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Magbanua Retrial transcript transcript Clariza Lebredo — Direct/Cross/Redirect - Day 4 - Magbanua Retrial Clariza Lebredo, a 40-year Adelson Institute employee, testifies that she never recognized Katherine Magbanua as a coworker and that sequential paychecks were issued only once a year before family vacations — not as routine practice. Defense cross-examination surfaces that Adelsons controlled payroll without staff knowledge, and that Harvey and Donna Adelson will not be present to testify. Sarah Kathryn DuganTara KawassRobert R. WheelerClariza LebredoJudge WheelerMs. DuganCourt ClerkClariza LebredoMs. Kawassdirectcrossredirect
Magbanua Retrial / Day 4 / May 23, 2022
6 pages · 6 witnesses · 4,351 lines
Clariza Lebredo, a 40-year Adelson Institute employee, testifies that she never recognized Katherine Magbanua as a coworker and that sequential paychecks were issued only once a year before family vacations — not as routine practice. Defense cross-examination surfaces that Adelsons controlled payroll without staff knowledge, and that Harvey and Donna Adelson will not be present to testify.
Proceedings
Direct Clariza Lebredo - Direct Line 1
Cross Clariza Lebredo - Cross Line 131
Redirect Clariza Lebredo - Redirect Line 159
1 8:01:30

JUDGE WHEELER: State may call its next witness.

2 8:01:32

MS. DUGAN: State calls Clariza Lebredo.

3 8:01:35

JUDGE WHEELER: Clariza Lebredo, please.

4 8:02:03

JUDGE WHEELER: Ma'am, you come right up here, please.

5 8:02:09

JUDGE WHEELER: Good afternoon. Before you have a seat, we're going to swear you in, okay? Please raise your right hand, respond to the clerk.

6 8:02:09

COURT CLERK: Do you solemnly swear or affirm that the testimony you shall give shall be the truth?

7 8:02:09

JUDGE WHEELER: Thank you. Please have a seat. I just need you to speak loud and clear into that microphone, okay? If you can scoot on up to that.

8 8:02:09

MS. DUGAN: Good afternoon. Will you tell us your name and spell it for the court reporter, please?

9 8:02:09

CLARIZA LEBREDO: My name is Clariza Lebredo. C-L-A-R-I-Z-A. Lebredo is L-E-B-R-E-D-O.

10 8:02:09

MS. DUGAN: Okay.

11 8:02:49

MS. DUGAN: I'm going to ask you today some questions about your employment at the Adelson Institute. Um, I guess since maybe about three years ago, that's now a different dental practice, right?

12 8:03:00
13 8:03:01

MS. DUGAN: Okay. And, but before — what year was it sold?

14 8:03:07

CLARIZA LEBREDO: Not a year ago. Less than a year ago.

15 8:03:10

MS. DUGAN: Less than a year, okay.

16 8:03:12

MS. DUGAN: But up until less than a year ago, you worked for the Adelson Institute for many years?

17 8:03:18
18 8:03:19

MS. DUGAN: Okay. How many years?

19 8:03:21

CLARIZA LEBREDO: Close to 40.

20 8:03:23

MS. DUGAN: Okay. And now do you work at the practice that it was sold to?

21 8:03:29
22 8:03:30

MS. DUGAN: Okay, now where was the — I'm just going to ask you about Adelson Institute, and so where was Adelson Institute located?

23 8:03:39

CLARIZA LEBREDO: Tamarac.

24 8:03:41

MS. DUGAN: Where in the Miami area is Tamarac?

25 8:03:45

CLARIZA LEBREDO: No, it's not in Miami.

26 8:03:47

MS. DUGAN: Okay, where in that area is Tamarac?

27 8:03:49

CLARIZA LEBREDO: It's in Broward. Broward County.

28 8:03:53

MS. DUGAN: Okay, and is it near Fort Lauderdale?

29 8:03:55
30 8:03:56

MS. DUGAN: Okay, what is the — or what was the exact address?

31 8:04:01

CLARIZA LEBREDO: 7737 North University Drive, Tamarac.

32 8:04:06

MS. DUGAN: Okay, and what type of business was the Adelson Institute?

33 8:04:11

CLARIZA LEBREDO: Dental office.

34 8:04:12

MS. DUGAN: And what was your position there?

35 8:04:15

CLARIZA LEBREDO: Dental assistant.

36 8:04:16

MS. DUGAN: Did you ever work the front desk?

37 8:04:18
38 8:04:22

MS. DUGAN: And you knew Harvey and Donna Adelson and their children?

39 8:04:26
40 8:04:28

MS. DUGAN: All right, you said you worked there for almost 40 years. That includes the years 2014 to 2016?

41 8:04:33
42 8:04:34

MS. DUGAN: Okay. My questions are going to be about those years for you today, okay?

43 8:04:37
44 8:04:37

MS. DUGAN: All right. Can you tell us the names of the employees of the Adelson Institute during those years?

45 8:04:37

CLARIZA LEBREDO: This is myself, Dr. Adelson, Charlie, Donna, Erica, and Amy.

46 8:04:37

MS. DUGAN: Okay. Erica is Erica Johnson?

47 8:04:58
48 8:04:59

MS. DUGAN: Okay. And she works the front desk and is Charlie Adelson's assistant?

49 8:05:03
50 8:05:03

MS. DUGAN: Okay. And you are a dental assistant?

51 8:05:07
52 8:05:07

MS. DUGAN: Okay. And Amy, what does she do?

53 8:05:10

CLARIZA LEBREDO: Hygienist.

54 8:05:10

MS. DUGAN: Hygienist. Okay. And then the only other people besides you, Erica, and Amy are the Adelson family — Harvey, Donna, and Charlie.

55 8:05:19
56 8:05:19

MS. DUGAN: Okay. Now, Harvey and Charlie, they are dentists, right?

57 8:05:25
58 8:05:25

MS. DUGAN: Okay. What about Donna — what does she do there?

59 8:05:28

CLARIZA LEBREDO: She — she worked up front.

60 8:05:33

MS. DUGAN: Mm-hmm. Kind of like manages the office?

61 8:05:36
62 8:05:37

MS. DUGAN: Okay. Is she the person that does payroll? Did she write your checks at the time?

63 8:05:42
64 8:05:48

MS. DUGAN: Did she kind of serve as an office manager?

65 8:05:50

CLARIZA LEBREDO: I don't know if that was her title, but she would do office-type clerical work.

66 8:05:58

MS. DUGAN: Yeah. Okay.

67 8:06:04

MS. DUGAN: What what were the Adelsons' business hours back in 2014 to 2016?

68 8:06:14

CLARIZA LEBREDO: 8 to 5; 11 to 7 was our late night; four days a week.

69 8:06:21

MS. DUGAN: Okay. Would it be Monday, Tuesday, and Thursday 8 to 5, and then your late day would be Wednesday 11 to 7?

70 8:06:28

MS. DUGAN: And that was 11 to 7 that day?

71 8:06:30
72 8:06:30

MS. DUGAN: Okay. And those were not just your working hours — those were the operating hours of the Adelson Institute?

73 8:06:37

CLARIZA LEBREDO: Correct.

74 8:06:37

MS. DUGAN: Okay. Would doctors see patients on Friday or the weekends?

75 8:06:42
76 8:06:45

MS. DUGAN: All right. Now, if a patient called when the Adelson Institute was closed, during any hour that it wasn't open, would that call go to a voicemail machine?

77 8:06:56
78 8:06:57

MS. DUGAN: All right. And whose responsibility would it be to, like, check the machine and call the patients back?

79 8:07:03

CLARIZA LEBREDO: It could be any of us. It could be Donna, it could have been myself when I came in, or Erica.

80 8:07:13

MS. DUGAN: Okay. Who has access to the employee records at Adelson Institute?

81 8:07:23

CLARIZA LEBREDO: They did.

82 8:07:24

MS. DUGAN: Meaning the Adelson family?

83 8:07:26

CLARIZA LEBREDO: The Adelsons, yeah.

84 8:07:28

MS. DUGAN: Okay. Do you have access to it?

85 8:07:30
86 8:07:31

MS. DUGAN: All right. Do you recall two law enforcement officers coming to Adelson Institute back in June of 2016?

87 8:07:39
88 8:07:40

MS. DUGAN: All right. And they asked you if you were familiar with an employee named Catherine Magbanua?

89 8:07:45
90 8:07:46

MS. DUGAN: All right. And you told them no, but referred them to Erica Johnson?

91 8:07:50

CLARIZA LEBREDO: Right, yes.

92 8:07:51

MS. DUGAN: Okay. And you said she's an employee there who's Charles Adelson's assistant, also works the front desk.

93 8:07:58
94 8:07:58

MS. DUGAN: Do you know the defendant in this case, Catherine Magbanua, from the office?

95 8:07:58

CLARIZA LEBREDO: From being a patient.

96 8:07:58

MS. DUGAN: Okay. And when you say office, do you mean you know her from coming in and working there at the office, or from being a patient?

97 8:07:58

CLARIZA LEBREDO: From being a patient who saw him.

98 8:07:58

MS. DUGAN: Okay. So she's come in to get a cleaning or some type of dental work there. How many times has she been a patient?

99 8:08:01
100 8:08:01

MS. DUGAN: Okay. In your almost 40 years of working there, did you ever see Catherine Magbanua come in to the Adelson Institute as anything other than a patient?

101 8:08:01
102 8:08:01

MS. DUGAN: How did you get paid by Adelson Institute?

103 8:08:02

CLARIZA LEBREDO: Just the check.

104 8:08:02

MS. DUGAN: Okay. Um, how often would you get your checks?

105 8:08:02

CLARIZA LEBREDO: Every two weeks.

106 8:08:02

MS. DUGAN: Have you been paid for weeks of — for a week or two weeks of work prior to completing the work? Has that ever happened?

107 8:08:03
108 8:09:02

MS. DUGAN: And I'm not talking about sequential. I'm talking about pre-dating, like you getting your check before you've worked, before you've completed that period.

109 8:09:14
110 8:09:16

MS. DUGAN: Would you ever get multiple paychecks at a time?

111 8:09:19
112 8:09:20

MS. DUGAN: Okay, how many?

113 8:09:24

CLARIZA LEBREDO: Two more than I was supposed to get.

114 8:09:28

MS. DUGAN: Okay, so that would be three then?

115 8:09:31
116 8:09:39

MS. DUGAN: Did you ever get four, five, six checks in a row?

117 8:09:39
118 8:09:46

MS. DUGAN: When you would get two or three at a time, what would be going on at that time for the Adelson family that would cause you to get those checks?

119 8:09:54

CLARIZA LEBREDO: If they were going to go away, they paid me before they could pay less.

120 8:09:54

MS. DUGAN: Okay, so if you were due to get a paycheck and they were about to go on a two-week vacation, they would go ahead and give you your paychecks while they would be out, so you would not get paid?

121 8:10:09
122 8:10:09

MS. DUGAN: Okay, but you would never get four or five, six in a row?

123 8:10:13
124 8:10:25

MS. DUGAN: Have ...any of Charlie Adelson's girlfriends been on Adelson's payroll, to your knowledge?

125 8:10:30

CLARIZA LEBREDO: I don't know.

126 8:10:30

MS. DUGAN: You don't do payroll, I guess. Right? You don't do the payroll.

127 8:10:30
128 8:10:30

MS. DUGAN: Okay. Have you ever been aware of any employee of Adelson Institute, um, in the history of your employment there, that's ever worked exclusively by phone or remotely — prior to, obviously, the pandemic? I'm talking 2014 to 2016.

129 8:10:55
130 8:10:58

MS. DUGAN: That's all I have. Thank you.

131 8:10:59

JUDGE WHEELER: Cross-examination.

132 8:11:10

MS. KAWASS: Now, you have been working there for years, you said, at the Adelson Institute, right?

133 8:11:15
134 8:11:15

MS. KAWASS: It's a small family dental practice, right?

135 8:11:19

CLARIZA LEBREDO: Yeah, it's not some big, you know, multi-dentist operation.

136 8:11:25

MS. KAWASS: With several partners and different — the people in charge are Harvey Adelson and Donna Adelson, right?

137 8:11:31

CLARIZA LEBREDO: Correct.

138 8:11:31

MS. KAWASS: Okay. Now, you only work from Monday to Thursday, right?

139 8:11:34
140 8:11:36

MS. KAWASS: You would have no idea if anyone came into the office at all from Friday to Sunday, right?

141 8:11:41
142 8:11:43

MS. KAWASS: Okay. Now, you have no say or knowledge — I mean, Donna Adelson and Harvey Adelson and Charles Adelson don't have to come and check in with you to determine or to let you know what they're doing and who they're writing checks for, right?

143 8:11:56
144 8:11:57

MS. KAWASS: Okay. Has Wendi Adelson ever worked in the office?

145 8:11:59
146 8:12:00

MS. KAWASS: So if her parents — put her, gave her a paycheck every couple of weeks, you know, but she didn't physically work there — that's something that they could do for their daughter, right?

147 8:12:09

CLARIZA LEBREDO: I don't know.

148 8:12:11

MS. KAWASS: Okay. You wouldn't know, right?

149 8:12:13

CLARIZA LEBREDO: I wouldn't know.

150 8:12:14

MS. KAWASS: Okay. And so you have no idea the arrangement that was made between Charles Adelson and Katherine Magbanua as to why she was getting those paychecks, right?

151 8:12:24
152 8:12:24

MS. KAWASS: And you're not in a position really to ask the Adelsons why they write checks, right?

153 8:12:29
154 8:12:30

MS. KAWASS: The best people to tell this jury about what that was for would be Donna Adelson and Harvey Adelson, right?

155 8:12:38

CLARIZA LEBREDO: I don't know.

156 8:12:38

MS. KAWASS: Okay. They're not in Tallahassee, are they? They're not coming here to testify under a state subpoena.

157 8:12:42

CLARIZA LEBREDO: I don't know.

158 8:12:42

MS. KAWASS: Okay. No further questions.

159 8:12:42

JUDGE WHEELER: Redirect?

160 8:12:59

MS. DUGAN: The sequential checks that you told us about — you said you get sometimes two or three in a row. How often would that happen?

161 8:12:59

MS. KAWASS: Objection. Calls for speculation.

162 8:13:06

CLARIZA LEBREDO: Once a year.

163 8:13:07

JUDGE WHEELER: Hold on, hold on a second. What's the question?

164 8:13:09

MS. DUGAN: How often she would get paid more than one or two paychecks in a row?

165 8:13:14

JUDGE WHEELER: Overruled. You can answer that.

166 8:13:16

CLARIZA LEBREDO: Once a year.

167 8:13:18

MS. DUGAN: Did the Adelson Institute have a cleaning service?

168 8:13:21
169 8:13:22

MS. DUGAN: Was that a husband and wife team?

170 8:13:25
171 8:13:26

MS. DUGAN: And you saw them, the husband and wife team?

172 8:13:30

CLARIZA LEBREDO: I know them, yeah.

173 8:13:32

MS. DUGAN: Okay. Yes. What was it — Katherine Magbanua?

174 8:13:34
175 8:13:35

MS. DUGAN: Okay, that's all.

176 8:13:36

JUDGE WHEELER: All right, we can release the witness.

177 8:13:43

JUDGE WHEELER: Let's meet sidebar quickly, please.