — all right, you told Agent Sanford, Investigator Isom about this third trip between Sigfredo Garcia and one of your Latin King brothers.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: All right. You would agree with me that if you didn't — if you never mentioned that, that you would be in violation of your cooperation agreement?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Let's talk about your communication with the outside world when you're in federal custody. Okay, when you were in Coleman, if you could explain to the jury what Coleman is.
LUIS RIVERA: Coming as a federal — as a common one, it's an acting yard. It's a real violent yard.
MR. DECOSTE: So back in 2016, before your charge in this case, you're in Coleman, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you agree with me that you're able to get access to both legitimate and illegitimate phones while in Coleman, right?
LUIS RIVERA: Yeah.
MR. DECOSTE: That you were able to have a three-way call with Sigfredo Garcia through one of your brothers.
LUIS RIVERA: I never called him on the phone.
MR. DECOSTE: I'm sorry?
LUIS RIVERA: I never spoke to him on the phone or did a three-way. It was like a — like a text.
MR. DECOSTE: Now that — and some of that happened through a guy named Leanback, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, Leanback is a King.
LUIS RIVERA: Yes.
MR. DECOSTE: And you would send emails through the system that you have in federal custody to Leanback, and then he would send out texts on your behalf.
MR. DECOSTE: Now, in May of 2016, starting in May of 2016, you're able to communicate via this — this messaging system with Sigfredo Garcia, correct?
LUIS RIVERA: Yes.
MR. DECOSTE: Now, during that time you're also communicating with Jessica Rodriguez, the mother of your children, correct?
LUIS RIVERA: Of course.
MR. DECOSTE: And you're doing that through email?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And her email, correct me if I'm wrong, is siannanegron1020@gmail.com.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: That's s-i-a-n-n-a-n-e-g-r-o-n-1-0-2-0 at gmail.com, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You know, on May 10, 2016, right around the time of the wiretaps, you email her asking for Garcia's cell phone number.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Do you agree or do you deny that then, in May 2016, Sigfredo Garcia is receiving text messages from somebody saying "This is Tato"?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And that's you, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And that's you sending those messages?
LUIS RIVERA: Yes.
MR. DECOSTE: Let's stay on the topic of Garcia — where Garcia lived. He was living on 186th and Biscayne, correct?
LUIS RIVERA: Yes.
MR. DECOSTE: There's a period of time that he was living with King Anthony, right?
LUIS RIVERA: Probably. I think so, around the time of 2014, yeah.
MR. DECOSTE: Now let's stay on the topic of Sigfredo Garcia. We talk about Katherine — he loved her, right?
LUIS RIVERA: Still loves her.
MR. DECOSTE: He's crazy about her?
LUIS RIVERA: Yes.
MR. DECOSTE: Would do anything for her?
LUIS RIVERA: Of course.
MR. DECOSTE: You have known Sigfredo Garcia your entire life, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You refer to him as brother.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now, this isn't just something that you guys hang out on the weekends. You very much are together in the same community hanging out.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You know everything about each other.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You know his reputation in the community.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You know that his reaction — if somebody were sleeping with Katie, he'd confront them, right?
LUIS RIVERA: Of course.
MR. DECOSTE: Try to run him over?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: You agree with me that it is in Sigfredo's character that he would find somebody that's sleeping with Katie, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And hurt them.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Meaning, meet them face to face.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Let's talk now about the dentist and Katherine.
MR. DECOSTE: You agree with me that Garcia knew about the relationship.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: He knew about the relationship with the dentist.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: He told you that he knew about it.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And he also told you he was her boss. The dentist was her boss.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And he knew the guy's name?
LUIS RIVERA: Yes.
MR. DECOSTE: You'd agree with me that Sigfredo Garcia was angry, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And he was jealous?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now because of this, because the love of his life was with somebody else — let's back up for a second. Sigfredo Garcia does well with women, correct?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Very much for ladies?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: He's got real, real light green eyes, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Almost like lime green?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Girls flock to him, charismatic guy, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Very, very well spoken, very tough guy, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: But for the first time, he had some competition.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Because the guy that he was in competition with had the one thing that he doesn't have, which is finances.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Although Sigfredo, being the guy that was very good with women, he was never really financially secure, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: So because of this, Sigfredo, for the first time, in actual jeopardy of losing Katherine, he was going through a lot, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: He was desperate?
LUIS RIVERA: Yes.
MR. DECOSTE: He was drinking every day, he was doing coke like every day, right?
LUIS RIVERA: Every day.
MR. DECOSTE: And he was doing it more than usual?
LUIS RIVERA: Yes, sir. It wasn't usual for him to do it every day, but he was off, he was not himself.
MR. DECOSTE: He was fighting a lot every day, and this is around the time of 2014 when they're broken up. So between the end of 2013, half of 2014, he's losing it, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: He's violent and erratic?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And he actually went so far as to stalking the dentist, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And you remember a specific time wearing that truck, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: That black Dodge truck, that you guys went to a restaurant, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And what you saw was Katherine Magbanua sitting outside with the guy that she was dating, and he was flipping out.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: He was furious, right?
LUIS RIVERA: Yes.
MR. DECOSTE: He actually wanted to take that truck and run over the dinner party that they were with, right?
LUIS RIVERA: Yes.
MR. DECOSTE: He was so angry you had to stop him.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Now let's make sure that we have the context. Before the murder, they're broken up, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: And then right after the murder, they're back together, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Mr. Rivera, Garcia played you, didn't he?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Yes?
LUIS RIVERA: Yes. He confronted Charlie.
MR. DECOSTE: What do you mean confronted Charlie? Like you said, was in his nature — that this guy would confront the guy that was in between him and the woman that he loved.
LUIS RIVERA: Yeah.
MR. DECOSTE: That was his nature to do that, right?
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Like you said, was in his nature.
LUIS RIVERA: Yes, sir.
MR. DECOSTE: Like he told you he would do.
LUIS RIVERA: Yes.
MR. DECOSTE: And that confrontation turned into a negotiation between him and Charlie Adelson, right? You think they spoke?
MR. DECOSTE: You've told us that this guy would absolutely confront that other guy, right?
LUIS RIVERA: Of course.
MR. DECOSTE: And it would be very awkward. What I'm saying is that Sigfredo Garcia came to you with a job, but he never told you who it was for. He couldn't tell you, "Hey, that guy that I just wanted to run over, we're going to do a job for him," because you, as a Latin King boss, would say that doesn't make any sense. The government told you Katie was involved, right?
LUIS RIVERA: No, sir. No, sir.
MR. DECOSTE: You went along with it.
LUIS RIVERA: No, sir.
MR. DECOSTE: Because you can't fight the feds.
LUIS RIVERA: No, sir.
MR. DECOSTE: So you took it and ran.
LUIS RIVERA: No, sir. She's been involved the whole time. It's the only one he speaks to.
MR. DECOSTE: I'm sorry?
LUIS RIVERA: It's the only girl he speaks to is Katie. Whatever she tells him to do, he jumps and does it.
LUIS RIVERA: That's his weakness. Her right there.
MR. DECOSTE: Nothing further, Your Honor. Thank you.
JUDGE WHEELER: All right, redirect.
MS. CAPPLEMAN: Yes, Your Honor.
MS. CAPPLEMAN: Mr. Rivera, you were asked if you agreed to the government's facts. Do you remember being asked that?
LUIS RIVERA: What's facts?
MS. CAPPLEMAN: Did you agree to the government's facts?
MS. CAPPLEMAN: I think the question is, did you read, or have read to you, the reports in this case and then just regurgitate whatever was in the reports? Is that, is that what you did?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: All right. When you cut a deal, what was your understanding of what you had to do to get the benefit of the deal?
LUIS RIVERA: Cooperate.
MS. CAPPLEMAN: And does cooperate mean regurgitate every single thing that's in the police reports?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. Well, what's in the police reports includes Charlie Adelson being involved in this case. You don't know anything about that, do you?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: So you're not able to regurgitate that fact, are you?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Would you agree that it would be helpful to the state — you know we're prosecuting Charlie Adelson, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: It would be helpful if you could say Charlie Adelson did it.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: But you can't do that, can you?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Because you don't know that fact, do you?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: The only person that knows that fact is Katherine Magbanua, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Because that's who he was dating.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And you did correct us on some things we had wrong, didn't you? And for example, the money drop — you got the money the next morning, not the night of, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And that wasn't in the police reports, was it?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: We didn't know about that until you told us, did we?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: We didn't know y'all shot a hole in the Prius, did we, until you told us?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: That wasn't in the police reports, was it?
LUIS RIVERA: No, ma'am.
JUDGE WHEELER: Let's be careful of the leading questions, please.
MS. CAPPLEMAN: The facts that you agreed to — did we basically get it right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And the facts that you agreed to, are those the facts that you personally have knowledge of?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Where does Shrimp live?
LUIS RIVERA: Miami Beach. I don't know the address, but she stay in Miami Beach.
MS. CAPPLEMAN: Do you remember the map that Mr. DeCoste showed you with the little island? Does she live on that island?
LUIS RIVERA: Yes, out there.
MS. CAPPLEMAN: Okay. And that's where you sent somebody to pick up Garcia to come get the money at Jessica's house the morning after the murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And before you sent somebody to go get Garcia from Shrimp's house, did you have your phone in your possession?
LUIS RIVERA: I have two phones and —
LUIS RIVERA: And Anthony has my other phone.
MS. CAPPLEMAN: All right. And one of the phones that you had in your possession that morning on the money drop, did you use that phone to talk to Katherine Magbanua?
LUIS RIVERA: She called me.
MS. CAPPLEMAN: And what did she tell you?
LUIS RIVERA: She said, "Who's going to come get this money?"
MS. CAPPLEMAN: She had the money, and y'all need to come get it, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And that's why you sent somebody out to find Garcia.
MR. DECOSTE: Objection, Your Honor. Leading.
LUIS RIVERA: Yes, ma'am.
JUDGE WHEELER: Ms. Cappleman, let's be careful of the leading questions, please. Those are leading questions.
MS. CAPPLEMAN: You were asked if Garcia was stupid and made mistakes in this case. Do you recall being asked that?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did he mess up by talking on the phone, using his phone, making calls?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. You were stupid, too, weren't you? I mean, you made some mistakes, didn't you?
LUIS RIVERA: Both of us were stupid.
MS. CAPPLEMAN: You're wearing blue partially because you got caught in this case, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And you brought a phone to do a murder, yes?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you rent a car in your own name to come to a murder?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Posted something on Instagram from Tallahassee while you were here?
MR. DECOSTE: Objection, Your Honor. Leading. That's not a leading question.
MS. CAPPLEMAN: Did you post something?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay, so all those are mistakes that ended up helping to get you caught.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right, and you were shown this exhibit, State's demonstrative.
MR. DECOSTE: Objection, I didn't show the witness that exhibit.
MR. DECOSTE: Objection, outside of the scope of cross.
JUDGE WHEELER: Overruled.
MS. CAPPLEMAN: Years ago, right? All right. And you authenticated those two phone numbers back at that time, when your memory was better, as being your phone numbers?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay, so you don't remember those numbers as you sit here today?
LUIS RIVERA: I mean, it's been a long time, but...
MS. CAPPLEMAN: That's okay. I just want to clarify what the situation is with the phone numbers. You did remember them at one time?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay, and you have seen that exhibit before and authenticated those phone numbers as your phone numbers.
LUIS RIVERA: Yes, I have, ma'am.
MS. CAPPLEMAN: How long was the deposition at Coleman prison?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: Who was asking you questions?
LUIS RIVERA: The two detectives.
MS. CAPPLEMAN: No, I'm talking about the prison, when we did the deposition.
LUIS RIVERA: Oh yeah, I can't remember.
LUIS RIVERA: I don't know their names like that, but the two lawyers.
MS. CAPPLEMAN: The two lawyers were asking you questions?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And that went on for a whole day, right?
MR. DECOSTE: Objection, again — leading.
JUDGE WHEELER: Overruled.
MS. CAPPLEMAN: How long did it go on?
LUIS RIVERA: It was a long time.
MS. CAPPLEMAN: Okay. All right. And you were asked many, many questions. Among them, were you asked about the trips, and how much you were drinking on the trips, how much cocaine you were using on the trips — were those sorts of questions asked of you?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And have you always maintained, in that deposition and all the other statements, that you were in fact using cocaine and alcohol?
MR. DECOSTE: Objection.
MR. DECOSTE: Improper bolstering — "always maintain."
JUDGE WHEELER: Overruled.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: That's not in dispute, is it?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Okay. And when you were asked about this third trip — you know, I asked you about, in the police reports there were some things that you didn't agree with — do you recall being asked questions about a woman seeing two men behind Dan Markel's home some time before the murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And what is your testimony regarding whether that was you behind Dan Markel's home sometime before the murder, seen by this lady?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: You didn't do it? You weren't there? So if that was Garcia, he had to be with somebody else?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. Right. And you don't have any knowledge of when that trip occurred?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: If that trip even occurred?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: You weren't here?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: But if a tall guy and a short guy were behind that home, that wasn't you?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: And have you always maintained that?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. So you've never told anybody that you came here on a third trip?
LUIS RIVERA: No.
MS. CAPPLEMAN: Have you ever told anybody that you came to Tallahassee on a third trip?
LUIS RIVERA: Only came on two trips.
MS. CAPPLEMAN: All right. And in the deposition taken of you on March 22nd, 2019, you say — and I'm on the bottom of page 109, starting on line 23 — question: "Why would he have gone with Anthony?" Answer: "Because he was one of us, we used to hang out together. And there was some short person that went back there supposedly in the back of the house, and I ain't never walked back there, and he's short like me." Is King Anthony short?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Like you?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And that's why you thought maybe this is the person that's actually —
MR. DECOSTE: Leading. Improper impeachment. We've got leading questions and reading a transcript.
JUDGE WHEELER: All right, Miss Cappleman, this is redirect — you're asking leading questions. I understand you're moving things along.
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: But you need to clear up your questions and not ask them in a leading form. Okay? Or else I'm going to start interrupting you from this point forward.
MS. CAPPLEMAN: Yes, sir. And so how did you learn that someone was seen behind the house — some short guy? All right. And did you, or did you not, or something else, disagree that you were the one that was back there? Wasn't you. All right. Do you enjoy having to testify against your friends?
LUIS RIVERA: No.
MS. CAPPLEMAN: Would it have been easier for you if your testimony could have been against someone else — a stranger?
LUIS RIVERA: Not at all. Nobody.
MS. CAPPLEMAN: You think it would have been hard no matter what you had to do?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: But was it particularly hard that you have to testify against your best friend and his wife?
LUIS RIVERA: That's hard.
LUIS RIVERA: It hurts.
MS. CAPPLEMAN: Were you loyal to these folks before this all went down?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: When did the defendant and Sigfredo Garcia get back together after the murder? When was the first time they got back together?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: Do you remember giving testimony previously that that occurred at the Manny Pacquiao fight?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And the Manny Pacquiao fight was in May of 2015, wasn't it?
MR. DECOSTE: Improper refreshment — that's just being said in open court to the witness.
JUDGE WHEELER: Overruled.
MS. CAPPLEMAN: When was the Manny Pacquiao fight?
LUIS RIVERA: I don't remember what day it was. I know it was on a Saturday, and that's the day they got together, because I tried to put them — me and Jessica tried to put them together. I went and bought some shirts from her that day.
MS. CAPPLEMAN: All right. And so it wasn't until approximately 10 months after the murder that they got together — not — or was it right after the murder, as you were asked on cross-examination?
MR. DECOSTE: Objection, Your Honor — improper refreshment. If we can go side by—
JUDGE WHEELER: No, overruled.
LUIS RIVERA: Can't remember.
MS. CAPPLEMAN: Okay, can you remember that it was definitely the fight, or could it have been sooner?
LUIS RIVERA: Probably the fight.
MS. CAPPLEMAN: Your recollection it occurred at the fight?
LUIS RIVERA: Probably the fight.
MS. CAPPLEMAN: Okay, but you just don't remember when the fight was?
LUIS RIVERA: Yeah, I don't remember when the fight was.
MS. CAPPLEMAN: Okay, all right, let's talk about this supposed confrontation that occurred at a restaurant.
MS. CAPPLEMAN: ...on, you know which one I'm talking about, where you were with Sigfredo Garcia watching Katie with the dentist at the restaurant, on the truck?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And during that whole episode, did Sigfredo Garcia ever get out of the car?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: So he might have gone up and confronted the dentist and you just don't remember?
LUIS RIVERA: No, he never got off the car in front of him at all.
MS. CAPPLEMAN: All right, that's my question. Did they actually — did the two meet?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did they fight?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did they have a verbal argument?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did Sigfredo Garcia confront him that night about, "Hey, you're sleeping with my woman"?
LUIS RIVERA: No.
MS. CAPPLEMAN: All right. And is that something he would have told you at that —
MR. DECOSTE: Objection, speculation. Move to strike. That is speculation.
JUDGE WHEELER: That's sustained.
MS. CAPPLEMAN: What type — what type of relationship did you have with Sigfredo Garcia back then?
LUIS RIVERA: We had a great relationship. It was like my brother.
MS. CAPPLEMAN: All right. Did he confide in you?
MS. CAPPLEMAN: Everything he did? Did he tell you everything?
MR. DECOSTE: Objection. Speculation.
JUDGE WHEELER: It's overruled.
MS. CAPPLEMAN: Did he tell you everything?
LUIS RIVERA: Basically everything. Yes, ma'am.
MS. CAPPLEMAN: You were together every day, weren't you?
LUIS RIVERA: Every day.
MS. CAPPLEMAN: All right. And you were there when this incident occurred at the restaurant?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And it didn't happen as far as him confronting the dentist?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: No face-to-face?
LUIS RIVERA: No.
MS. CAPPLEMAN: No physical?
MR. DECOSTE: Objection, asked and answered multiple times.
JUDGE WHEELER: Overruled.
MS. CAPPLEMAN: And what did y'all do after that confrontation?
MS. CAPPLEMAN: How did you unwind him?
LUIS RIVERA: We just — we left.
LUIS RIVERA: We just — I said, "Man, we can't." He wanted to run the truck right through the restaurant.
LUIS RIVERA: Tell him, "Nah, we ain't gonna do that. Not with me in the truck."
LUIS RIVERA: But when they're leaving, we just left.
MS. CAPPLEMAN: All right. Do you remember what y'all did that night?
LUIS RIVERA: No.
MS. CAPPLEMAN: Did you hang out together?
LUIS RIVERA: Every day we hang out.
MS. CAPPLEMAN: Okay. And that night was no exception?
LUIS RIVERA: We don't got it. We hung out that night, I don't know where.
MS. CAPPLEMAN: Okay, we don't have to know where, but did y'all spend time together, and did he recover himself from being upset, as upset as he was?
LUIS RIVERA: Yeah, a little bit.
MS. CAPPLEMAN: All right. Nothing further.
JUDGE WHEELER: All right. Uh, do you want, uh, Mr. Rivera retained?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: Okay, Mr. Rivera will be retained. Uh, thank you. You'll be escorted back.
LUIS RIVERA: Thank you.