Yindra Velazquez Mascaro — Direct/Cross/Redirect/Recall
1,329 linesJUDGE WHEELER: Please be seated.
JUDGE WHEELER: Thank you, everyone, for your time and your patience.
JUDGE WHEELER: We're ready to continue with the testimony. And the State, call its next witness.
MS. DUGAN: Ms. Velazquez Mascaro, please.
JUDGE WHEELER: Good afternoon.
JUDGE WHEELER: Before you have a seat, we're going to swear you in. Please respond to the clerk.
MS. DUGAN: Good afternoon. Will you tell us your name and spell it for our court reporter, please?
YINDRA VELAZQUEZ MASCARO: Sure. It's Yindra, Y-I-N-D-R-A, Velazquez, V-E-L-A-Z-Q-U-E-Z, Mascaro, M-A-S-C-A-R-O.
MS. DUGAN: Thank you. And what city do you live in?
YINDRA VELAZQUEZ MASCARO: Miami, Florida.
MS. DUGAN: Are you currently working?
MS. DUGAN: And what's your job?
YINDRA VELAZQUEZ MASCARO: I am a title agent for the state of Florida and the state of Georgia.
MS. DUGAN: Do you know Katherine Magbanua?
MS. DUGAN: And how do you know her?
YINDRA VELAZQUEZ MASCARO: She's a childhood friend, and she's the godmother to one of my children.
MS. DUGAN: And did you all go to high school together?
YINDRA VELAZQUEZ MASCARO: We did.
MS. DUGAN: Did you all stay in contact after high school, or did you all lose touch?
YINDRA VELAZQUEZ MASCARO: Not really. We lost touch, and then we reconnected.
MS. DUGAN: Do you remember when you all reconnected?
YINDRA VELAZQUEZ MASCARO: Yes. October 2011.
MS. DUGAN: Okay. Do you know that specific date because it was like a special occasion for you?
YINDRA VELAZQUEZ MASCARO: Yes. It was my 25th birthday.
MS. DUGAN: Okay. So the night of your 25th birthday is when y'all reconnected?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. And then maintained a friendship again after that?
YINDRA VELAZQUEZ MASCARO: That's right.
MS. DUGAN: Okay. Do you know Sigfredo Garcia?
MS. DUGAN: And how do you know him?
YINDRA VELAZQUEZ MASCARO: He is the father of her children.
MS. DUGAN: Okay. Did you also go to high school with him?
YINDRA VELAZQUEZ MASCARO: Not really. I really didn't see him much. I know that he was around, but I didn't really see him much in high school.
MS. DUGAN: Did he and Katherine Magbanua date in high school?
YINDRA VELAZQUEZ MASCARO: They did.
MS. DUGAN: And did they continue to kind of have a relationship off and on again from high school to 2016?
YINDRA VELAZQUEZ MASCARO: Yes, they did.
MS. DUGAN: Okay. What about Luis Rivera?
YINDRA VELAZQUEZ MASCARO: I also know him from childhood.
MS. DUGAN: Okay. Do you know whether or not Katherine Magbanua knew Luis Rivera?
YINDRA VELAZQUEZ MASCARO: She did.
MS. DUGAN: Okay. And how did she know him?
YINDRA VELAZQUEZ MASCARO: Through Sigfredo.
MS. DUGAN: Was she closer to Luis Rivera, or was Sigfredo Garcia closer to Luis Rivera?
YINDRA VELAZQUEZ MASCARO: Sigfredo was closer to Luis.
MS. DUGAN: Okay. Were Sigfredo Garcia and Luis Rivera kind of like brothers?
MS. DUGAN: Prior to Rivera or Garcia's arrest, did you know that Luis Rivera was in a gang?
YINDRA VELAZQUEZ MASCARO: I did not.
MS. DUGAN: All right. So I want to go back to when you and Katherine Magbanua reconnected at your 25th birthday, you said, in October of 2011.
MS. DUGAN: What was she doing for a living at the time?
YINDRA VELAZQUEZ MASCARO: She was doing promos for liquor brands, and also she started working at a dental office.
MS. DUGAN: What does — like, doing promos for liquor brands — what does that mean?
YINDRA VELAZQUEZ MASCARO: So if there's a specific liquor that wants to be promoted within a club or anything like that, they'll do promotions within that club or outside of the club to try to, you know, have the brand within the club, the establishment. And to people that do that work, they might ask people if they want a taste of a certain liquor in a club or at a liquor store.
MS. DUGAN: That's correct. Okay. Do you know the name of the place, that or the, I guess, company she worked for doing that?
YINDRA VELAZQUEZ MASCARO: I do not.
MS. DUGAN: And you said that would have been in 2011?
MS. DUGAN: All right. Um, at some point you said she's also working at a dental office. What was the name of that dental office?
YINDRA VELAZQUEZ MASCARO: Sophie Dental.
MS. DUGAN: How do you — is that S-O-F-I?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. And that stands for, like, South of Fifth in Miami Beach?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. When did she start working at Sophie Dental?
YINDRA VELAZQUEZ MASCARO: It's around the same time, um, that we reconnected, so at the latter part of 2011.
MS. DUGAN: Was she working at Sophie Dental in 2013?
YINDRA VELAZQUEZ MASCARO: Not that I remember, no.
MS. DUGAN: Wait just a second.
MS. DUGAN: At some point while she was working at Sophie Dental, did she stop doing the liquor promotion?
YINDRA VELAZQUEZ MASCARO: She did. She was only working at Sophie Dental. At one point, she stopped doing the promotions altogether.
MS. DUGAN: And while she was working at Sophie Dental, did she get a job as a bartender somewhere?
YINDRA VELAZQUEZ MASCARO: She did.
MS. DUGAN: Okay. And where was that?
YINDRA VELAZQUEZ MASCARO: Club Fate. Um, it was in Gulfstream Park in Broward County, Florida. It's not around anymore. Uh, no, I don't think it's open anymore.
MS. DUGAN: In Gulfstream Park — that's kind of like in between Miami and Fort Lauderdale?
YINDRA VELAZQUEZ MASCARO: Yes. So it's, um, right before — it's like Hallandale Beach, which is the break between Miami-Dade County and Broward County in Florida.
MS. DUGAN: And so while she's working at Fate — or I'm sorry, while she's working at Sophie, she gets this job at Fate?
MS. DUGAN: Okay.
MS. DUGAN: And do you remember when she began working at Fate?
YINDRA VELAZQUEZ MASCARO: I don't remember the exact date.
MS. DUGAN: Okay. Would it help if I showed you a prior statement of yours where you talked about that?
MS. DUGAN: Read just page 44 there to yourself and let me know when you're done.
MS. DUGAN: Okay. Did that refresh your recollection?
YINDRA VELAZQUEZ MASCARO: Yep, ma'am.
MS. DUGAN: All right. So when was it that she was working as a bartender at Fate and also working at the dental office?
YINDRA VELAZQUEZ MASCARO: The latter part of 2013.
MS. DUGAN: Okay. So latter part of 2013 she's at both Sophie Dental and Fate?
MS. DUGAN: All right. And was she still doing liquor promotions at that time?
YINDRA VELAZQUEZ MASCARO: No, ma'am.
MS. DUGAN: Did she eventually stop working in the dental office?
YINDRA VELAZQUEZ MASCARO: She did.
MS. DUGAN: What was Club Fate like back in 2013-ish area?
YINDRA VELAZQUEZ MASCARO: Just a regular nightclub, regulars would go there. It was, you know, Gulfstream Park is a really big establishment where they have different bars and restaurants, so just your regular nightclub.
MS. DUGAN: Okay. And how long did she work at Club Fate?
YINDRA VELAZQUEZ MASCARO: Just a couple of months.
MS. DUGAN: And did she work as just a bartender at Club Fate, or a bartender and a waitress?
YINDRA VELAZQUEZ MASCARO: She did both at one point, but then she ultimately just started, um, bartending in total.
MS. DUGAN: Okay. Did she eventually leave Club Fate?
YINDRA VELAZQUEZ MASCARO: She did.
MS. DUGAN: Why did she leave Club Fate?
YINDRA VELAZQUEZ MASCARO: They were having some accounting issues that she told me about — that the checks were bouncing, so she was like, this is not for me, and she left.
MS. DUGAN: So checks bouncing — obviously, she was receiving a paycheck, it wasn't coming through?
YINDRA VELAZQUEZ MASCARO: That is correct.
MS. DUGAN: Okay. After she quit Fate because of not getting paid, did she get another job?
MS. DUGAN: And where was that?
YINDRA VELAZQUEZ MASCARO: At Hollywood Live.
MS. DUGAN: And what is Hollywood Live?
YINDRA VELAZQUEZ MASCARO: It's another club. Smaller than, you know, this club. It's more of a local place in Hollywood, Florida.
MS. DUGAN: Okay. And can you tell me anything else about the club? Like, what — you say it's like a local place. Are they known for anything in particular?
YINDRA VELAZQUEZ MASCARO: It was a Haitian club.
MS. DUGAN: Okay.
YINDRA VELAZQUEZ MASCARO: So a lot of the Haitian community would go there. Everybody pretty much knew each other. They had like live band, sometimes they had salsa classes.
MS. DUGAN: Okay, things like that. Okay. And what did she do at Hollywood Live?
YINDRA VELAZQUEZ MASCARO: At one point she was bartending and doing bottle service, and then I stayed doing bottle service and she ultimately was only bartending.
MS. DUGAN: I've left a couple of items up on the witness stand for you that have been —
MS. DUGAN: 86 A through D. Okay. If you could grab them, those are the Google Maps. I just want to ask you about those. Do you recognize what you see in those pictures?
MS. DUGAN: Okay. Are those true and accurate depictions of where Hollywood Live is located in kind of the front of Hollywood Live?
MS. DUGAN: At this point I'd move in 86 A through D.
JUDGE WHEELER: Any objection?
MS. KAWASS: My only objection is I haven't seen that, and I don't know when that picture was taken. Was that in 2016 or —
JUDGE WHEELER: All right, well, I thought they had previously seen that.
MS. DUGAN: We've previously shown the defense all of our — all of our evidence, Judge.
JUDGE WHEELER: All right. Let's go ahead and make sure that Ms. Kawass knows which one that we're dealing with, please.
MS. KAWASS: Yes, Your Honor. So my objection would be to 86B because she has no idea when this picture was taken. I believe it was taken in 2021.
JUDGE WHEELER: All right. Well, it's not a fair and accurate representation.
MS. KAWASS: I thought we were just dealing with the map at this time.
MS. DUGAN: It's a map and a picture of the front of the club, which I asked her whether those were true and accurate depictions of the location in the front of the club.
JUDGE WHEELER: All right, they'll be admitted as State's 86 A through D.
JUDGE WHEELER: That's already admitted or not? No, okay.
MS. DUGAN: All right. Obviously, now pull the map of Florida over to you here.
MS. DUGAN: Okay. This is Miami down here?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: And up here, just so you can see where we are, this is Fort Lauderdale?
YINDRA VELAZQUEZ MASCARO: Yes, ma'am.
MS. DUGAN: And this little arrow is showing where Hollywood Live is located?
MS. DUGAN: And you said it's in the town of Hollywood?
MS. DUGAN: So we're a little closer to the view of the Hollywood Live in here?
YINDRA VELAZQUEZ MASCARO: That's right.
MS. DUGAN: You're kind of like looking at the exact street the Hollywood Live is on?
MS. DUGAN: So the address is here next to that little end spot across from the Subway?
MS. DUGAN: Okay. And Highway 20?
MS. DUGAN: And looking at 86D, what do you see here?
YINDRA VELAZQUEZ MASCARO: In the front of the club.
MS. DUGAN: Okay. Okay. So if you're driving by, this is what Hollywood Live looks like?
MS. DUGAN: Did you work at Hollywood Live at the same time as Katherine Magbanua?
YINDRA VELAZQUEZ MASCARO: Yes, I did.
MS. DUGAN: And what did you do at Hollywood Live?
YINDRA VELAZQUEZ MASCARO: I was a bottle service girl.
MS. DUGAN: Okay. And you said that Katherine Magbanua did bottle service then went to bartending?
MS. DUGAN: Okay. What is bottle service?
YINDRA VELAZQUEZ MASCARO: So basically people come to the club, they order a bottle, and then you have to come out — you come out with a sparkler, you serve them, and you're their waitress ultimately throughout the evening, depending on how many tables you have throughout the night.
MS. DUGAN: Okay. And that's what you did there?
MS. DUGAN: All right. So how long did Katherine Magbanua work at Hollywood Live?
YINDRA VELAZQUEZ MASCARO: She also did work there for a couple of months, um, just like in Club Fate.
MS. DUGAN: What was the last— just like in Club Fate. Okay. So a couple of months meaning like two or three months, or a couple of months like over six months?
YINDRA VELAZQUEZ MASCARO: About six.
MS. DUGAN: I'm going to show you, for the record, page 36 of your deposition, line 2, 3, 6—
MS. KAWASS: Objection. Improper refreshing or impeachment.
JUDGE WHEELER: Is there a question, or what?
MS. DUGAN: I asked her how long she had been at work, and how she replied.
MS. DUGAN: And now I'm showing her a—
JUDGE WHEELER: Well, she answered the question.
MS. DUGAN: Yes, sir.
JUDGE WHEELER: So she doesn't need to refresh if she's answered the question.
MS. DUGAN: Yes, sir.
JUDGE WHEELER: All right, well then you can do the impeachment from right there, but if you want to show it to her you can.
MS. KAWASS: Your Honor, the case law is here — the state may not impeach their own witness.
JUDGE WHEELER: All right, I'll allow you to show that to her. Make sure that Miss Kawass knows what page we're dealing with.
MS. DUGAN: I'm sorry, I'm just looking at page 36, line 2, 3, 6.
MS. KAWASS: All right. Is that — I apologize, Judge — Dep, or?
MS. DUGAN: Dep.
MS. KAWASS: Okay, thanks.
MS. DUGAN: A while ago, end — you gave an understatement, right?
MS. DUGAN: Reading your deposition, you said at that point — that how long had she been at Hollywood Live was the question, and you said a couple of months, it couldn't have been more than that, maybe two or three months?
YINDRA VELAZQUEZ MASCARO: Yes, you're correct.
MS. DUGAN: Okay.
MS. KAWASS: No, no — I just object to incoherency.
MS. DUGAN: But that's exactly what you just overruled.
JUDGE WHEELER: All right.
MS. DUGAN: How does Hollywood Live pay their employees?
YINDRA VELAZQUEZ MASCARO: It was an all-cash place.
MS. DUGAN: Okay. So they wouldn't — they wouldn't pay in a paycheck at all?
YINDRA VELAZQUEZ MASCARO: At all.
MS. DUGAN: Okay. And did you ever fill out an employment application or any other type of employment records with them?
YINDRA VELAZQUEZ MASCARO: Nothing. Just straight up cash. Cash business. Yes — they had my first name and my phone number.
MS. DUGAN: Okay, that's it. So you show up and you keep what you're tipped and you go home?
YINDRA VELAZQUEZ MASCARO: That's it.
MS. DUGAN: Okay. How long did you work at Hollywood Live?
YINDRA VELAZQUEZ MASCARO: Also a couple of months. Um, I quit right around July, so I only worked there a couple of months.
MS. DUGAN: Okay. Do you remember, I guess, the exact date that you decided to no longer work there?
YINDRA VELAZQUEZ MASCARO: Yes. Fourth of July.
MS. DUGAN: Fourth of July?
MS. DUGAN: Why do you remember that date so vividly?
YINDRA VELAZQUEZ MASCARO: Because I found out that I was pregnant that day.
MS. DUGAN: Now, did Catherine Magbanua quit working at Hollywood Live before you or after you?
YINDRA VELAZQUEZ MASCARO: Before me.
MS. DUGAN: So she would have quit then before July 4th of 2014.
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: About how long did you work at Hollywood Live after Catherine Magbanua quit?
YINDRA VELAZQUEZ MASCARO: About two months.
MS. DUGAN: So the timeline would have been she no longer works there about two months past, you find out that you're pregnant on July 4th, and then you stop working there that month as well?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. July 4th of 2014?
YINDRA VELAZQUEZ MASCARO: Yes, ma'am.
MS. DUGAN: Okay. And do you know why she quit working at Hollywood Live?
YINDRA VELAZQUEZ MASCARO: She just said that she didn't want to do the club scene anymore.
MS. DUGAN: How much would you make per night at Hollywood Live?
YINDRA VELAZQUEZ MASCARO: On average, on an average night that it wasn't busy, maybe a hundred, two hundred dollars on that night.
MS. DUGAN: So an average night, 100 or 200 dollars. What about a really good night?
YINDRA VELAZQUEZ MASCARO: Anywhere between four and five hundred dollars.
MS. DUGAN: And was that — that's what you would make on one of your best nights there?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. And on average, 100 — maybe between 100 or 200. How often would you have a night where you make like four or five hundred dollars?
YINDRA VELAZQUEZ MASCARO: It wasn't very often. It was, like, unless it was like birthday parties or something like that really going on, or like a special event that they had, because sometimes they had bands that would come in. Unless it was like that, it was very busy — those were really the only nights.
MS. DUGAN: Okay. So would that be like once a month, or—
YINDRA VELAZQUEZ MASCARO: Yeah, probably once or twice a month. It isn't very often.
MS. DUGAN: Okay. So your average night's 100 to 200, one of your best nights 400 to 500, and you could do that like once a month.
MS. DUGAN: Okay. And how often would Catherine Magbanua work at Hollywood Live?
YINDRA VELAZQUEZ MASCARO: We would pretty much work around the same time. We worked on the weekends, because I had a regular nine-to-five job, so I could only work on the weekends. So I normally would only work Fridays and Saturdays, and she would pretty much work the same.
MS. DUGAN: So a Friday and a Saturday?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: And those are probably, I mean, like the busiest nights at a nightclub, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. DUGAN: Okay. And she would have been doing the Fridays and Saturdays — that would have been then about around two months prior to July of 2014?
MS. DUGAN: Okay, all right. So tell me about — did she then go to a dermatologist office after that?
YINDRA VELAZQUEZ MASCARO: She did.
MS. DUGAN: Okay. What was that called, do you remember?
YINDRA VELAZQUEZ MASCARO: Broward Dermatology.
MS. DUGAN: Okay. And who was her boss there?
YINDRA VELAZQUEZ MASCARO: Charlie's ex-roommate, or his roommate at the time.
MS. DUGAN: And when you say Charlie, you mean Charles Adelson?
MS. DUGAN: Okay. And I'll talk to him — we'll talk more about him in just a second, but Charlie Adelson's friend and former roommate was the doctor and the boss at Broward Dermatology.
MS. DUGAN: Do you remember what his name is?
YINDRA VELAZQUEZ MASCARO: I do not.
MS. DUGAN: Okay. How long did Katherine Magbanua work at Broward Dermatology?
YINDRA VELAZQUEZ MASCARO: She didn't work there very long at all.
YINDRA VELAZQUEZ MASCARO: A couple months as well. A few months.
MS. DUGAN: Okay. Where did she work after leaving the dermatology office?
YINDRA VELAZQUEZ MASCARO: She was working with me again at Optima Realty.
MS. DUGAN: So it went —
MS. DUGAN: The liquor promotions, Sophie Dental, Fate, Hollywood Live, Broward Dermatology, Optima Realty.
YINDRA VELAZQUEZ MASCARO: Correct.
MS. DUGAN: Okay. And what was she doing at Optima? Let me ask you first — at Broward Dermatology, do you know what she did there?
YINDRA VELAZQUEZ MASCARO: I believe she was doing insurance verification, if I'm not mistaken.
MS. DUGAN: Okay, kind of like front office clerical work?
YINDRA VELAZQUEZ MASCARO: Yeah, correct.
MS. DUGAN: Okay. And what about at Optima Realty?
YINDRA VELAZQUEZ MASCARO: She was the assistant to one of the realtors there.
MS. DUGAN: Did she work anywhere in between Hollywood Live and Broward Dermatology?
YINDRA VELAZQUEZ MASCARO: I'm not aware.
MS. DUGAN: Okay. How were you paid at Optima Realty?
YINDRA VELAZQUEZ MASCARO: Me, myself, I worked within the real estate office. I did not work for the real estate office. I worked independently with the title company that was located within the real estate office. So I was paid biweekly direct deposit.
MS. DUGAN: Okay. Do you have any knowledge of how Katherine Magbanua was paid?
YINDRA VELAZQUEZ MASCARO: I do not.
MS. DUGAN: How long did she work as an assistant at Optima Realty with a realtor?
YINDRA VELAZQUEZ MASCARO: She worked there right up until May of 2016.
MS. DUGAN: Was that up until Sigfredo Garcia was arrested?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. Did she work there a full month or less than a month?
YINDRA VELAZQUEZ MASCARO: Probably about a month.
MS. DUGAN: About a month?
MS. DUGAN: And she stopped working as of the day Garcia was arrested?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: What did Katherine Magbanua tell you about whether Garcia provided financial support for her and the kids before 2016?
YINDRA VELAZQUEZ MASCARO: So she did tell me that it was very hard for her to get money from him, you know, as support for the children. It was always a struggle to get money from him.
MS. DUGAN: Okay. And what did Katherine Magbanua actually do in January 2015 to try to force him to support her and the kids financially?
YINDRA VELAZQUEZ MASCARO: I believe she had gone to an attorney. She had mentioned that she had gone to an attorney to get child support from him formally.
MS. DUGAN: To have him put on child support.
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Did Garcia ever have a steady job?
YINDRA VELAZQUEZ MASCARO: Not that I know of until the very last job, which was really the only job that I knew of. He was working for a capital funding company.
MS. DUGAN: Okay, was it Rapid Capital Funding?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Is that familiar? Okay, and that was like 2016?
YINDRA VELAZQUEZ MASCARO: 2016, yeah.
MS. DUGAN: Okay, and once you started working there, at that point he started helping her financially more?
MS. DUGAN: Prior to that, you said you don't know of any steady employment for him.
YINDRA VELAZQUEZ MASCARO: I do not.
MS. DUGAN: Okay. All right. So you mentioned Charles Adelson earlier — how did you know him?
YINDRA VELAZQUEZ MASCARO: They were dating. Katie and him were dating.
MS. DUGAN: And Katie, is that Catherine Magbanua's nickname?
MS. DUGAN: Okay. Um, how did she meet Charles Adelson?
YINDRA VELAZQUEZ MASCARO: She met him at the dental office that she was previously working at.
MS. DUGAN: Was that the Sophie Dental?
MS. DUGAN: Okay. And she was working there, you said, back in 2013?
MS. DUGAN: Was he like a dentist there, or what was his role there?
YINDRA VELAZQUEZ MASCARO: No. So he's a periodontist. So he would come in only if they needed to have a surgery done or something like that. Um, he wasn't employed fully for that Sophie Dental — he would just come in as a specialist.
MS. DUGAN: Okay, so he goes there, he meets her at some point, they start dating. Would that be around the end of 2013?
MS. DUGAN: About how long did they date?
YINDRA VELAZQUEZ MASCARO: I want to say a year.
MS. DUGAN: Okay. And you said — when did they start dating, around about 2013?
YINDRA VELAZQUEZ MASCARO: About.
MS. DUGAN: Okay, so, um, if they started dating at the end of 2013, you're saying that they dated until the end of 2014?
MS. DUGAN: And I don't want to put — you previously said they started at the end of 2013 in prior statements, right?
MS. DUGAN: Okay. I just don't want to put words in your mouth.
MS. DUGAN: All right. So did you ever meet Charlie Adelson?
YINDRA VELAZQUEZ MASCARO: I did.
MS. DUGAN: Did she bring him around, like, all the time, or what was that like?
YINDRA VELAZQUEZ MASCARO: I met him twice — once in a social setting, and the other time was the day of the picture.
MS. DUGAN: Okay. The picture I'll ask you about in a second.
MS. DUGAN: All right. Did she talk about Charlie Adelson a lot?
YINDRA VELAZQUEZ MASCARO: Not too much.
MS. DUGAN: When she was dating Charlie Adelson, was Garcia still in the picture?
MS. DUGAN: Okay. They obviously had children together, right?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. Did Catherine Magbanua try to keep Charles Adelson separate, though, from Sigfredo Garcia?
MS. DUGAN: Okay, so they're not all hanging out together, anything like that?
MS. DUGAN: Was Sigfredo Garcia jealous of Charlie Adelson?
MS. DUGAN: Does Sigfredo Garcia ever confront Charlie Adelson?
YINDRA VELAZQUEZ MASCARO: Um, I only know of one instance. Um, and it wasn't, you know — he didn't, like, talk to him, really.
MS. DUGAN: Um, and how do you know about this? Let me ask you, first of all.
YINDRA VELAZQUEZ MASCARO: Katie told me about it.
MS. DUGAN: Can you tell me what she said?
YINDRA VELAZQUEZ MASCARO: She stated that they were leaving her apartment when she lived in North Bay Village, and that he blocked, um, the car that they were in — because they were going out, they were going jet skiing, if I'm not mistaken — and that he blocked the car, like, for them not to be able to leave.
MS. DUGAN: Okay. Garcia blocked Charlie Adelson and Catherine Magbanua from leaving?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. And you said that Garcia — from what she told you, Garcia and Charlie never talked, but he was creating some type of disturbance? Garcia was causing a scene?
MS. DUGAN: Okay. Um, did she — what, what did she tell you about what happened? Like, how did it end?
YINDRA VELAZQUEZ MASCARO: Oh, they just ended up driving off after he eventually moved the car, and they just drove off.
MS. DUGAN: Okay, so there's never any direct communication, but it's screaming, yelling, causing a scene, and then they leave?
MS. DUGAN: Um, now after that, I guess, like, bout of jealousy — disturbing a scene or causing a scene by Garcia — did Catherine Magbanua tell you about something Garcia did that embarrassed her?
MS. DUGAN: Okay, tell me about that.
YINDRA VELAZQUEZ MASCARO: Uh, she told me that he retrieved what he thought was Charlie's phone number from her cell phone, and it ended up being that it wasn't Charlie's phone number — it was actually his father's phone number — and that he left a very nasty voicemail on the phone.
YINDRA VELAZQUEZ MASCARO: He leaves a very nasty voicemail for Charlie's dad.
MS. DUGAN: Yes. But he thought it was Charlie that he was leaving the voicemail for, but it ended up being Harvey?
MS. DUGAN: Okay. And how did she feel that her ex has called her boyfriend's dad and left a nasty voicemail?
YINDRA VELAZQUEZ MASCARO: She was really embarrassed.
MS. DUGAN: Yeah.
MS. DUGAN: Do you remember when all this would have happened?
YINDRA VELAZQUEZ MASCARO: I'm sorry, when what would have happened?
MS. DUGAN: When Sigfredo Garcia is blocking the driveway and making a scene?
YINDRA VELAZQUEZ MASCARO: No, I don't recall.
MS. DUGAN: Okay. Would it refresh your recollection to see what, if anything, you said about when that could have occurred from your deposition?
MS. DUGAN: For the record, I'm looking at page 52 of the deposition, lines 20 through 22.
MS. DUGAN: I know you may not know the exact date. Do you remember whether you were pregnant or not yet?
YINDRA VELAZQUEZ MASCARO: I was not.
MS. DUGAN: Okay. Now, when Charlie Adelson was dating Katherine Magbanua, from what she told you, did he have like a house on the water?
MS. DUGAN: Multiple vehicles, including a Ferrari?
MS. DUGAN: A boat?
MS. DUGAN: During the time that Katherine Magbanua and Charlie Adelson were dating, did Katherine Magbanua get a breast augmentation?
YINDRA VELAZQUEZ MASCARO: She did.
MS. DUGAN: Okay. Do you remember when that was?
YINDRA VELAZQUEZ MASCARO: I was full-on pregnant at the time, so I want to say it was at the end of 2014.
MS. DUGAN: And how did she find the doctor to perform the breast augmentation?
YINDRA VELAZQUEZ MASCARO: I believe Charlie knew of the doctor — knew the doctor and recommended the doctor.
MS. DUGAN: Did she tell you how much it was gonna cost?
YINDRA VELAZQUEZ MASCARO: She approximated that it would be around six or seven thousand dollars. That was her approximate.
MS. DUGAN: Okay. So, you know, she didn't say it costs this amount of dollars and this amount of cents, but she thought that might be about correct. Okay. Do you know who took care of Katherine Magbanua during her recovery from the breast augmentation?
YINDRA VELAZQUEZ MASCARO: Yes, Sigfredo took care of her.
MS. DUGAN: But she was still — you think she was still seeing Charlie Adelson at the time?
MS. DUGAN: Have you ever met Charlie Adelson's sister, Wendi Adelson?
YINDRA VELAZQUEZ MASCARO: I have.
MS. DUGAN: And when was that that you met her?
YINDRA VELAZQUEZ MASCARO: Father's Day weekend.
MS. DUGAN: Of what year?
MS. DUGAN: Okay. Did I show — or, where was that that you met her?
YINDRA VELAZQUEZ MASCARO: At Charlie's parents' house, at the residence off of — I believe they live on Second Street, if I'm not mistaken — um, downstairs by the pool.
MS. DUGAN: Okay. And did I show you earlier State's Exhibit 35, I believe, a picture from that day?
YINDRA VELAZQUEZ MASCARO: Yes, ma'am.
MS. DUGAN: Okay. Is it a true and accurate depiction of what you remember from that day?
MS. DUGAN: Okay, um, at this point I'd move State's 35 into evidence.
JUDGE WHEELER: Any objection?
JUDGE WHEELER: State's Exhibit 35 is admitted.
MS. DUGAN: Yes.
YINDRA VELAZQUEZ MASCARO: That's myself on the far right, Wendi in the middle, and Katie on the left.
MS. DUGAN: And you said Father's Day of 2014, so is that what you mean?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. DUGAN: Do you remember around the time that Katherine and Charlie were in trouble and they just broke up?
YINDRA VELAZQUEZ MASCARO: I don't recall.
MS. DUGAN: Okay, would it refresh your recollection to see a copy of your trial testimony where you mentioned that?
MS. DUGAN: Okay.
MS. DUGAN: I have something. Do you have it? Is it this?
MS. DUGAN: Okay. Thank you. I would have been looking all over the place. Hold on one second.
JUDGE WHEELER: Let's make sure everyone is reading other portions of it. So are you going to a specific page? Do you have a copy of it?
MS. KAWASS: I have a copy, Judge. I just didn't know it was up there open.
JUDGE WHEELER: Well, she had referred to it once before. I think it stayed on the same page. I can't see it. Is there a particular page that you want her to refer to?
MS. DUGAN: Yes, sir.
JUDGE WHEELER: Okay.
MS. DUGAN: If you could look at page 54, lines 18 through 21 of your trial transcript.
YINDRA VELAZQUEZ MASCARO: What was the line number?
MS. DUGAN: 18 through 21.
YINDRA VELAZQUEZ MASCARO: Okay, got it.
MS. DUGAN: Did that refresh your recollection about when you remember them breaking up?
MS. DUGAN: And when was that?
YINDRA VELAZQUEZ MASCARO: It was either January, February of 2015.
MS. DUGAN: And from what you were told, who — if anybody — told you any details of their breakup?
YINDRA VELAZQUEZ MASCARO: There really weren't any details. It was just — it was amicable. They just broke up.
MS. DUGAN: Did she tell you who broke up with who?
YINDRA VELAZQUEZ MASCARO: She did not.
MS. DUGAN: Okay. If you could look back at those — looking at lines 18 through 19 of page 54.
YINDRA VELAZQUEZ MASCARO: Mm-hmm. Yes.
MS. DUGAN: She's refreshing her recollection. Does that refresh your recollection about who broke up with who?
MS. DUGAN: And who was that?
YINDRA VELAZQUEZ MASCARO: She broke up with Mr. Adelson. Katherine Magbanua broke up with Charlie Adelson.
MS. DUGAN: That's correct. Now, you said that would have been January, February 2015. Did Katherine Magbanua ever get back with Sigfredo Garcia after that?
MS. DUGAN: And when was that?
YINDRA VELAZQUEZ MASCARO: That was in May of 2015.
MS. DUGAN: Okay. Do you remember a specific occasion that was going on that helps you remember when that was?
YINDRA VELAZQUEZ MASCARO: Yes, we went to watch the Manny Pacquiao fight, and —
MS. DUGAN: So beginning in May of 2015, when that fight was — that's kind of when they got back together and stayed together after that?
YINDRA VELAZQUEZ MASCARO: Yes, that evening.
MS. DUGAN: Okay. And did they begin — and when I say "they," I mean Garcia and Katherine Magbanua — begin living together after they got back together in May of 2015?
YINDRA VELAZQUEZ MASCARO: Yes, they did.
MS. DUGAN: All right. Back in 2014, did Katherine Magbanua drive a Mazda vehicle?
YINDRA VELAZQUEZ MASCARO: She did.
MS. DUGAN: All right. At some point in 2015, did it break down?
YINDRA VELAZQUEZ MASCARO: Yeah, it was having some issues.
MS. DUGAN: All right. After it broke down, did Charlie Adelson give Katherine Magbanua a car?
MS. DUGAN: All right. And how do you know that he gave her the car?
YINDRA VELAZQUEZ MASCARO: She stated that he had given her the car to help her get her kids around and stuff like that.
MS. DUGAN: Okay. Okay.
MS. DUGAN: So she said he gave it to her, not that she bought it from him?
YINDRA VELAZQUEZ MASCARO: Yeah, well, that he let her use it in order for her to get her kids around and stuff.
MS. DUGAN: Okay. Were you aware of her giving him any money for the car?
MS. DUGAN: Vehicle in that car?
MS. DUGAN: In that picture?
MS. DUGAN: Okay, and what do you recognize it to be?
YINDRA VELAZQUEZ MASCARO: That's the Lexus that she was driving at the time.
MS. DUGAN: And what color is it?
YINDRA VELAZQUEZ MASCARO: Black.
MS. DUGAN: Was it new?
YINDRA VELAZQUEZ MASCARO: No, but it was in really good shape.
MS. DUGAN: Okay, so used but in good shape?
MS. DUGAN: Can you describe the — and have you ever been inside the car?
MS. DUGAN: And seen it in person from the outside?
MS. DUGAN: What condition was it in?
YINDRA VELAZQUEZ MASCARO: It was really good condition. It was pristine.
MS. DUGAN: When Charlie Adelson gave her that Lexus, who is she in a relationship with at the time?
YINDRA VELAZQUEZ MASCARO: With Sigfredo.
MS. DUGAN: Okay. All right. Um, how often would you watch Katherine Magbanua's children?
YINDRA VELAZQUEZ MASCARO: Not often at all.
MS. DUGAN: Was there a time that she asked you to watch her children in July of 2014?
MS. DUGAN: And what was your address in July of 2014?
YINDRA VELAZQUEZ MASCARO: 10735 Northeast Ninth Place — maybe Ninth Ave. Ninth Ave.
MS. DUGAN: Okay. Cane Park. All right. Um, and how long did the kids stay with you in July of 2014?
YINDRA VELAZQUEZ MASCARO: It was just one night.
MS. DUGAN: Okay. The next morning after the kids woke up, did you speak to Ms. Magbanua?
MS. DUGAN: All right. What did she tell you that had happened?
YINDRA VELAZQUEZ MASCARO: She told me that Charlie's brother-in-law had gotten into an accident.
MS. DUGAN: What type of accident did she say that Charlie Adelson's brother-in-law had?
YINDRA VELAZQUEZ MASCARO: A car accident.
MS. DUGAN: Did you have any idea at the time that Charlie —
MS. DUGAN: — Adelson's brother-in-law had actually been murdered?
YINDRA VELAZQUEZ MASCARO: No, ma'am.
MS. DUGAN: The day before? Okay. You didn't realize that until Garcia was arrested?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: In may of 2016, when Garcia was arrested, were he and Katherine Magbanua together at that point?
MS. DUGAN: Did you have plans with both of them around the time that he was arrested?
MS. DUGAN: Okay, where were y'all gonna go?
YINDRA VELAZQUEZ MASCARO: We were going to Disney.
MS. DUGAN: Okay, and was that gonna be a couple days later?
YINDRA VELAZQUEZ MASCARO: Yeah, we were supposed to go to Disney that same weekend.
MS. DUGAN: Okay, so he was arrested on a weekday and then that weekend y'all were supposed to go?
MS. DUGAN: All right. Event-- y'all didn't end up going to Disney, right?
YINDRA VELAZQUEZ MASCARO: I went.
MS. DUGAN: You went. Okay, sorry. Katherine Magbanua did not?
YINDRA VELAZQUEZ MASCARO: She did not.
MS. DUGAN: Okay. How much contact did you have with Katherine Magbanua after Garcia's arrest?
YINDRA VELAZQUEZ MASCARO: Uh, not too much. I would just, you know, ask her how the kids were doing, how she was doing. Very-- you know, nothing too in-depth. Just wanted to make sure that she was okay.
MS. DUGAN: Did she ever talk to you about his arrest?
MS. DUGAN: Are you aware of any relationship between Katherine Magbanua and Charlie Adelson's parents, Donna and Harvey?
YINDRA VELAZQUEZ MASCARO: Just a professional relationship.
YINDRA VELAZQUEZ MASCARO: I believe like he would do her cleanings — Harvey would do her dental cleanings, and I believe he also did pull some teeth.
MS. DUGAN: Okay, so nothing other than a patient-dentist relationship?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Did she ever work for Adelson Institute?
YINDRA VELAZQUEZ MASCARO: I'm not sure.
MS. DUGAN: Did she ever work for Charlie Adelson?
YINDRA VELAZQUEZ MASCARO: I'm not sure.
MS. DUGAN: Did she ever mention to you that she'd worked for Adelson Institute or Charlie Adelson?
YINDRA VELAZQUEZ MASCARO: Not in directly telling me that she was working there, no.
YINDRA VELAZQUEZ MASCARO: Just that she did tell me about Charlie helping her with some paperwork for insurance for her children, because she needed to get health care for them, and that was the only way that she was able to.
MS. DUGAN: Okay. My question — did she ever work for Adelson Institute though, or Charlie Adelson, that you are aware of?
YINDRA VELAZQUEZ MASCARO: I am not aware.
MS. DUGAN: You're not aware that she did?
MS. DUGAN: And when you — the statement that she did make, it was because she needed help with some paperwork. She never said, "I'm working for Charlie now," or "I'm working for Adelson Institute now."
MS. DUGAN: I I just want to clarify — when you say you were not pregnant yet at the time of this incident in the parking lot where Garcia caused the scene and they had to leave, uh, you had not found out you were pregnant?
YINDRA VELAZQUEZ MASCARO: I had not found out I was pregnant.
MS. DUGAN: Okay. So it would have been prior to July 4th of 2014?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: That's all. Thank you.
JUDGE WHEELER: All right. Can you gather these items? 54 has not been admitted into evidence.
JUDGE WHEELER: Do you have any objection? 54 admitted into evidence. Ms. Kawass?
MS. KAWASS: Only improper foundation, Judge. I know she identified that as a — a car, but I don't know the date of time whenever that picture was —
JUDGE WHEELER: Overruled. Will be admitted in evidence as State's Exhibit 54.
MS. DUGAN: Looking here at 54 — which one was the car that you said was the Lexus that Charlie Adelson said he gave Katie?
YINDRA VELAZQUEZ MASCARO: The vehicle on the right.
MS. DUGAN: That one right there?
JUDGE WHEELER: Cross-examination.
MS. KAWASS: Good afternoon, Ms. Mascaro. How are you doing?
YINDRA VELAZQUEZ MASCARO: I'm okay.
MS. KAWASS: You're doing well?
MS. KAWASS: Okay. So I want to take you back to the time, because you are one of the very few people that know all of — what the state likes to call — the players in this case, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: You had a personal relationship with Ms. Magbanua?
MS. KAWASS: You had a personal relationship with Sigfredo Garcia?
MS. KAWASS: And you knew of Luis Rivera?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: Is it fair to say that you all as a group kind of all grew up in the same area and all went to high school together?
MS. KAWASS: Okay. Just because you all know each other, it doesn't mean you're all super, super close.
MS. KAWASS: All right. Now, you've known Katie since she was in high school, right?
YINDRA VELAZQUEZ MASCARO: Yes. North — uh, that would be Miami Beach Senior High.
MS. KAWASS: Yes. All right. Now, you weren't that close in high school, but you just kind of rekindled your friendship, you said, um, when you were on your 25th birthday, right?
MS. KAWASS: This was after you attended college at Johnson and Wales, right?
MS. KAWASS: And Katie actually went to the University of Central Florida, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Right. Do you know what she got her degree in?
YINDRA VELAZQUEZ MASCARO: I don't remember. I know it was like pharmaceutical sales, maybe something of that.
MS. KAWASS: Okay, but she did get her a degree?
MS. KAWASS: Okay. Now, Katie had two children at the time, right?
MS. KAWASS: All right. And there was her son Ethan, right? And her daughter Kaylee, right?
MS. KAWASS: Now, it was around the time that she had Kaylee that you two became close?
MS. KAWASS: And you remember that conversation — when she, you know, she had — when you two rekindled, that she was saying, "Oh, I just had Kaylee"?
MS. KAWASS: And that's one of the things that you potentially bonded over, right?
MS. KAWASS: Now, how would you describe Katie as a mother?
JUDGE WHEELER: Uh, overruled.
YINDRA VELAZQUEZ MASCARO: She was a great mom.
MS. KAWASS: Okay. Would you describe her as one of the best mothers you've ever known?
MS. KAWASS: All right. And her children are everything to her, right?
MS. KAWASS: Now, when she had Kaylee, she had just ended her relationship with Sigfredo Garcia, right?
MS. KAWASS: And he was the father of both of her kids?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: And did you — do you know why Katie broke up with Sigfredo?
YINDRA VELAZQUEZ MASCARO: Um, I — she mentioned, like, there was a lot of drug use and stuff like that, that she was not okay with.
MS. KAWASS: Okay. You know which drugs?
YINDRA VELAZQUEZ MASCARO: Cocaine.
MS. KAWASS: Okay. So she expressed to you that he had a cocaine problem?
MS. KAWASS: And that was a no-no in her household?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Okay. You've never seen Katherine consume cocaine or even be near it.
YINDRA VELAZQUEZ MASCARO: No, ma'am.
MS. KAWASS: Okay. That is not something that is in her lifestyle.
MS. KAWASS: All right. Now, at the time that she broke up with Garcia, she kicks him out of the apartment, right?
MS. KAWASS: And she is living in the apartment in North Bay Village with her two kids, and who else?
YINDRA VELAZQUEZ MASCARO: And her mom.
MS. KAWASS: Okay. What's her mother's name?
YINDRA VELAZQUEZ MASCARO: I forgot.
MS. KAWASS: Okay, but it's Katie's mom. All right. And Katie's mom was around, helping her with the kids?
MS. KAWASS: So she had direct knowledge of everything Katie was doing at around the times that we're talking about, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Okay. Do you know if the police ever went to interview her about any information about Katie?
YINDRA VELAZQUEZ MASCARO: If she knows? Interview who? I'm sorry.
MS. KAWASS: Her mom.
YINDRA VELAZQUEZ MASCARO: I'm not aware.
MS. KAWASS: Okay. Now, her mom isn't the only family she has in town, right?
MS. KAWASS: Okay. She has a brother, right?
MS. KAWASS: At the time, married with kids?
MS. KAWASS: Did you know where he lived?
YINDRA VELAZQUEZ MASCARO: I believe Coral Springs, if I'm not mistaken.
MS. KAWASS: In Fort Lauderdale, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Around the same area, or in — around the same vicinity, or up north, like where Charlie lives?
MS. KAWASS: Right. He has kids?
YINDRA VELAZQUEZ MASCARO: He does.
MS. KAWASS: All right. And you also knew Katie's mom was a nurse, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: And she worked at — you know, for as long as you knew her?
MS. KAWASS: All right. And do you know, when she kicked Sigfredo out, where did Sigfredo end up going?
YINDRA VELAZQUEZ MASCARO: I have no idea.
MS. KAWASS: All right.
MS. KAWASS: And now you are not Katie's only very close friend — female friend, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: You are aware of — there's her other best friend, Kenya?
MS. KAWASS: She also has another female best friend, Maria?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: All right. Um, and probably others that you don't even know about, right?
MS. KAWASS: And at this time that we're talking about, Katie was a single mother of two kids, right?
MS. KAWASS: You know, from her — first-hand knowledge of how busy a single mother can be taking care of two very small children, right?
MS. KAWASS: Not much time left for many activities?
MS. KAWASS: It's all just your kids, and especially if you don't have a father who's helping too much, it kind of all falls on you, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: So you said on direct she would sometimes do liquor promotions?
MS. KAWASS: All right, and like you said, this paid in cash?
MS. KAWASS: She also got a job as a bartender?
MS. KAWASS: All right, paid in cash?
MS. KAWASS: And at some point, you said she was, uh, doing bottle service at one of the clubs, right?
MS. KAWASS: Now, I want you to explain this to the jury, because bottle service is kind of like a Miami-Vegas type — if you're not in one of the very big cities, this is not something that is, you know, at every single bar across America, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: It's this specialty thing where people can come in and they pay a ridiculous amount of money for a bottle, right? So it's like a bottle of Patrón would probably cost a thousand dollars?
YINDRA VELAZQUEZ MASCARO: Well, not a thousand — not a thousand, but something along that.
MS. KAWASS: It comes with the idea that you can bring all these people with you?
MS. KAWASS: And then you get your VIP table?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: And then the girls are going to come out with the bottle and the sparklers?
MS. KAWASS: And make it all a big — you know — so everyone can see, "Oh look, I'm spending my money"?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: And then the girls get tipped at the end, right?
MS. KAWASS: And girls in this industry, in Miami, can make a significant amount of money, right?
MS. KAWASS: All right. I'm not even talking about where you guys work — the girls even down on South Beach can make up to the thousands, right?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: You could even have a customer who may just take a liking to you, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Drop $1,000 on you that night?
MS. KAWASS: All right. Now, one thing I do want to talk to you about before I forget — referring —
MS. KAWASS: Court and counsel, to what's been admitted into evidence as State's — that you've been facing — six feet this —
MS. KAWASS: Photograph, right? Let's talk about some obvious things first, right? That's in the daytime, right?
MS. KAWASS: You have no idea when this photo is taken?
MS. KAWASS: Would it surprise you that it was taken during the pandemic?
JUDGE WHEELER: Overruled.
MS. KAWASS: Would it surprise you to know that this picture was taken during the pandemic?
MS. KAWASS: It looks closed, right?
MS. KAWASS: There are no cars there?
MS. KAWASS: Including the business beside it is closed.
MS. KAWASS: And you agree with me that during the pandemic, many, many, many businesses had to close?
MS. KAWASS: Especially businesses that were bars and restaurants, correct?
MS. KAWASS: Had they gone and taken a picture in 2016 at night, it might look a little different, right?
MS. KAWASS: Patrons, cars, all those things, right?
MS. KAWASS: So that picture is not a fair and accurate representation of what the club looked like when you guys worked there.
MS. KAWASS: Now, let's talk about some more of the problems that Katie told you that she was having with Sigfredo, right?
MS. KAWASS: She always complained that he was in and out of jail.
MS. KAWASS: She told you that not only did she not want that around her, but more importantly, she didn't want that around her kids, correct? She was not happy that he was living a bachelor lifestyle, correct?
YINDRA VELAZQUEZ MASCARO: Right.
MS. KAWASS: And at one point, he was actually living with a porn star?
MS. KAWASS: That would be Shrimp, right?
YINDRA VELAZQUEZ MASCARO: Correct. Stephanie Carmona — I don't know her real first name, but that's, I just knew her.
MS. KAWASS: Sure. Okay. And she also was heavily using cocaine?
MS. KAWASS: Now, you also know Luis Rivera?
MS. KAWASS: Now, as you said, you are not that close to them, but you know of him and his family?
MS. KAWASS: He has a very big family, right?
MS. KAWASS: You went to school with a lot of his siblings, correct? Okay. How many siblings does he have?
YINDRA VELAZQUEZ MASCARO: I believe he has four other siblings besides him, and he's very, very close to his sister, Ariel Rivera.
MS. KAWASS: Yes, they are like thick as thieves?
MS. KAWASS: You know her too?
MS. KAWASS: She's very protective of her brother, isn't she?
MS. KAWASS: And him of her?
MS. KAWASS: Now, you weren't close to Luis?
MS. KAWASS: Neither was Katie, right?
MS. KAWASS: Sigfredo and Luis were close?
MS. KAWASS: And you never heard, ever in your presence, Katie talking to Luis Rivera on the phone?
MS. KAWASS: That would be odd to you?
YINDRA VELAZQUEZ MASCARO: Yeah, they were having a conversation on the phone?
MS. KAWASS: Yes. And especially, too, if she's broken up with Sigfredo at the time, there really is no reason — unless she's looking for Sigfredo — to call him?
MS. KAWASS: All right. And it's fair to say that if she's trying to find Sigfredo and he's not answering his phone, the next best person to call, if she had the correct number, would be Luis Rivera?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: All right. Now, Katie, back then — we've spoken about many jobs that she's had, right?
MS. KAWASS: Now, I know the State tried to piecemeal and, like, pigeonhole these timeframes, but it was —
JUDGE WHEELER: I don't know what the question is.
MS. DUGAN: Objection.
MS. KAWASS: I just said they were trying to pigeonhole timeframes.
JUDGE WHEELER: Okay. You can continue.
MS. KAWASS: Okay. They were trying to get certain timeframes out of you of when Katie was doing what, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Now, you'd agree with me, we're talking about something 2014. We're getting close to almost 10 years ago, right?
MS. KAWASS: So would it be fair to say that if there was, for example, a record of a paycheck she received from Club Fate, that would be a better representation of when she was working there?
MS. KAWASS: Would it be fair to say that the jury would rely on that more so than your memory?
MS. KAWASS: Okay. So if they had records, too, from Hollywood Life of when she worked there, you would agree with me that that would be a better piece of evidence to rely on than your memory?
MS. KAWASS: Okay. Also, too, if there are photographs of her, say, on her Facebook, working at the club —
MS. KAWASS: That would also, you know, it says the time and date of when she actually worked there, correct? So when you testified on direct as to certain time frames, is it fair to say this is as best as you can recollect?
MS. KAWASS: You may be off on some of the dates and times, right?
YINDRA VELAZQUEZ MASCARO: It's possible.
MS. KAWASS: Okay. Now, around this time, how old was Ethan? Was he still a toddler?
YINDRA VELAZQUEZ MASCARO: Not a toddler — but I may be saying that wrong. I mean, I don't know where toddler ends. Um, he wasn't that small.
MS. KAWASS: Okay. Because now Ethan is going to be, if I'm not mistaken, 15. So we could say about, like, seven?
YINDRA VELAZQUEZ MASCARO: Yes, around. Yes.
MS. KAWASS: But still a very young child?
MS. KAWASS: Okay. Now, her daughter Kaylee, though, was a child, was a baby?
YINDRA VELAZQUEZ MASCARO: Yeah, she was the baby.
MS. KAWASS: All right. Now, this is not a situation where, whenever she wanted, she could go spend the night at her boyfriend's house, right?
YINDRA VELAZQUEZ MASCARO: No, because she has to take care of her kids.
MS. KAWASS: Yes. And she couldn't leave Kaylee too much, especially if she's breastfeeding, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Now, you met Charles Adelson a few months after Katie began dating him?
MS. KAWASS: And you all hung out together one night in Fort Lauderdale?
YINDRA VELAZQUEZ MASCARO: Yes, we did.
MS. KAWASS: Now, isn't it true that the relationship between Charles Adelson and Catherine Magbanua was not a serious relationship?
YINDRA VELAZQUEZ MASCARO: It was not.
MS. KAWASS: Okay. It was a casual dating situation, right?
MS. KAWASS: She never expected anything to come out of this with Charles Adelson, right?
MS. KAWASS: Did she express to you that she was very well aware of the fact that he was kind of, like, a noncommittal type?
MS. KAWASS: Okay. But she never expressed any frustration with that to you?
MS. KAWASS: And she never classified him as her boyfriend?
YINDRA VELAZQUEZ MASCARO: Never.
MS. KAWASS: She never said to you she wants to marry him?
MS. KAWASS: And would it be fair to say that Charlie was kind of almost like a rebound?
YINDRA VELAZQUEZ MASCARO: Yes. Yes.
MS. KAWASS: As far as you knew, for 10 years she was only dating and seeing Sigfredo?
MS. KAWASS: And so this is the first guy she sees after having a serious breakup with Sigfredo?
MS. KAWASS: Katie's not a girl that just goes around and randomly dates hundreds of guys, right?
MS. KAWASS: She sticks to the guy that she's seeing at the time?
MS. KAWASS: Now, at some point Katie and Charlie stop dating?
MS. KAWASS: Okay. Now, you said it wasn't, like, a big blow-up breakup?
MS. KAWASS: So we can't really pinpoint the day that it occurred. All right. If there was, let's say, a text message from Catherine to Sigfredo on his iCloud, that would be more of a fair, you know, representation of when the relationship ended between them, right?
MS. KAWASS: I know you're trying to go back, you know, it happened in 2015, but you can't say for certain to this jury that it was at the end of 2015 — no, I'm sorry, 2014?
MS. KAWASS: Right. So now throughout the time from when you believe she broke up with Charlie up until Sigfredo was arrested, you were aware that they continued talking as friends, right?
MS. KAWASS: He continuously called her throughout that time?
MS. KAWASS: There was never a time that they stopped communicating with each other?
MS. KAWASS: He was remaining friends with one of the girls that he's seen before?
MS. KAWASS: And she had no problem remaining friends with him?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: It'd be fair to say that she probably didn't keep that information — or didn't let Sigfredo know that — when they got back together?
MS. KAWASS: Now now, in October of 2014 is when Katie got her breast enhancement surgery.
MS. KAWASS: Okay. And her medical records would be a fair representation of when that occurred?
MS. KAWASS: And also, too, if there's any pictures that show the before and after, you can kind of tell.
MS. KAWASS: Okay. And you've known Katie since high school.
MS. KAWASS: Has she always wanted to get breast enhancement surgery?
MS. KAWASS: This is not something that, "oh, poof, I just decided to get them when I started dating Charles Adelson"? No, she's always said she wanted to get them, right?
MS. KAWASS: And isn't it true that Katie found a doctor that was recommended by Charlie?
MS. KAWASS: And this is someone he knew?
MS. KAWASS: Because in that industry in Miami — I know he's a dentist, but, you know, doctors, dentists, they kind of all know each other, right?
MS. KAWASS: And it's true that this plastic surgeon is one of the top plastic surgeons in South Florida?
YINDRA VELAZQUEZ MASCARO: Yes, he is. I mean, according to his advertising.
MS. KAWASS: Yes. All right. And at the time of the surgery, Sigfredo, like you said, took care of her?
YINDRA VELAZQUEZ MASCARO: Yes, he did.
MS. KAWASS: But after the surgery, she can't lift her arms?
YINDRA VELAZQUEZ MASCARO: No, she can't lift anything.
MS. KAWASS: No, she's bedridden?
MS. KAWASS: Two small kids?
MS. KAWASS: So he was not only helping take care of her, he was helping take care of the kids?
YINDRA VELAZQUEZ MASCARO: He was. The father — the father.
MS. KAWASS: Yes. All right. And it was common knowledge that Katie was dating Charlie the dentist amongst you guys and your friends, right?
MS. KAWASS: This wasn't a secret?
YINDRA VELAZQUEZ MASCARO: No, everyone knew, including Sigfredo.
MS. KAWASS: Yes. And he did not like that Katie, the mother of his children, was dating another man — even though they're broken up and he's doing whatever he wants to do. He just didn't like that, well, the mother of his kids was seeing someone else?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: All right. Now, in January of 2015, isn't it true that Sigfredo Garcia got into a motorcycle accident with Shrimp on the back seat?
MS. KAWASS: Okay. So it's fair to say that at that time they were probably not back together yet?
MS. KAWASS: All right. She actually was about to go on a trip to Disney?
MS. KAWASS: And found out that he got into this motorcycle accident with her on the back?
MS. KAWASS: And she was not happy about it at all. And you don't know exactly when the date/time when she and Charlie ended their intimate relationship and it turned more into a friendship?
YINDRA VELAZQUEZ MASCARO: I don't know.
MS. KAWASS: All right. Now, she also told you that she stopped dating Charlie —
YINDRA VELAZQUEZ MASCARO: What was your question? Say it again.
MS. KAWASS: — that Katie told him that she stopped dating Charles because she did not want problems to arise from her being with Charlie.
JUDGE WHEELER: I'll allow that.
MS. KAWASS: Okay. And Charles was supportive of her actually getting back together with Sigfredo, right?
YINDRA VELAZQUEZ MASCARO: He was.
MS. KAWASS: Katie also didn't want any more violence or any potential blowups between Garcia and Charles, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: And that's because we already know, because we've discussed this, about that confrontation that you were made aware about in July of 2014.
MS. KAWASS: And you had said Sigfredo actually pulled up while Charlie and Katie were getting into the vehicle to go on a date, right?
MS. KAWASS: What vehicle was that — which, whose vehicle?
YINDRA VELAZQUEZ MASCARO: Inside — they weren't... they were in the Lexus.
MS. KAWASS: Right? Who?
YINDRA VELAZQUEZ MASCARO: Yes. Katie and Charlie were in the Lexus.
MS. KAWASS: Yes. And Sigfredo pulls up out of nowhere, blocks him in, jumps out of the car, and starts going off on them?
MS. KAWASS: Katie never actually told you that she could hear what was being said?
MS. KAWASS: All right. And like you said, Charles was able to somehow divert and just get out of the way?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: All right.
MS. KAWASS: Now, it wasn't... like you said, May of 2015. So that's about a year after — getting up close to a year after — July of 2014, which is when the murder occurred. That's when they actually finally reconciled, in 2015?
YINDRA VELAZQUEZ MASCARO: In 2015.
MS. KAWASS: And like you said, everyone says it's at the Pacquiao fight?
MS. KAWASS: Right? That was a fight that they had everybody come over so that all your friends and everyone could watch a fight together?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: And you were there?
YINDRA VELAZQUEZ MASCARO: I was.
MS. KAWASS: Katie was there?
YINDRA VELAZQUEZ MASCARO: She was.
MS. KAWASS: Sigfredo was there?
MS. KAWASS: Luis Rivera was there?
MS. KAWASS: Who is the mother of Luis Rivera's children — Jessica?
YINDRA VELAZQUEZ MASCARO: She's one of them.
MS. KAWASS: She's one of them, because he has several?
YINDRA VELAZQUEZ MASCARO: He does.
MS. KAWASS: Okay. And so she was around and dating Luis around the time all of this took place, right?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: So she would probably know a lot about this case too?
YINDRA VELAZQUEZ MASCARO: I'm not sure.
MS. KAWASS: All right.
MS. KAWASS: Now, right after that is when Luis Rivera gets indicted by the federal government for racketeering?
MS. KAWASS: All of you heard about that — everybody?
YINDRA VELAZQUEZ MASCARO: It was just all over.
MS. KAWASS: Was it on the news, or this is just something — it was spread around your group of friends?
YINDRA VELAZQUEZ MASCARO: Both. It was on the news, it was Facebook, it was everywhere.
MS. KAWASS: And up until that point, you had no idea that Luis Rivera was actively in a gang since he was 15 years old?
YINDRA VELAZQUEZ MASCARO: I did not.
MS. KAWASS: He was able to keep that from people, right?
MS. KAWASS: You now know that he was the head primo of the North Miami chapter of the Latin Kings.
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: And even not knowing anything about gang lifestyle, you've heard of the Latin Kings before, right?
YINDRA VELAZQUEZ MASCARO: Yes, they're nationwide.
MS. KAWASS: And when Luis was arrested — okay — Katie, how did she react?
YINDRA VELAZQUEZ MASCARO: She saw it coming, I guess, because, you know, he's not the best guy out there, so, you know, it's one of those things that she was just like, well, it's gonna happen.
MS. KAWASS: She wasn't surprised?
MS. KAWASS: It's not like Luis Rivera is this, you know, person that does nothing wrong and then all of a sudden this is a shock to everyone, right? Everyone kind of saw it coming.
MS. KAWASS: And Sig fredo was not arrested?
YINDRA VELAZQUEZ MASCARO: He was not.
MS. KAWASS: Okay. You have no information that Sigfredo was ever part of a gang?
MS. KAWASS: He was not indicted in that multiple co-defendant indictment?
YINDRA VELAZQUEZ MASCARO: No, he was not.
MS. KAWASS: And right before the big arrest, you had met him and Jessica Rodriguez at a baby shower?
MS. KAWASS: Okay.
YINDRA VELAZQUEZ MASCARO: I saw Maria at a baby shower.
MS. KAWASS: Okay, so whose baby shower was that?
YINDRA VELAZQUEZ MASCARO: That was one of our mutual friends.
MS. KAWASS: Okay. It was her baby.
MS. KAWASS: Now I want to go over a little bit more about the Hollywood Live and Club Fate and all of that.
MS. KAWASS: There's no question that Ms. Magbanua was working in the service industry around the time that this took place, right?
MS. KAWASS: So — and like you said, it is an all-cash business, right?
MS. KAWASS: One of the places you actually testified to, you didn't even fill out an application.
MS. KAWASS: You just walked in, they hired you, and you're paid in cash.
MS. KAWASS: You didn't fill out any form of records, anything like that?
YINDRA VELAZQUEZ MASCARO: Nothing.
MS. KAWASS: Okay. And these jobs that she held — like you said, you were working a nine to five.
MS. KAWASS: Ms. Magbanua, she also had day jobs too, right?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: She was working at Sophie Dental at some point. She was working at Broward Dermatology. These are all businesses that operate during normal business hours, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: So she was working that in addition to service industry jobs to supplement her income.
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: Okay. And those all paid in cash.
MS. KAWASS: Now, she eventually came to work with you at Optima Realty, right?
MS. KAWASS: And this was around the time of May of 2016?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: This is around the time where you now learned that there are wire intercepts?
MS. KAWASS: You're on one of the wire intercepts, aren't you?
YINDRA VELAZQUEZ MASCARO: Yes, I'm pretty sure, yeah.
MS. KAWASS: Okay. And that's because Katie, while she's using her phone, would be sitting beside you?
MS. KAWASS: At the realty company?
YINDRA VELAZQUEZ MASCARO: Yes, we sat in the same office.
MS. KAWASS: Okay. So it wouldn't be unusual for her to be talking about real estate things?
MS. KAWASS: On the phone?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: You didn't hear her talking anything about the murder?
MS. KAWASS: Nothing about Dan Markel?
MS. KAWASS: Nothing about hiding anything?
MS. KAWASS: And you also mentioned on direct — and I want to go into this a little more — Katie, you said, tried to get employment from Charlie Adelson so that she would be able to qualify for insurance for her kids.
MS. KAWASS: Could you explain that to the jury for me, please?
YINDRA VELAZQUEZ MASCARO: So there's Florida KidCare, there's Medicaid in the state of Florida, and if you're working and you're getting all cash, that really doesn't show how much money you're making, at least for the state. So you have to have a job that is actually on paper and that actually fills out, you know, that you're actually working there, how much you're making, so on and so forth. So she needed to have something in writing that she worked for somebody, that way she could be able to be shown to get insurance for her kids.
MS. KAWASS: And you knew that because she told you that?
MS. KAWASS: All right. Now I want to talk to you about the day that Agent Sanford with the FBI and Detective Isom came to interview you in 2016.
MS. KAWASS: All right, so this is right after all of this is taking place?
MS. KAWASS: You'd agree with me that your memory back then would be way better than it is now?
YINDRA VELAZQUEZ MASCARO: Yes, right.
MS. KAWASS: They first came and spoke to you on June 28th of 2016, right?
YINDRA VELAZQUEZ MASCARO: That sounds about right, yeah, right.
MS. KAWASS: So that's about a month after Sigfredo has been arrested?
MS. KAWASS: Now, at this time, isn't it true that it was all over the internet about Sigfredo Garcia's arrest? Everywhere?
YINDRA VELAZQUEZ MASCARO: Everywhere, yes. Facebook, everywhere.
MS. KAWASS: Isn't it true that also a 24-page affidavit had been released to the media stating that Ms. Magbanua was somehow involved in all of this?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: Anybody who went online could download and read this 24-page document?
MS. KAWASS: And it basically laid out this whole theory, how she's the middle person, right?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: So everything was in there, including the wiretaps, the flurry of communications, and all these little things that the state thought was relevant?
MS. KAWASS: Now, it wasn't a secret at all that the state and the police considered Ms. Magbanua a suspect?
MS. KAWASS: They didn't consider her a witness who had information.
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: And when they came to see you, Katie was no longer working there?
YINDRA VELAZQUEZ MASCARO: She was not.
MS. KAWASS: And they never once attempted to come to that office before, when she was working there, to try and talk to her, right?
MS. KAWASS: You agreed to speak to them about Katie?
YINDRA VELAZQUEZ MASCARO: I did.
MS. KAWASS: Okay. And that's because you were one of her very good friends?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Now, Agent Sanford and Detective Isom chose not to record this interview, correct? Or not — they decided to take notes?
MS. KAWASS: All right. And that was totally their option — you didn't prohibit them from recording your conversation?
YINDRA VELAZQUEZ MASCARO: I did not.
MS. KAWASS: Okay. And you're aware that they don't even have to tell you that they're recording your conversation?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Because they're the police?
MS. KAWASS: Did they ever ask you to review what they had written down?
YINDRA VELAZQUEZ MASCARO: No, ma'am.
MS. KAWASS: Did they ever ask you to sign anything to say that these were in fact your words of what you were saying to them?
MS. KAWASS: In fact, the first time that you learned that they created a report about this interview was when it was released to the media, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: It was released to the media the same day the state was trying to get copies of Ms. Magbanua's medical records?
MS. KAWASS: Okay. She was still out at that time?
MS. KAWASS: Okay. She was living her life in Miami?
MS. KAWASS: No attempts to flee?
MS. KAWASS: Never packed up to try and leave Miami-Dade County, right?
YINDRA VELAZQUEZ MASCARO: Not that I know.
MS. KAWASS: Even though all of this was all over the media?
MS. KAWASS: All right. Now, when you see this document for the first time ever, that's supposedly your words, did you notice anything that was wrong with it?
MS. KAWASS: What was wrong with it?
YINDRA VELAZQUEZ MASCARO: There was one statement that was on there that stated the amount that was paid and who paid for the breast augmentation, and I had told the detectives that I was actually not aware. I did not know who paid it — if it was Katie, if it was Charlie, if it was half and half. I just, I didn't know precisely what it was.
MS. KAWASS: So you specifically told them, "You don't know — it could have been this, could have been that, I don't know."
MS. KAWASS: Is that what they put in that document?
MS. KAWASS: What did they put in that document?
YINDRA VELAZQUEZ MASCARO: They put in that document that Charlie had paid for it, the breast augmentation, and that was not true.
MS. KAWASS: That's not — now—
MS. KAWASS: —since then, you know, you've taken statements, right? Like a deposition?
MS. KAWASS: Do — can you refer to?
MS. KAWASS: And in that deposition, you brought it to the state's attention that that information was incorrect?
YINDRA VELAZQUEZ MASCARO: I did.
MS. KAWASS: And nothing has been done to correct it?
MS. KAWASS: Let's talk about the other things that they took, that you actually told them back in 2016. Back in 2016, you specifically told them that Katie worked at two different nightclubs, right?
MS. KAWASS: You told them the names of the nightclubs?
YINDRA VELAZQUEZ MASCARO: I did.
MS. KAWASS: Hollywood Live?
MS. KAWASS: And Fate — Club Fate?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: When they took this interview from you, they were physically in Miami-Dade County?
YINDRA VELAZQUEZ MASCARO: They were.
MS. KAWASS: And as far as you knew, in 2016 those businesses were still open and operational?
YINDRA VELAZQUEZ MASCARO: Yes, they were.
MS. KAWASS: So it would have been a good time, probably, for them to go then and there to try to obtain records, right?
MS. KAWASS: You also told them back then in 2016 the name of Katie's best friends, right?
YINDRA VELAZQUEZ MASCARO: I did.
MS. KAWASS: Okay. So you gave them as much information of who you believed would have information about the real life of Katherine Magbanua?
MS. KAWASS: Now, as we said before, when Sigfredo Garcia was arrested — okay, that was May 25th?
MS. KAWASS: Of 2016, right?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: Okay. And when they initially released to the media, it — all it said was that Sigfredo Garcia was arrested for the murder of Dan Markel?
MS. KAWASS: Nothing else? No other details?
MS. KAWASS: It wasn't until June, I believe it was 3rd of 2016, that they released more information and said Luis Rivera was involved?
MS. KAWASS: Then after that, they released to the media these two unsigned affidavits that supposedly lay out Ms. Magbanua's involvement, but don't arrest her?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Okay. Now that's in June. Do you remember in September of that same year, there was even a 20/20 episode, correct?
MS. KAWASS: Now, Ms. Magbanua was free when this 20/20 episode aired?
YINDRA VELAZQUEZ MASCARO: She was.
MS. KAWASS: Okay. And they didn't paint a good picture of her?
YINDRA VELAZQUEZ MASCARO: They did not.
MS. KAWASS: Okay. You're not aware that they made any attempts to try and reach out and interview her, right?
YINDRA VELAZQUEZ MASCARO: Not that I'm aware of.
MS. KAWASS: All right. Do you remember at the end of this episode that they said they received information that Luis Rivera was cooperating?
MS. KAWASS: That was said at the end of it, right?
YINDRA VELAZQUEZ MASCARO: Yes, it was.
MS. KAWASS: And then it ended?
MS. KAWASS: Okay. Katie didn't flee after that?
YINDRA VELAZQUEZ MASCARO: No, ma'am.
MS. KAWASS: She just continued living her life, right?
MS. KAWASS: Until October 1st, when they just pulled up on her after she dropped off her kids?
MS. KAWASS: Okay. Now another thing that you are probably aware of is, isn't it true that Ms. Magbanua was questioned by Ms. Cappleman for hours back in 2019?
YINDRA VELAZQUEZ MASCARO: I heard that, yes.
MS. KAWASS: Okay. So Ms. Cappleman had an opportunity to ask her questions?
MS. KAWASS: And she answered them?
MS. KAWASS: It's not only audio, but it's also on video, right?
MS. KAWASS: And you were really close to Katie around the time when this was going on, right?
MS. KAWASS: You never heard her once mention anything about the homicide?
YINDRA VELAZQUEZ MASCARO: Nothing.
MS. KAWASS: You never heard her once say anything that would even raise the suspicion that she knew that something was going on with this or was involved in this?
YINDRA VELAZQUEZ MASCARO: No, not to me.
MS. KAWASS: And I wanted to also talk to you about the car that you said. Okay, the Lexus, right? In May of 2015, right after the Pacquiao fight, isn't it true that Ms. Magbanua got into an accident in her Mazda?
YINDRA VELAZQUEZ MASCARO: She did.
MS. KAWASS: Mr. Garcia was with her, right?
YINDRA VELAZQUEZ MASCARO: He was.
MS. KAWASS: So now she didn't have a car to drive.
YINDRA VELAZQUEZ MASCARO: She did not.
MS. KAWASS: She told you that Charlie loaned her the Lexus to use in the meantime, right?
MS. KAWASS: Now, you said you didn't know if she paid for it, right?
YINDRA VELAZQUEZ MASCARO: No, I do not.
MS. KAWASS: If there are recordings that would show that, that would be evidence that she paid for it.
MS. KAWASS: If there are text messages referencing that she paid for it, that would be evidence that she paid for it.
MS. KAWASS: Okay. And if there are documents like, I don't know, the transfer title —
MS. KAWASS: — would indicate how much she paid for it, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: All right. One thing the state didn't bring out was — what?
MS. KAWASS: This car.
MS. KAWASS: It wasn't a 2014 Lexus.
YINDRA VELAZQUEZ MASCARO: No, it was a 2001 Lexus with over 150,000 miles on it.
MS. KAWASS: And it kept breaking down.
YINDRA VELAZQUEZ MASCARO: It did.
MS. KAWASS: Even though it's in pristine condition, it's not — like, it was not without problems, right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Ms. Magbanua was arrested in that car, right?
MS. KAWASS: No pictures at the time of her arrest?
MS. KAWASS: Now, you do recall the state actually brought up an incident where you said you remember that you had watched Magbanua's children, and that you remember her saying that Charlie had told her that his brother-in-law had been in a car accident, right?
MS. KAWASS: Okay. Now, let's be clear about something, okay?
MS. KAWASS: You have no idea when that happened.
MS. KAWASS: Okay. You can give a general idea that it was maybe in 2014, maybe in July.
MS. KAWASS: It could have been July 7th, right?
YINDRA VELAZQUEZ MASCARO: I don't know the date, but I know that it was in July.
MS. KAWASS: You know it's in July, but it could be any date in July that that happened.
MS. KAWASS: And what she told you is what Charlie Adelson told her.
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: That as far as she knew, he had been in a car accident.
MS. KAWASS: And nothing else.
MS. KAWASS: Okay. Okay. Your Honor, if I could have a brief moment?
JUDGE WHEELER: Yes.
MS. KAWASS: Now, I think I went over this with you before, but I just want to just make sure it's clear so that there's no confusion. When we say the Pacquiao fight, it's the Pacquiao-Mayweather fight?
MS. KAWASS: And that would have been in May of 2015?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: Okay. And then the other things as it relates to the timelines of the places where she worked, right?
MS. KAWASS: You're certain — because you worked with her at Hollywood Live — of when she worked at Hollywood Live, right. Is it possible that you may be confused on when she worked at Club Fate?
YINDRA VELAZQUEZ MASCARO: It's possible.
MS. KAWASS: It's possible. Okay, no further questions. Thank you, Judge.
JUDGE WHEELER: Okay. Redirect.
MS. DUGAN: All right. So when defense was first asking you questions, they were talking about her getting cash from all these places. You were walking us through the approximate timeline of when you remember her working at these spots, and it was Liquor Promotions and Sophie Dental, then she went to Fate while working at Sophie Dental, then she quit the Liquor Promotions, after she left Fate she went to Hollywood Live, right? Okay, so she's not — you're saying that she's working at these different clubs at different times, not all the same time.
YINDRA VELAZQUEZ MASCARO: Not all the same time, I know.
MS. DUGAN: Okay. Defense asked you about, you know, these world-renowned clubs in Miami Beach where girls can sometimes make a ton of money doing bottle service and things like that. The Hollywood Live that we're talking about — this is — that's not one. I mean, I'm sure it's a really fun place, but that's not one of those clubs, right?
YINDRA VELAZQUEZ MASCARO: No, it's not like a Live or something like that.
MS. DUGAN: Okay. You characterized it as like a local Haitian neighborhood spot.
MS. DUGAN: So, a local's place, and you could make a hundred, two hundred dollars there, sometimes once a month make four or five hundred bucks, you said.
MS. DUGAN: Okay. Um, the —
MS. DUGAN: — picture of Hollywood Live, obviously that's during the day, it's not at night when a nightclub would be, you know, people would be there, but I'm just saying the location of it and how it looks from the outside — does that look the same?
MS. DUGAN: Okay, that's all I was asking. Um, you said Ethan is 14, so then he would have been born in 2008.
MS. DUGAN: Okay, and then Kaylee was born in around 2012.
MS. DUGAN: Okay, so born in 2012, and then —
YINDRA VELAZQUEZ MASCARO: Yes, April 2012, May — May 2012.
MS. DUGAN: Thank you. All right. Um, as far as her insurance, so you're saying that, you know, she needed a job that she could report to get insurance.
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. And she also couldn't get an apartment unless she had verified income, right?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: So she — you're saying she asked Charlie Adelson for a favor, put me on the payroll so I can get an apartment and I can get insurance.
YINDRA VELAZQUEZ MASCARO: I don't know about the apartment. I only know about the insurance.
MS. DUGAN: Okay. And but she never told you that she was actually working for Charlie Adelson or the Adelson Institute.
MS. DUGAN: And is it your understanding that she was put on the payroll of Adelson Institute?
MS. DUGAN: Okay. Um, the timing of when she told you about the car accident — you said it was — you said, you know, that you took care of the kids and she told you that sometime in July of 2014. You can't sit here and tell us — I know the exact date, right?
YINDRA VELAZQUEZ MASCARO: I have a picture.
MS. DUGAN: You have a picture?
MS. DUGAN: Of the what?
YINDRA VELAZQUEZ MASCARO: Of the night that I watched the kids.
MS. DUGAN: Oh, okay.
MS. DUGAN: With you? On?
YINDRA VELAZQUEZ MASCARO: It's on my Facebook.
YINDRA VELAZQUEZ MASCARO: Okay, I'm sorry — it's on my Instagram.
MS. DUGAN: Okay. You do know that it was, you're saying, the next day that she told you about the car accident?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. The police report where you told us about — they, the police, mischaracterized your statement about the breast enhancement?
MS. DUGAN: You said that, and I think you've said that in a prior statement, as defense said, that you basically told the police you don't know whether he paid for half, she paid for half, he paid for all of it, she paid for all of it — you don't know.
YINDRA VELAZQUEZ MASCARO: Yes. I was not aware. You don't know who paid for it.
MS. DUGAN: Those were your words that you said. But they said that this is how much it cost — the six or seven thousand — and she paid half and Charles paid half. That's what they put in their report, and they're wrong about that. You just said you didn't know whether she paid half or he paid half.
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. And you've had a chance to review that statement before — that report — and everything else was correct in it, right?
YINDRA VELAZQUEZ MASCARO: Yes, everything else was correct.
MS. DUGAN: Okay. And I actually didn't even ask you who do you think paid for it, because I know that that wasn't what you said in the past, right?
MS. DUGAN: Okay.
MS. DUGAN: All right, so in that report, though, the defense asked you — nothing was ever said to you that ever raised a suspicion that she was involved in a murder?
MS. DUGAN: In the report, though, it says that when Mascaro heard about Garcia being arrested — when she first read the article about him being arrested — she immediately knew the connection of Magbanua dating Charles Adelson had something to do with it.
YINDRA VELAZQUEZ MASCARO: Well, I knew that the person that had died was a connection to Charles Adelson, and obviously she was dating him. So I didn't know exactly what happened, but I just knew it was somebody that she knew, okay?
MS. DUGAN: But you immediately knew that the connection then had something to do with it?
YINDRA VELAZQUEZ MASCARO: Well, yeah.
MS. DUGAN: Okay, that's all.
JUDGE WHEELER: All right, we can release the witness. You are subject to recall.
MS. DUGAN: If she could just subject to recall for now.
JUDGE WHEELER: Okay, all right.
JUDGE WHEELER: You'll be notified if we need you to testify again, okay?
JUDGE WHEELER: Okay. Okay, we're gonna take our afternoon break right now, and so we'll take 15 minutes and then we'll be back to continue with the testimony. Okay, so about 3:20 we'll resume. All right, Deputy, thank you.
JUDGE WHEELER: All right. Jury's out of the courtroom. The door is closed. We'll be in recess until 3:20.
JUDGE WHEELER: All right. Ms. Cappleman, anything before we bring the jury in?
MS. CAPPLEMAN: Judge, I placed the order for the Spanish translations on your bench. Other than that, nothing.
JUDGE WHEELER: Okay. Anything from the defense?
MS. KAWASS: No, Your Honor.
JUDGE WHEELER: Okay.
MS. DUGAN: Judge, I did want to let you know I gave this Mascara an opportunity to look at her Instagram. There was a pressure recollection about the date that the vintage children spent the night with her before she made the statement about the car accident. So I would like to recall her just for the one question of were you going to look at your Instagram without her pressure recollection. And then we'll move on.
JUDGE WHEELER: All right. Anything from the defense?
MR. DECOSTE: If the government can give us the answer?
MS. DUGAN: July 18th.
JUDGE WHEELER: So we'll bring her back in. You can recall her for that purpose, and then we'll move on.
MS. DUGAN: Yes.
JUDGE WHEELER: Okay. Let's bring the jury in.
JUDGE WHEELER: All right. Please be seated.
JUDGE WHEELER: Okay. Is the State recalling a witness?
MS. DUGAN: State recalls Yindra Mascaro.
JUDGE WHEELER: All right. Miss Mascaro again, please.
JUDGE WHEELER: Miss Mascaro, if you could please retake the witness stand.
JUDGE WHEELER: I'll remind you that you are still sworn and under oath to tell the truth. Okay.
YINDRA VELAZQUEZ MASCARO: Thank you.
JUDGE WHEELER: Please have a seat.
MS. DUGAN: During the break, did you have an opportunity to look at your Instagram you told us about on redirect, to see if it refreshed your recollection about the date that Katherine Magbanua's children spent the night with you in July of 2014?
MS. DUGAN: Okay. And what date was that?
YINDRA VELAZQUEZ MASCARO: July 18th, 2014.
MS. DUGAN: That was the night they spent the night with you?
MS. DUGAN: Okay. And then the next day would have been the day that she made the statement to you that his brother-in-law had been in a car accident?
MS. DUGAN: Okay. That's all.
JUDGE WHEELER: All right. Do you want any recross on that? Okay. Ms.
MS. KAWASS: Ms. Mascaro, you were able to go back on your Instagram account and look at what you posted, right?
MS. KAWASS: Told you the exact day?
MS. KAWASS: There's a record of it?
MS. KAWASS: No further questions, Judge.
JUDGE WHEELER: All right. All right. Thank you, ma'am, you're excused.