2.Yindra Velazquez Mascaro — Direct/Cross/Redirect/Recall
1,502 lines(jury enters the courtroom.)
JUDGE WHEELER: Thank you for your timeliness and your patience. we are ready to continue with the testimony.
And the State may call its next witness.
MS. DUGAN: The State calls Yindra Velazquez Mascaro.
JUDGE WHEELER: MS. Velazquez Mascaro, please.
Good afternoon.
CHRISTOPHER CORBITT: Good afternoon.
JUDGE WHEELER: Could you please come up to the witness stand? Before you have a seat, we're going to swear you in. Please respond to the clerk.
whereupon, YINDRA VELAZQUEZ MASCARO was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE WHEELER: Thank you. Please have a seat.
DIRECT EXAMINATION BY MS. DUGAN:
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 my children -- to one of my children.
MS. DUGAN: And did y'all go to high school together?
YINDRA VELAZQUEZ MASCARO: we did.
MS. DUGAN: Did y'all stay in contact after high school or did y'all lose touch?
YINDRA VELAZQUEZ MASCARO: Not really. We lost touch and then we reconnected.
MS. DUGAN: Do you remember when y'all reconnected?
YINDRA VELAZQUEZ MASCARO: Yes. October, 2011.
MS. DUGAN: Okay. was it -- 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: And then maintained a friendship again after that?
YINDRA VELAZQUEZ MASCARO: That's correct.
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 the 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: And how did she know him?
YINDRA VELAZQUEZ MASCARO: Through Sigfredo.
MS. DUGAN: was she closer to Luis Rivera or 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. 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.
MS. DUGAN: And do 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?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. Do you know the name of the place that -- or, I guess, the 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. At some point, you said she's also working at a dental office. what was the name of that dental office?
YINDRA VELAZQUEZ MASCARO: SOFi Dental.
MS. DUGAN: Is that S-O-F-I?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: 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 SoFi Dental?
YINDRA VELAZQUEZ MASCARO: So around the same time that we reconnected, so the latter part of 2011.
MS. DUGAN: Okay. Just a second.
was she working at SoFi Dental in 2013?
YINDRA VELAZQUEZ MASCARO: Not that I remember, no.
MS. DUGAN: And just a second. (Pause.)
At some point while she was working at SOFi Dental, did she stop doing the liquor promotion?
YINDRA VELAZQUEZ MASCARO: She did. She was only working at SoFi Dental. At one point, she stopped doing the promotions all in total.
MS. DUGAN: And while she was working at SoOFi Dental, did she get a job as a bartender somewhere?
YINDRA VELAZQUEZ MASCARO: She did.
MS. DUGAN: And where was that?
YINDRA VELAZQUEZ MASCARO: Club Fate.
MS. DUGAN: And where is Club Fate?
YINDRA VELAZQUEZ MASCARO: It was in Gulfstream Park in Broward County, Florida.
MS. DUGAN: It's not around anymore?
YINDRA VELAZQUEZ MASCARO: No, I don't think so it's open anymore.
MS. DUGAN: And Gulfstream Park, that's kind of like in between Miami and Fort Lauderdale?
YINDRA VELAZQUEZ MASCARO: Yes. So, it's right before -- it's like Hallandale Beach, which is the break between Miami-Dade County and Broward County in Florida.
MS. DUGAN: Okay. And so while she's working at Fate -- or, I'm sorry, while she's working the SoFi's, she gets this job at Fate?
MS. DUGAN: Okay. 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: Okay. If you could read just Page 44 there to yourself and let me know when you're done.
YINDRA VELAZQUEZ MASCARO: (witness complies.) Okay.
MS. DUGAN: Did that refresh your recollection?
YINDRA VELAZQUEZ MASCARO: Yes, 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 SoFi 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 --
YINDRA VELAZQUEZ MASCARO: Just --
MS. DUGAN: -- back in 2013-ish area?
YINDRA VELAZQUEZ MASCARO: -- just a regular nightclub. Regulars would go there. It was -- you know, Gulfstream Park is really a 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 bartending jin total.
MS. DUGAN: Did she eventually leave Club Fate after a few months?
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, you know, the checks were bouncing. So she was, like, you know, 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 locals 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? Can you describe it?
YINDRA VELAZQUEZ MASCARO: It was a Haitian club, so it was a lot of the Haitian community --
MS. DUGAN: Haitian or --
YINDRA VELAZQUEZ MASCARO: Haitian.
MS. DUGAN: Haitian. Okay.
YINDRA VELAZQUEZ MASCARO: Yes. A lot of the Haitian community would go there. Everybody pretty much knew each other. They had, like, live bands sometimes. They had salsa classes, things like that.
MS. DUGAN: 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: Okay. I've left a couple of items up on the witness stand for you that has been previously shown to the defense. They are 86A through D.
MS. DUGAN: If you could grab them. Those the Google Maps. I just want to ask you about those.
MS. DUGAN: Do you recognize what you see in those pictures?
YINDRA VELAZQUEZ MASCARO: Yes. Yes.
MS. DUGAN: Okay. Are those true and accurate depictions of where Hollywood Live is located and kind of the front of Hollywood Live?
MS. DUGAN: Okay. At this point, I would move in 86A through D.
JUDGE WHEELER: Any objection?
MS. KAWASS: Your Honor, 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 those.
MS. DUGAN: We've previously shown the defense 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 86D, because she has no idea when this picture was taken. I believe it was taken in 2021. It's not a fair and accurate representation.
JUDGE WHEELER: All right. well, 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 and the front of the club.
JUDGE WHEELER: All right. They'll be admitted as State's 86A through D.
(State's Exhibit Nos. 86A - 86D received in evidence.)
MS. DUGAN: I'm also going to ask her about State's 35, which I -- okay.
JUDGE WHEELER: That's already admitted, or not? No?
MS. DUGAN: No, sir.
JUDGE WHEELER: Okay.
BY MS. DUGAN:
MS. DUGAN: Okay. I just want to ask you a couple of questions about Hollywood Live. This is 86A, for the record, and I'm going to zoom out.
All right. Obviously, a map of a part of Florida we are seeing here?
MS. DUGAN: Okay. This is Miami down here?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. And up here, just so we see where we are, this is Fort Lauderdale?
YINDRA VELAZQUEZ MASCARO: Yes, ma'am.
MS. DUGAN: Okay. This little arrow, this is showing where Hollywood Live is located?
MS. DUGAN: You said it's in the town of Hollywood?
MS. DUGAN: And 86B, just a little closer review of where Hollywood Live is here?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: And would this be kind of like looking at the exact street that Hollywood Live is on?
MS. DUGAN: Okay. And just for the record, is it here next to the OM Spot, across from Subway?
MS. DUGAN: Okay. On Highway 820?
MS. DUGAN: And looking at 86D, what do we see here?
YINDRA VELAZQUEZ MASCARO: The front of the club.
MS. DUGAN: 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: 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 are a couple of months, just like in Club Fate.
MS. DUGAN: what was the last part?
YINDRA VELAZQUEZ MASCARO: Just like in Club Fate.
MS. DUGAN: 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 months, I want to say.
MS. DUGAN: Okay. All right. I'm going to show you, for the record, Page 36 of your deposition, Lines 2 through 6.
MS. KAWASS: Your Honor, objection. Improper refreshing or impeachment.
JUDGE WHEELER: Is there a question or what?
MS. DUGAN: I asked her how long Katherine Magbanua worked at Hollywood Live, 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 has answered the question.
MS. DUGAN: Yes, sir. It's impeachment.
MS. KAWASS: The State can't impeach --
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 clear, the State may not impeach their own witness.
MS. DUGAN: We can't call a witness for the sole purpose of impeachment.
JUDGE WHEELER: All right. I'll allow you to show that to her. Make sure that Ms. Kawass knows what page we're dealing with.
MS. DUGAN: Yes, sir. Just looking at Page 36, Lines 2 through 6.
MS. KAWASS: Is that -- I apologize, Judge -- the depo or --
MS. DUGAN: The depo.
MS. KAWASS: Okay. Thank you.
BY MS. DUGAN:
MS. DUGAN: And I know this was a while ago --
MS. DUGAN: -- and you gave another -- right.
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. KAWASS: And, Your Honor, I'll just object to improper impeachment. That's exactly what she testified to.
JUDGE WHEELER: Overruled.
BY MS. DUGAN:
MS. DUGAN: All right. 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.
MS. DUGAN: Just straight-up cash business?
YINDRA VELAZQUEZ MASCARO: Yes. They had my first name and my phone number. That was it.
MS. DUGAN: Okay. 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. I quit right around July. So I only worked there are 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 the date so vividly?
YINDRA VELAZQUEZ MASCARO: Because I found out I was pregnant that day.
MS. DUGAN: Okay. Now, did Katherine 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 Katherine Magbanua quit?
YINDRA VELAZQUEZ MASCARO: About two months.
MS. DUGAN: So, the timeline would have been, she no longer +~works there, about two months passed, you find out 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, I mean.
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, on average?
YINDRA VELAZQUEZ MASCARO: On an average night that it wasn't busy, maybe 100, $200 on that night.
MS. DUGAN: So, an average night, 100 or $200. what about a really good night?
YINDRA VELAZQUEZ MASCARO: Anywhere between 400 and $500.
MS. DUGAN: And was that -- that's what you would make on, like, 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 $500?
YINDRA VELAZQUEZ MASCARO: It wasn't very often. It was like -- unless it was like birthday parties or, like, 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 and it was very busy, those were really the only nights.
MS. DUGAN: Okay. So would that be, like, once a month or less or more?
YINDRA VELAZQUEZ MASCARO: Yeah, probably once or twice a month. It wasn't very often.
MS. DUGAN: Okay. So your average night is 100 to 200; one of your best nights, 400 to 500; and you could do that like once a month; fair?
MS. DUGAN: And how often would Katherine 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 -- I would 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: 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 a dermatologist's office after that?
YINDRA VELAZQUEZ MASCARO: She did.
MS. DUGAN: 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: Charlie Adelson? Okay. And I'll talk to him -- we'll take 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, a couple of months as well.
MS. DUGAN: 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 Optimar Realty.
MS. DUGAN: Okay. So it went, the liquor promotions, SOFi Dental, Fate, Hollywood Live, Broward Dermatology, Optimar Realty?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. DUGAN: And what was she doing at Optimar -- well, 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: Yes, correct.
MS. DUGAN: Okay. And what about at Optimar Realty?
YINDRA VELAZQUEZ MASCARO: She was the assistant to one of the realtors there.
MS. DUGAN: Did she work anywhere between Hollywood Live and Broward Dermatology?
YINDRA VELAZQUEZ MASCARO: I'm not aware.
MS. DUGAN: Okay. How were you paid at Optimar 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 -- or at Optimar Realty with a realtor?
YINDRA VELAZQUEZ MASCARO: She worked there right up until May of 2016.
MS. DUGAN: Okay. 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 of 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: Does that sound familiar?
Okay. And that was, like -- like, 2016 time?
MS. DUGAN: And once he 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: Okay. And "Katie" is that Katherine Magbanua's nickname?
MS. DUGAN: Okay. 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 SoFi 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. He wasn't employed fully for that SoFi 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. So -- and you said -- when did they start dating, around about?
YINDRA VELAZQUEZ MASCARO: 2013, about.
MS. DUGAN: Okay. So, if they started dating at the end of 2013, you're saying then they dated until the end of 2014?
YINDRA VELAZQUEZ MASCARO: Yes, more or less.
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 didn't want to put words in your mouth.
All right. So did you ever meet Charlie Adelson?
YINDRA VELAZQUEZ MASCARO: I did.
MS. DUGAN: Did she bring him around like all of the time or what was that like?
YINDRA VELAZQUEZ MASCARO: No. 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 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 -- they had children together; right?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Okay. Did Katherine Magbanua try to keep Charles Adelson separate, though, from Sigfredo Garcia?
MS. DUGAN: Okay. So they're not all hanging out together or anything like that?
MS. DUGAN: was Sigfredo Garcia jealous of Charlie Adelson?
MS. DUGAN: Did Sigfredo Garcia ever confront Charlie Adelson?
YINDRA VELAZQUEZ MASCARO: I only know of one instance and it wasn't -- you know, he didn't, like, talk to him really. It was --
MS. DUGAN: 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 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 --
YINDRA VELAZQUEZ MASCARO: Correct.
MS. DUGAN: -- Charlie Adelson and Katherine 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?
YINDRA VELAZQUEZ MASCARO: A scene.
MS. DUGAN: Garcia was causing a scene?
MS. DUGAN: Okay. Did she -- 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 was never any direct communication, but it's screaming, yelling, causing a scene, and then they leave?
MS. DUGAN: Now, after that, I guess, like, bout of jealousy, disturbing a scene -- or causing a scene by Garcia, did Katherine Magbanua tell you about something Garcia did that embarrassed her?
MS. DUGAN: Okay. Tell me about that.
YINDRA VELAZQUEZ MASCARO: She told me that he retrieved -- or 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.
MS. DUGAN: He leaves a very nasty voicemail for Charlie's = dad --
YINDRA VELAZQUEZ MASCARO: 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. Do you remember when all of this would have happened?
YINDRA VELAZQUEZ MASCARO: I'm sorry? When what would have happened?
MS. DUGAN: when the -- when he's -- Sigfredo Garcia is blocking the driveway and making a scene?
YINDRA VELAZQUEZ MASCARO: No, I don't recall.
MS. DUGAN: Okay. would it your refresh your recollection to see, what, if anything, you said about when that could have occurred from your deposition?
YINDRA VELAZQUEZ MASCARO: Sure. Yes.
MS. DUGAN: Okay. And, for the record, I'm looking at Page 52 of the deposition, Lines 20 through 22.
BY MS. DUGAN:
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: 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: 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 argumentation?
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 going to cost?
YINDRA VELAZQUEZ MASCARO: She approximated that it would be around six or $7,000. That was her approximate.
MS. DUGAN: Okay. So you don't -- she didn't say, it costs this amount of dollars and this amount of cents, but she thought that it might be about that?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. DUGAN: Okay. Do you know who took care of Katherine Magbanua during her recovery from the breast argumentation?
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 Charlie Adelson's sister wendi Adelson?
YINDRA VELAZQUEZ MASCARO: I have.
MS. DUGAN: And when was that you met her?
YINDRA VELAZQUEZ MASCARO: Father's Day weekend.
MS. DUGAN: Of what year?
YINDRA VELAZQUEZ MASCARO: of 2014.
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 2nd Street, if I'm not mistaken, downstairs by the pool.
MS. DUGAN: Okay. And did I show you earlier what is State's Exhibit 35, I believe, a picture from that day?
YINDRA VELAZQUEZ MASCARO: Yes, ma'am.
MS. DUGAN: Okay. Is that -- is it a true and accurate depiction of what you remember from that day?
MS. DUGAN: Okay. At this point, I would move State's 35 into evidence.
JUDGE WHEELER: Any objection?
MS. KAWASS: No objection, Judge.
JUDGE WHEELER: State's Exhibit 35 is admitted.
(State's Exhibit No. 35 received in evidence.)
MS. DUGAN: Permission to publish?
JUDGE WHEELER: Yes.
BY MS. DUGAN:
MS. DUGAN: And who do we see here?
YINDRA VELAZQUEZ MASCARO: That's myself on the far right, wendi in the middle, and Katie on the left.
MS. DUGAN: Okay. And you said Father's Day of 2014, so that would have been in June of 2014?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. DUGAN: Okay. Do you remember around the time that Katherine Magbanua and Charlie Adelson 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.
YINDRA VELAZQUEZ MASCARO: Oh, I have something here.
MS. DUGAN: Do you have it?
YINDRA VELAZQUEZ MASCARO: Is it this?
MS. DUGAN: Yeah, thank you. I would have been looking all over for it.
JUDGE WHEELER: Hold on one second. Let's make sure. I don't want her reading other portions of it.
MS. DUGAN: Yes, Sir.
JUDGE WHEELER: 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 and --
JUDGE WHEELER: All right. well, she hadn't been -- 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.
BY MS. DUGAN:
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. (witness complies.)
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 or February of 2015.
MS. DUGAN: And from what you were told, who -- or and -- who, if anybody, told you any details of their breakup?
YINDRA VELAZQUEZ MASCARO: There really wasn'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: Uh-huh.
MS. DUGAN: Yes.
MS. KAWASS: I'm going to object at this point, just to improper refresh or impeachment. She hasn't said she doesn't remember that.
JUDGE WHEELER: She's refreshing her recollection.
BY MS. DUGAN:
MS. DUGAN: 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.
MS. DUGAN: Katherine Magbanua broke up with Charlie Adelson?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: Now, you said that would have been January or February of 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.
MS. DUGAN: And 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 TI 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. Did -- 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: I'm showing you what has been premarked as State's 54. Do you recognize the second vehicle in that car --
MS. DUGAN: -- I mean, in that picture?
MS. DUGAN: 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 in really good condition. It was pristine.
MS. DUGAN: when Charlie Adelson gave her that Lexus, who was she in a relationship with at the time?
YINDRA VELAZQUEZ MASCARO: with Sigfredo.
MS. DUGAN: Okay. All right. 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 9th Place.
MS. DUGAN: Maybe 9th Ave?
YINDRA VELAZQUEZ MASCARO: 9th Ave, Biscayne Park.
MS. DUGAN: Okay. All right. 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 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 still 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 you all going to go?
YINDRA VELAZQUEZ MASCARO: we were going to Disney.
MS. DUGAN: And was that going to be a couple of 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. And then y'all ended 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: 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. 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 worked for Adelson Institute or Charlie Adelson?
YINDRA VELAZQUEZ MASCARO: Not in direct in telling me that she was working there, no. 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: Okay. 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: All right. 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 a scene and they had to leave, you had not found out you were pregnant yet?
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?
MS. DUGAN: Yes.
JUDGE WHEELER: 54 has not been admitted into evidence.
MS. DUGAN: At this point, I would ask to admit 54 into evidence and permission to publish.
JUDGE WHEELER: Any objection? 54 admitted into evidence, Ms. Kawass?
MS. KAWASS: Only improper foundation, Judge. I know she identified that as the car, but I don't know the date, the time, whenever that picture was taken.
JUDGE WHEELER: Overruled. It will be admitted in evidence as State's Exhibit 54.
(State's Exhibit No. 54 received in evidence.)
BY MS. DUGAN:
MS. DUGAN: All right. In looking here at 54, which one was the car that you said was the Lexus that Charlie Adelson gave to Katherine Magbanua?
YINDRA VELAZQUEZ MASCARO: The vehicle on the right.
MS. DUGAN: The vehicle on the right here?
YINDRA VELAZQUEZ MASCARO: That one right there.
JUDGE WHEELER: Cross examination.
MS. KAWASS: Thank you, Judge.
CROSS EXAMINATION BY MS. KAWASS:
MS. KAWASS: Afternoon, Ms. Mascaro.
YINDRA VELAZQUEZ MASCARO: Afternoon.
MS. KAWASS: 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 the -- 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 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?
MS. KAWASS: That would be Miami Beach Senior High?
MS. KAWASS: All right. Now, you weren't that close in high school, but you just kind of rekindled your friendship, you said, when you were on your 25th birthday; right?
MS. KAWASS: So, it was after you attended college at Johnson & wales; right?
MS. KAWASS: And Katie actually went to the University of Central Florida; right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: All 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 like that.
MS. KAWASS: Something?
MS. KAWASS: But she did get her degree?
MS. KAWASS: Okay. Now, Katie had two children at the time; right?
MS. KAWASS: All right. And there was her son, Ethan; right?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: 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 -- 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?
MS. DUGAN: Objection to relevance.
JUDGE WHEELER: Overruled.
YINDRA VELAZQUEZ MASCARO: She was a great mom.
BY MS. KAWASS:
MS. KAWASS: Okay. would you describe her as one of the best moms you've ever known?
MS. KAWASS: 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 you -- did you know why Katie broke up with = sigfredo?
YINDRA VELAZQUEZ MASCARO: She'd mentioned, like, there was a lot of drug use and stuff like that that she was not okay with, and she was just --
MS. KAWASS: Okay. Do 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: 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: But it's Katie's mom?
MS. KAWASS: 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?
MS. DUGAN: Objection, speculation.
JUDGE WHEELER: If she knows.
YINDRA VELAZQUEZ MASCARO: Interview who? I'm sorry?
BY MS. KAWASS:
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 and around the same vicinity, or up north, like where Charlie lives?
MS. KAWASS: All 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 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. And -- now, you were 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. 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 firsthand 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 had 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 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, you -- 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?
MS. KAWASS: So it's like a bottle of Patrén would probably cost $1,000?
YINDRA VELAZQUEZ MASCARO: well, not 1,000.
MS. KAWASS: Not 1,000 --
MS. KAWASS: -- but something along -- 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; right?
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: I'm not even talking about where you guys worked.
MS. KAWASS: 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 -- okay.
MS. KAWASS: And I am referring, Court and Counsel, to what's been admitted into evidence as State's Exhibit 86D.
BY MS. KAWASS:
MS. KAWASS: This photograph right here, okay, let's talk about some obvious things first; right? That's in the daytime; right?
MS. KAWASS: You have no idea when this picture was taken?
MS. KAWASS: would it surprise you that it was taken during the pandemic?
MS. DUGAN: Objection as to relevance as to what would surprise her.
JUDGE WHEELER: Overruled. You can --
BY MS. KAWASS:
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 would 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 she -- not only did she not want that around her, but, more importantly, she didn't want that around her kids?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: She was not happy that he was living a bachelor lifestyle; right?
YINDRA VELAZQUEZ MASCARO: Correct.
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.
MS. KAWASS: Stefanie Carmona?
YINDRA VELAZQUEZ MASCARO: I don't know her real name.
MS. KAWASS: But that's Shrimp.
YINDRA VELAZQUEZ MASCARO: I just knew her as Shrimp.
MS. KAWASS: Okay.
MS. KAWASS: And she also was heavily using cocaine?
MS. KAWASS: Now, you also know Luis Rivera?
MS. KAWASS: Now, as you said, you were not that close with him, 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?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Okay. How many siblings does he have?
YINDRA VELAZQUEZ MASCARO: I believe he has four other siblings, if I'm not mistaken.
MS. KAWASS: Okay. And he's very, very close to his sister Maria Rivera; right?
MS. KAWASS: 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 --
MS. KAWASS: -- if they were having a conversation on the phone?
MS. KAWASS: And especially, too, if she's broken up with Sigfredo at the time, there really is no reason, unless she's looking for Sigfredo Garcia, to call him?
MS. KAWASS: 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 --
MS. DUGAN: Objection to disparaging counsel.
JUDGE WHEELER: JI don't know what the question is. Ask the question.
MS. KAWASS: I just said they were trying to pigeonhole timeframes, okay, truncate --
JUDGE WHEELER: Okay. You can continue.
BY MS. KAWASS:
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 would agree with me, we're talking about something in 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 Live 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, let's 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.
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: So when you testified on direct as to certain timeframes, 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, when you -- around this time, how old was Ethan? was he still a toddler?
YINDRA VELAZQUEZ MASCARO: Not a toddler, but --
MS. KAWASS: I may be saying that wrong. I mean, I don't know where toddler ends.
YINDRA VELAZQUEZ MASCARO: He wasn't that small.
MS. KAWASS: Okay.
YINDRA VELAZQUEZ MASCARO: Because now Ethan is going to be, if I'm not mistaken, 15, maybe.
MS. KAWASS: So we could say like about seven-ish --
YINDRA VELAZQUEZ MASCARO: Yeah. Yes.
MS. KAWASS: -- around that time? But still a very young child?
MS. KAWASS: Okay. Now, her daughter Kaylee, though, was a baby --
YINDRA VELAZQUEZ MASCARO: Yes, she was a baby.
MS. KAWASS: -- a toddler?
All right. Now, this is not a situation where Ms. Magbanua could go whenever she wanted and go spend the night at her boyfriend's house; right?
MS. KAWASS: Because she had to take care of her kids?
MS. KAWASS: 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 Katherine 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 non-committal 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 wanted to marry him?
MS. KAWASS: And would it be fair to say that Charlie was kind of almost like a rebound --
MS. KAWASS: -- from Sigfredo?
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 is 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 blowup breakup?
MS. KAWASS: So we can't really pinpoint the date that it occurred?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: If there was, let's say, a text message from Katherine to Sigfredo (sic) 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?
MS. KAWASS: I'm sorry, 2014?
MS. KAWASS: 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 had seen before?
MS. KAWASS: And she had no problem remaining friends with him?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: It would 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: All right. Now -- now in October of 2014 --
MS. KAWASS: -- is when Katie got her breast reduction -- breast enhancement surgery? Sorry?
MS. KAWASS: And her medical records would be a fair representation of when that occurred?
MS. KAWASS: And, also, too, if there's any pictures that showed the before and after, you can kind of tell?
MS. KAWASS: 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?
MS. KAWASS: 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, dentist, 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.
MS. KAWASS: I mean, according to his advertising?
MS. KAWASS: 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?
MS. KAWASS: She can't lift anything?
MS. KAWASS: 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.
MS. KAWASS: The father?
YINDRA VELAZQUEZ MASCARO: The father, yes.
MS. KAWASS: 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?
MS. KAWASS: Everyone knew, including Sigfredo?
MS. KAWASS: And he did not like that Katie, the mother of his children, was dating another man?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Now, even though they're broken up and he's doing whatever he wants to do, it's just -- didn't like that his mother was seeing another -- 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?
YINDRA VELAZQUEZ MASCARO: At all.
MS. KAWASS: 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 do not.
MS. KAWASS: All right. Now, she also told you that she stopped dating Charlie --
MS. DUGAN: Your Honor, I would object to hearsay.
JUDGE WHEELER: well --
MS. KAWASS: And, Your Honor --
JUDGE WHEELER: what was your question? State it again.
MS. KAWASS: That she told -- that Katie told them that she stopped dating Charles because she did want problems to arise from her being with Charlie.
JUDGE WHEELER: All right. tI'11 allow that.
BY MS. KAWASS:
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?
YINDRA VELAZQUEZ MASCARO: which vehicle -- whose vehicle? I'm sorry.
MS. KAWASS: That they were in? They were in the Lexus; right?
MS. KAWASS: Katie?
MS. KAWASS: Katie and Charlie were in the Lexus?
MS. KAWASS: And Sigfredo pulls up out of nowhere, blocks them 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. Now, it was in, 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?
YINDRA VELAZQUEZ MASCARO: In 2015, yes.
MS. KAWASS: In 2015. 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 of your friends and everyone could watch the fight together?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: And you were there?
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?
YINDRA VELAZQUEZ MASCARO: Jessica.
MS. KAWASS: She's one of them, right?
YINDRA VELAZQUEZ MASCARO: She's one of them.
MS. KAWASS: Because he has several?
YINDRA VELAZQUEZ MASCARO: He does.
MS. KAWASS: 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: All right. So, she would probably know a lot about this case, too?
MS. DUGAN: Objection to speculation.
JUDGE WHEELER: Overruled.
YINDRA VELAZQUEZ MASCARO: I'm not sure. =BY MS. KAWASS:
MS. KAWASS: All right. Now, right after that is when Luis Rivera gets indicted by the federal government for racketeering?
MS. KAWASS: All of you heard about that?
YINDRA VELAZQUEZ MASCARO: Everybody.
MS. KAWASS: Was it just all over? was it on the news or this is just something that kind of 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 was not the best guy out there. So, you know, it was one of those things that she was just like, well, it's going to 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?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: Everyone kind of saw it coming?
MS. KAWASS: And Sigfredo 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 codefendant 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 our mutual friends.
MS. KAWASS: Okay.
YINDRA VELAZQUEZ MASCARO: It was her baby shower.
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, like, 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. Magbanua, she also had day jobs, too; right?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. KAWASS: She was working at SOFi 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 Optimar Realty; right?
MS. KAWASS: And this was around the time of May of 2016; correct?
MS. KAWASS: This is around the time where you now learned that there are wire intercepts?
MS. KAWASS: You're on one of wire intercepts; aren't you?
YINDRA VELAZQUEZ MASCARO: Yes, I'm pretty sure I am.
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 a 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 Charles 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 show to get insurance for her kids.
MS. KAWASS: Okay. 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 would agree with me your memory back then would be way better than it is now?
MS. KAWASS: All right. They first came and spoke to you on June 28th of 2016; right?
YINDRA VELAZQUEZ MASCARO: That sounds about right, yes.
MS. KAWASS: All right. 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 --
YINDRA VELAZQUEZ MASCARO: Everywhere.
MS. KAWASS: -- Sigfredo Garcia's arrest?
YINDRA VELAZQUEZ MASCARO: Everywhere.
MS. KAWASS: Everywhere?
MS. KAWASS: Facebook? Everywhere?
YINDRA VELAZQUEZ MASCARO: Everywhere.
MS. KAWASS: Isn't it true that also a 24-paged 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-paged document?
MS. KAWASS: And it basically laid out this whole theory of 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 secret at all --
MS. KAWASS: -- that the -- 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?
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?
YINDRA VELAZQUEZ MASCARO: They did not.
MS. KAWASS: 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 a 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, my words of what I was saying to you?
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: That's 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 get -- leave Miami-Dade County; right?
YINDRA VELAZQUEZ MASCARO: Not that I know of.
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 argumentation. 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 the breast argumentation.
MS. KAWASS: And that was not true?
YINDRA VELAZQUEZ MASCARO: That's not true.
MS. KAWASS: Now, since then, you know, you've taken statements; right? Like the deposition that Ms. Dugan --
MS. KAWASS: -- referred to?
MS. KAWASS: And in that deposition, you brought it to the State's attention that that information was incorrect?
MS. KAWASS: And nothing has been done to correct it?
MS. KAWASS: Let's talk about the other things that they -- 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?
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?
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 the media, it -- all said it said was that Sigfredo Garcia was arrested for the murder of Dan Markel?
MS. KAWASS: Nothing else? No other details?
MS. KAWASS: All right. It wasn't until June, I believe it was, the 3rd of 2016, that they released more information and said Luis Rivera was involved?
MS. KAWASS: Okay. 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: 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 the 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'd 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 a homicide?
YINDRA VELAZQUEZ MASCARO: Nothing.
MS. KAWASS: You never heard her once say anything that would even raise a 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 --
MS. KAWASS: -- 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 were 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 -- this car, it wasn't a 2014 Lexus?
MS. KAWASS: 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, you know, 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? Nothing?
MS. KAWASS: Now, you do recall the State actually brought up an incident where you said you remember that you had watched Ms. 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. 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 --
MS. KAWASS: -- but it could be any date in July that that happened?
MS. KAWASS: And what she told you is what Charles 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. Your Honor, if I could have a brief moment?
JUDGE WHEELER: Yes.
BY MS. KAWASS:
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?
YINDRA VELAZQUEZ MASCARO: Correct.
MS. KAWASS: 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.
MS. KAWASS: No further questions. Thank you, Judge.
JUDGE WHEELER: Okay. Redirect?
MS. DUGAN: Yes, sir.
REDIRECT EXAMINATION BY MS. DUGAN:
MS. DUGAN: All right. So, when defense was first asking you questions they were talking about her getting cash from all of 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 SoFi Dental, then she went to Fate, while working at SoFi Dental. Then, she quit the liquor promotions. After she left Fate, she went to Hollywood Live. Right?
MS. DUGAN: 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 at the same time, no.
MS. DUGAN: Defense asked you about, you know, these, you know, 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, that's not one -- I mean, I'm sure it's a really fun place, but that's not one of those clubs; right?
MS. DUGAN: Okay.
YINDRA VELAZQUEZ MASCARO: It's like a LIV or something like that.
MS. DUGAN: Okay. You characterized it as like a local Haitian neighborhood spot?
YINDRA VELAZQUEZ MASCARO: Yes, it's a locals place.
MS. DUGAN: And you could make 100, $200 there, sometimes once a month make 400 or 500 bucks, you said?
MS. DUGAN: Okay. The 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.
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: So, born in 2012, then?
MS. DUGAN: April, 2012?
MS. DUGAN: May, 2012. Thank you.
All right. 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. So -- 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 Charles 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 Charles Adelson or the Adelson Institute?
MS. DUGAN: Okay. And is it your understanding that she was put on the payroll of Adelson Institute?
MS. DUGAN: Okay. 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 some time 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 you?
YINDRA VELAZQUEZ MASCARO: On my Facebook.
MS. DUGAN: Okay.
YINDRA VELAZQUEZ MASCARO: 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 --
MS. DUGAN: -- 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.
MS. DUGAN: You don't know who paid for it.
YINDRA VELAZQUEZ MASCARO: I don't.
MS. DUGAN: Those were your words that you said?
MS. DUGAN: But they said that, this is how much it costs, the six or 7,000, and she paid half and Charles Adelson paid half --
MS. DUGAN: -- that's what they put in their report?
And they're wrong about that. You just said you didn't know whether --
YINDRA VELAZQUEZ MASCARO: I didn't know.
MS. DUGAN: -- she paid half or he paid or who paid?
YINDRA VELAZQUEZ MASCARO: That's correct.
MS. DUGAN: And you 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: All right. So, in that report, though, the defense say -- 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, you know, exactly what happened, but I just knew it was somebody that she knew.
MS. DUGAN: Okay. 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 or subject to recall?
MS. DUGAN: If she could just -- subject to recall for now, yes, sir.
JUDGE WHEELER: Okay. All right. You'll be notified if you need to testify again. Okay?
YINDRA VELAZQUEZ MASCARO: Okay. Like today or --
JUDGE WHEELER: No, they will give you a call. You can go about your business.
YINDRA VELAZQUEZ MASCARO: Okay. Thank you very much.
JUDGE WHEELER: Okay. we're going to 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. Thank you.
(Jurors exits the courtroom.)
JUDGE WHEELER: All right. The jury is out of the courtroom, the door is closed. we'll be in recess until 3:20.
(Recess taken.)
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. Ms. Cappleman showed jit to us.
MS. DUGAN: Judge, I did want to let you know, I gave Ms. Mascaro an opportunity to look at her Instagram to refresh her recollection about the date that the Defendant's children spent the night with her before she made the statement about the car accident. And so I would like to recall her just for the one question of: were you able to look at your Instagram, did that refresh your recollection, what was the date, and then we'll move on to the next witness.
JUDGE WHEELER: All right.
MR. DECOSTE: And if the government can give us the answer.
MS. DUGAN: July 18th of 2014.
JUDGE WHEELER: ATl right. So we'll bring her back in, you can recall her for that purpose, and then we'll move on.
MS. DUGAN: Yes, sir.
JUDGE WHEELER: Okay. Let's bring the jury in.
(Jury enters the courtroom.)
JUDGE WHEELER: Okay. Is the State recalling a witness?
MS. DUGAN: State recalls Yindra Mascaro.
JUDGE WHEELER: All right. Ms. Mascaro again, please.
whereupon, YINDRA VELAZQUEZ MASCARO was recalled as a witness, having been previously duly sworn, was examined and testified as follows:
JUDGE WHEELER: Ms. Mascaro, if you would please retake the witness stand. I will remind you that you are still sworn and under oath to tell the truth. Okay?
JUDGE WHEELER: Please have a seat.
DIRECT EXAMINATION BY MS. DUGAN:
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: And what date was that?
YINDRA VELAZQUEZ MASCARO: July 18th of 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: That's all.
JUDGE WHEELER: All right. Do you want any recross on that?
MS. KAWASS: Brief recross, Your Honor.
JUDGE WHEELER: Okay.
CROSS EXAMINATION BY MS. KAWASS:
MS. KAWASS: Ms. Mascaro --
MS. KAWASS: -- 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: ATl right. All right.
Thank you, ma'am. You're excused.
State may call its next witness.