Day 5 - May 24, 2022

Pre-Testimony Motions: Exhibit 100 Ruling and Crawford Challenge to Adelson Wiretaps

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The court admitted Exhibit 100 and denied the defense's Crawford challenge to Adelson wiretap calls.

Elizabeth Richey - Direct Elizabeth Richey Georgia Cappleman

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Firearms analyst Elizabeth Richey testified that two recovered projectiles were fired from the same firearm and were consistent with a revolver using .38 Special or .357 Magnum cartridges.

Elizabeth Richey - Cross Elizabeth Richey Tara Kawass

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Richey said a recovered firearm could potentially be compared with bullets from this case or other crimes.

Highlights

Pre-Testimony Motions: Exhibit 100 Ruling and Crawford Challenge to Adelson WiretapsrulingThe court admitted State's Exhibit 100, finding it was not offered for the truth of the matter asserted, and allowed it to be played for the jury.Pre-Testimony Motions: Exhibit 100 Ruling and Crawford Challenge to Adelson Wiretaps“I'm going to rule that it is admissible. It's not offered for the truth of the matter asserted.”— Robert R. WheelerThe court's ruling admitted Exhibit 100 on a non-hearsay basis.Elizabeth Richey - Directtestimony highlightRichey testified that the two projectiles identified as State's Exhibits 125 and 126 were fired from the same firearm.

Jessica Rodriguez - Direct Jessica Rodriguez Georgia Cappleman

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Jessica Rodriguez described Rivera and Garcia leaving town, a later package delivery involving Garcia and Magbanua, and a prior deposition statement about Magbanua's knowledge of Garcia's conduct.

Jessica Rodriguez - Cross Jessica Rodriguez Tara Kawass

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Defense questioned Jessica Rodriguez about her delayed package-delivery account, prior statements, and relationship with Luis Rivera.

Jessica Rodriguez - Redirect Jessica Rodriguez Georgia Cappleman

77 lines

Rodriguez denied lying for Rivera or knowing the package delivery's significance before police contacted her, then clarified the delivery's location and her exchange with Magbanua about the bag.

Midmorning Recess and Trooper Downing Logistics Note

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Mary Hull - Direct Mary Hull Sarah Kathryn Dugan

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Financial investigator Mary Hull presented bank-record and employment analyses, including Magbanua's cash deposits, Adelson Institute checks, and Rivera's changing cash-withdrawal pattern.

Lunch Recess and Exhibit Preview — FBI Undercover Bump Calls

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The court recessed for lunch, then deferred review of two proposed undercover-call exhibits pending receipt of the audio and later argument over their purpose and relevance.

Mary Hull - Cross Mary Hull Christopher DeCoste

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Hull said her bank-record analysis could not identify cash sources; the court allowed Lexus-message questioning and admitted a defense bank-statement exhibit.

1 sidebar inside this proceeding

Messages Used to Challenge WitnessCounsel disputed whether a witness who had testified about bank and employment records could be questioned about reviewed messages concerning a vehicle-registration exchange.

Mary Hull - Redirect Mary Hull Sarah Kathryn Dugan

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Hull clarified revisions to her financial timeline and tax-record review; the court barred a proposed question about Donna Adelson's Fifth Amendment rights.

1 sidebar inside this proceeding

Witness Fifth Amendment ReferenceCounsel disputed a suggestion that a prospective witness had invoked the Fifth Amendment and requested a curative instruction.

Highlights

Mary Hull - Directtestimony highlightHull testified that cash deposits totaled $15,600 in the 12 months before Dan Markel's murder and $44,963 in the 12 months afterward. She said the employment chart showed no listed employment during the August 2014 cash-deposit peak.Mary Hull - Cross“I can only analyze the data that's in the bank statement.”— Mary HullHull stated the central limitation of her financial analysis.

Oscar Jimenez Jr. - Direct Oscar Jimenez Jr. Georgia Cappleman

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FBI agent Oscar Jimenez Jr. described an undercover encounter with Donna Adelson; the court admitted the flyer and recordings of that encounter.

Oscar Jimenez Jr. - Cross Oscar Jimenez Jr. Christopher DeCoste

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Jimenez agreed the FBI did not preserve an exact copy of the document given to Donna Adelson and said the undercover bump was designed to activate the wire.

Oscar Jimenez Jr. - Redirect Oscar Jimenez Jr. Georgia Cappleman

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Jimenez confirmed his FBI report recorded the undercover phone number and, he believed, the $5,000 amount on the paper.

Afternoon Recess and Defense Notice of Unresponsive Subpoenaed Witness

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Highlights

Oscar Jimenez Jr. - Directevidence eventThe court admitted State's Exhibits 112 and 113, and the combined recording of the undercover encounter was published to the jury.

Louis Bronstein - Direct Louis Bronstein Georgia Cappleman

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FBI agent Louis Bronstein authenticated recordings of a Dolce Vita surveillance meeting between Charlie Adelson and Katherine Magbanua; State's Exhibit 114 was admitted.

Louis Bronstein - Cross Louis Bronstein Christopher DeCoste

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Bronstein said his assessment at Dolce Vita was limited to seeing Magbanua engaged in conversation with Charlie Adelson.

James Keith McElveen - Direct James Keith McElveen Georgia Cappleman

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Forensic engineer James Keith McElveen described enhancing a noisy restaurant recording and testified that the process could not alter its content; the court admitted State's Exhibit 115.

James Keith McElveen - Cross James Keith McElveen Christopher DeCoste

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McElveen said the later audio work was not rushed and qualified the precision of his recording-setup assessments.

James Keith McElveen - Redirect James Keith McElveen Georgia Cappleman

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McElveen verified that the combined restaurant-video exhibit used his final enhanced audio and was synchronized with the video.

Exhibit Mix-Up Corrected: Dolce Vita Recordings 114 and 116 Clarified Out of Jury

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The court corrected a swap between Dolce Vita Exhibits 114 and 116, obtained a proffer identifying Exhibit 116, and directed the State to recall Bronstein to establish Exhibit 114.

James Keith McElveen - Redirect (Continued) James Keith McElveen Georgia Cappleman

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McElveen authenticated the combined audio-video Exhibit 116, which the court admitted; he distinguished it from the audio-only Exhibit 115.

Highlights

James Keith McElveen - Redirect (Continued)evidence eventAfter McElveen confirmed that Exhibit 116 contained his best-effort audio with the video from the other device, the court admitted the exhibit without a new objection.

Louis Bronstein - Direct (Recall) Louis Bronstein Georgia Cappleman

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Patrick Sanford - Direct (Part 1) Patrick Sanford Georgia Cappleman

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FBI agent Patrick Sanford described investigative follow-up, surveillance, and wiretap calls involving the Adelsons and Katherine Magbanua; the court admitted State's Exhibits 99 and 53.

Jury Sent Home — End-of-Day Housekeeping

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The court sealed jail calls provided during trial, addressed language used before the jury, and discussed the projected schedule for the remaining evidence and closings.

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Jury Sequestration and Deliberation Schedule

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The court discussed accommodating two jurors' Thursday graduation commitments and whether the jury should be sequestered during deliberations.