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Magbanua Retrial transcript transcript Jessica Rodriguez — Direct/Cross/Redirect - Day 5 - Magbanua Retrial Jessica Rodriguez — Luis Rivera's ex-girlfriend and mother of his child — completes her examination across direct, cross, and redirect. Her testimony centers on a suspicious package Garcia and Magbanua brought to her Miami apartment in summer 2014, and a 2019 deposition statement that Magbanua "knew everything that Tuto did when it came to bad stuff." The defense challenges the late disclosure of the package incident and prior inconsistent statements about when it occurred and who was present. A midmorning recess follows, with a brief colloquy about the defense's difficulty reaching a subpoenaed FHP trooper. Georgia CapplemanChristopher DeCosteTara KawassRobert R. WheelerJessica RodriguezMs. CapplemanJudge WheelerJessica RodriguezMs. KawassMr. DeCostedirectcrossredirectprocedural
Magbanua Retrial / Day 5 / May 24, 2022
7 pages · 7 witnesses · 3,801 lines
Jessica Rodriguez — Luis Rivera's ex-girlfriend and mother of his child — completes her examination across direct, cross, and redirect. Her testimony centers on a suspicious package Garcia and Magbanua brought to her Miami apartment in summer 2014, and a 2019 deposition statement that Magbanua "knew everything that Tuto did when it came to bad stuff." The defense challenges the late disclosure of the package incident and prior inconsistent statements about when it occurred and who was present. A midmorning recess follows, with a brief colloquy about the defense's difficulty reaching a subpoenaed FHP trooper.
Proceedings
Direct Jessica Rodriguez - Direct Line 1
Cross Jessica Rodriguez - Cross Line 273
Redirect Jessica Rodriguez - Redirect Line 909
Procedural Midmorning Recess and Trooper Downing Logistics Note Line 980
1 48:09

MS. CAPPLEMAN: State will call its next witness, Jessica Rodriguez, please.

2 49:00

JUDGE WHEELER: Good morning.

3 49:05

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

4 49:44

JESSICA RODRIGUEZ: Good morning. I'm Jessica Rodriguez. J-E-S-S-I-C-A, R-O-D-R-I-G-U-E-Z.

5 49:51

MS. CAPPLEMAN: Where do you live, Ms. Rodriguez?

6 49:53

JESSICA RODRIGUEZ: I'm currently in New Port Richey.

7 49:54

MS. CAPPLEMAN: All right, and are you employed?

8 49:56
9 49:57

MS. CAPPLEMAN: How are you employed?

10 49:58

JESSICA RODRIGUEZ: I'm a nail technician.

11 49:58

MS. CAPPLEMAN: Technician. How long have you been working as a nail tech?

12 50:01

JESSICA RODRIGUEZ: Since I was 15.

13 50:03

MS. CAPPLEMAN: All right. And have you ever been convicted of a felony?

14 50:05

JESSICA RODRIGUEZ: Yes, I have.

15 50:06

MS. CAPPLEMAN: How many?

16 50:08

JESSICA RODRIGUEZ: Three, to my knowledge.

17 50:09

MS. CAPPLEMAN: All right. Do you know the defendant in this case, Katherine Magbanua?

18 50:12

JESSICA RODRIGUEZ: Yes, I do.

19 50:13

MS. CAPPLEMAN: How do you know her?

20 50:14

JESSICA RODRIGUEZ: She was Tuto's wife. A friend.

21 50:18

MS. CAPPLEMAN: Who's Tuto?

22 50:19
23 50:20

MS. CAPPLEMAN: Sigfredo Garcia?

24 50:21
25 50:21

MS. CAPPLEMAN: All right. And you knew her as his wife?

26 50:24
27 50:24

MS. CAPPLEMAN: Do you know whether they were legally married?

28 50:26

JESSICA RODRIGUEZ: Not to my knowledge.

29 50:28

MS. CAPPLEMAN: Meaning they were not, or you just don't know?

30 50:30

JESSICA RODRIGUEZ: I don't know.

31 50:31

MS. CAPPLEMAN: Okay, but they were always together, husband and wife, or lived together as husband and wife?

32 50:35
33 50:36

MS. CAPPLEMAN: Okay. And that was during the time that you were friends with them?

34 50:38
35 50:39

MS. CAPPLEMAN: When did you become friends with them?

36 50:41

JESSICA RODRIGUEZ: Um, basically the whole relationship that I have with Rivera. Um, later on, once I got pregnant, I started being around more.

37 50:51

MS. CAPPLEMAN: How do you know Rivera?

38 50:53

JESSICA RODRIGUEZ: He's the father of my daughter.

39 50:55

MS. CAPPLEMAN: That's Luis Rivera?

40 50:56
41 50:57

MS. CAPPLEMAN: Okay. And so you said around the time that you became pregnant, what year was that?

42 51:03
43 51:04

MS. CAPPLEMAN: All right, that's when you became good friends with—

44 51:07

JESSICA RODRIGUEZ: More with her being around, yes.

45 51:07

MS. CAPPLEMAN: All right. And what about Sigfredo Garcia? Was it the same with him?

46 51:08

JESSICA RODRIGUEZ: No. I've known him as long as I've known Rivera.

47 51:15

MS. CAPPLEMAN: Rivera. How long is that?

48 51:17

JESSICA RODRIGUEZ: About 12 years.

49 51:18

MS. CAPPLEMAN: All right. So you've been friends with Garcia much longer than Katherine Magbanua?

50 51:25
51 51:25

MS. CAPPLEMAN: Okay. Did you know her longer than that before, you—

52 51:28
53 51:29

MS. CAPPLEMAN: Okay. So you just became friends with her in 2013?

54 51:31
55 51:33

MS. CAPPLEMAN: Okay. Were you close friends around the time that you were pregnant in 2013?

56 51:37

JESSICA RODRIGUEZ: To my knowledge, I thought I was, yes.

57 51:39

MS. CAPPLEMAN: All right. And did you remain friendly with her up until, I guess, kind of 2015, 2016?

58 51:39

JESSICA RODRIGUEZ: Correct. Yes.

59 51:39

JESSICA RODRIGUEZ: Well, I seen in the news what happened with Garcia, with his arrest, and wherever Rivera was, Garcia was. Always. So with everything going on, I called to find out — like, for her to let me know if she knew anything. I thought it had something to do with a federal case from Rivera prior. And never answered. Said she'd call me back. Never called me back. Then I get a response — um, a call back from—

60 51:39

MS. CAPPLEMAN: And what was the falling out about?

61 51:39

MS. CAPPLEMAN: All right, don't tell us what the response is, but basically associated with you being in the dark on this case—

62 51:46
63 51:46

MS. CAPPLEMAN: —is how y'all fell out?

64 51:47
65 51:47

MS. CAPPLEMAN: Okay. And I want to ask you a little bit more about Mr. Rivera. Uh, does he have a nickname?

66 51:48
67 51:48

MS. CAPPLEMAN: What does he go by?

68 51:48
69 51:48

MS. CAPPLEMAN: All right. And I want to ask you specifically about an incident that occurred. Um, and I know you don't know the exact date, but was there a time when you were living with Mr. Rivera in Miami at 16th Ave and 135th Street?

70 51:49
71 51:49

MS. CAPPLEMAN: All right. And was there a time— well, let me ask you a little bit about that place. Is that like a — can you describe what kind of place that was? What kind of residence?

72 51:49

JESSICA RODRIGUEZ: Um, it's an apartment building.

73 51:49

MS. CAPPLEMAN: Would you describe it as a lavish apartment building?

74 51:49
75 51:49

MS. CAPPLEMAN: When you were living with Mr. Rivera as a family, did you — did you have a lot of money?

76 51:49
77 51:49

MS. CAPPLEMAN: Did you— were you working as a nail tech at that time?

78 51:49

JESSICA RODRIGUEZ: Yes, I always worked.

79 51:49

MS. CAPPLEMAN: All right. And was he employed with Coastal Masonry during the time you were together?

80 51:49
81 51:49

MS. CAPPLEMAN: Let me get my question out first. Sorry.

82 51:49

JESSICA RODRIGUEZ: It's okay.

83 51:49

MS. CAPPLEMAN: All right. So you were both working. Was money a problem or not a problem?

84 51:49

JESSICA RODRIGUEZ: Yes, it was a problem.

85 51:49

MS. CAPPLEMAN: Okay. Because we've heard some information about Mr. Rivera dealing drugs, and I wondered if it was a situation where you were, you know, living in this palace as drug lords with servants and all that kind of thing. Was it like that?

86 51:49
87 53:57

MS. CAPPLEMAN: Did Mr. Rivera keep his money in the bank?

88 53:59
89 54:00

MS. CAPPLEMAN: Okay. What about his— um, did he have a bank account at all?

90 54:05

JESSICA RODRIGUEZ: Yes, he did.

91 54:06

MS. CAPPLEMAN: All right. What was the purpose of the bank account?

92 54:07

JESSICA RODRIGUEZ: Um, for his direct deposits from his job.

93 54:10

MS. CAPPLEMAN: Okay. So he did keep at least the paycheck in the bank for some period of time?

94 54:14
95 54:14

MS. CAPPLEMAN: Did Mr. Rivera have any connection to Tallahassee that you know of before this?

96 54:14
97 54:30

MS. CAPPLEMAN: How would you describe the relationship between Luis Rivera and Sigfredo Garcia?

98 54:36

JESSICA RODRIGUEZ: Brothers. Inseparable.

99 54:39

MS. CAPPLEMAN: What about the relationship between Sigfredo Garcia and Katherine Magbanua?

100 54:47
101 54:48

JESSICA RODRIGUEZ: They would on and off a lot.

102 54:52

MS. CAPPLEMAN: And do you know who Charlie Adelson is?

103 54:57

JESSICA RODRIGUEZ: Now, yes.

104 54:58

MS. CAPPLEMAN: Okay. What about back at the time of this case, the events we're here about? Did you know his name at that time?

105 55:04

JESSICA RODRIGUEZ: No, I didn't know him by his name.

106 55:06

MS. CAPPLEMAN: Did you know that Katherine Magbanua was seeing a dentist?

107 55:08
108 55:09

MS. CAPPLEMAN: Were you familiar with Sigfredo Garcia's feelings about her seeing the dentist?

109 55:13
110 55:13

MS. CAPPLEMAN: How did he feel about it?

111 55:15

JESSICA RODRIGUEZ: Um, he didn't like it, but they were separated and he was in a different relationship.

112 55:20

MS. CAPPLEMAN: Who was he in a relationship with?

113 55:22

JESSICA RODRIGUEZ: With Shrimp.

114 55:23

MS. CAPPLEMAN: All right. And is that — do you know her real name?

115 55:25

JESSICA RODRIGUEZ: No, I don't.

116 55:32

MS. CAPPLEMAN: Okay. How did, if you know, how did Katherine Magbanua feel about Garcia's relationship with Shrimp?

117 55:36

JESSICA RODRIGUEZ: Oh, she hated it.

118 55:37

MS. CAPPLEMAN: Okay. So they had moved on, but they were both mad about who the other one was dating?

119 55:41
120 55:42

MS. CAPPLEMAN: All right. Um, did you — were you ever told by Luis Rivera or anyone else back around the time of these events that Luis Rivera was hired to be involved in a murder?

121 55:54
122 55:54

MS. CAPPLEMAN: So he did not confide that information in you?

123 55:57
124 55:57

MS. CAPPLEMAN: Um, are you surprised that he didn't tell you that he was hired to do a murder? You are?

125 56:03

JESSICA RODRIGUEZ: I am surprised.

126 56:04

MS. CAPPLEMAN: All right, and afterwards, did he ever tell you any details about the murder?

127 56:09
128 56:10

MS. CAPPLEMAN: When was your youngest child born?

129 56:13

JESSICA RODRIGUEZ: June of 2014.

130 56:15

MS. CAPPLEMAN: All right, and do you remember a short time after her birth when Rivera told you he was going out of town?

131 56:23
132 56:24

MS. CAPPLEMAN: Did he tell you he was coming to Tallahassee?

133 56:26
134 56:26

MS. CAPPLEMAN: Where did he say he was going?

135 56:28

JESSICA RODRIGUEZ: That he was just going out of town to get drugs, and that's it.

136 56:32

MS. CAPPLEMAN: Did he tell you he was going up north?

137 56:33
138 56:34

MS. CAPPLEMAN: All right. Did he tell you he was going to do a murder?

139 56:37
140 56:37

MS. CAPPLEMAN: Did he tell you who he was going with?

141 56:39

JESSICA RODRIGUEZ: Uh, with Tuto.

142 56:41

MS. CAPPLEMAN: And that's Sigfredo Garcia?

143 56:43
144 56:44

MS. CAPPLEMAN: Do you know what car they took on that trip?

145 56:48

JESSICA RODRIGUEZ: No, not to my knowledge, not that I remember.

146 56:52

MS. CAPPLEMAN: Do you know how long they were gone?

147 56:55

JESSICA RODRIGUEZ: A couple of days, because I just had my daughter.

148 56:58

MS. CAPPLEMAN: All right. And so that would be a couple days shortly after you had your daughter, which was June 27th of '14. Is that right?

149 57:07
150 57:09

MS. CAPPLEMAN: All right. And they actually took two trips to Tallahassee, as we've learned. Were you aware that there were two trips?

151 57:15
152 57:15

MS. CAPPLEMAN: You only knew about the one trip?

153 57:16
154 57:21

MS. CAPPLEMAN: Did you ever see him in possession of a green Prius?

155 57:25
156 57:26

MS. CAPPLEMAN: Okay, and was that around the time of that trip?

157 57:30

JESSICA RODRIGUEZ: I don't remember.

158 57:34

MS. CAPPLEMAN: After your child was born — so similar to the time frame I'm talking about, trying to narrow it down to the time that he took that trip — after that occurred, was there a time when someone brought a package to Luis Rivera at your home?

159 57:49
160 57:50

MS. CAPPLEMAN: Who brought the package?

161 57:53

JESSICA RODRIGUEZ: Tuto came knocking on the door. He brought the package.

162 57:56

MS. CAPPLEMAN: All right, and was there anybody else present when Tuto brought the package?

163 58:00
164 58:00

MS. CAPPLEMAN: Who else?

165 58:01
166 58:03

MS. CAPPLEMAN: Do you see that person in the courtroom today?

167 58:03

JESSICA RODRIGUEZ: I do. She came to bring the package.

168 58:09

MS. CAPPLEMAN: Who is that? You just point and describe what she's wearing.

169 58:13

JESSICA RODRIGUEZ: She's over there with the white shirt, glasses, and a black vest.

170 58:17

MS. CAPPLEMAN: Okay, and we've got two of those.

171 58:19

JESSICA RODRIGUEZ: Oh, okay. The one in between.

172 58:19

MS. CAPPLEMAN: The one in between the two lawyers. All right. No objection — let the record reflect she identified that one.

173 58:28
174 58:31

MS. CAPPLEMAN: All right. So this — can you say this was in the summer of 2014, within, can we say a month of your youngest child's birth?

175 58:39
176 58:39

MS. CAPPLEMAN: Okay, and when this package was delivered, did both Tuto — Sigfredo Garcia — and Catherine Magbanua, the defendant, did both of them come into your residence?

177 58:40
178 58:40

MS. CAPPLEMAN: Okay, tell us about that.

179 58:55

JESSICA RODRIGUEZ: So Tuto knocked on the door. I opened it. He came in. He said he had a package for Tato. He went to the room to drop it. I said, who are you with? He said, Katie. I went outside. We had like a little patio hallway. And I screamed over. And I'm like, you're not going to come and see your niece? Like, why are you in the car? And then she got up, and then she came in.

180 59:20

MS. CAPPLEMAN: So she did come in and see the baby?

181 59:22
182 59:22

MS. CAPPLEMAN: All right, and at some point, did you call Luis Rivera to tell him they were there?

183 59:27
184 59:27

MS. CAPPLEMAN: All right, and do you remember what phone number you called him from?

185 59:31

JESSICA RODRIGUEZ: No, I have so many numbers like that.

186 59:33

MS. CAPPLEMAN: Have you had quite a few phone numbers?

187 59:35
188 59:35

MS. CAPPLEMAN: Okay, I want to ask you about a specific phone number: 305-896-3720. Was that one of the phone numbers that you have used before?

189 59:47
190 59:48

MS. CAPPLEMAN: All right, and are you refreshing your recollection with something?

191 59:51

JESSICA RODRIGUEZ: Yes, my notes.

192 59:52

MS. CAPPLEMAN: All right, so you made some notes about some prior phone numbers you have?

193 59:55
194 1:00:01

MS. CAPPLEMAN: Ma'am so for now, at this point, I don't want you to look at any of those notes. Okay? Just see if you can recall from your memory, and if not, then just let counsel know.

195 1:00:09
196 1:00:11

MS. CAPPLEMAN: Ma'am, law enforcement had that phone number associated with an Anthony Ortiz. Do you know who that is?

197 1:00:18
198 1:00:21

MS. CAPPLEMAN: Is Mr. Ortiz — is he dead?

199 1:00:23
200 1:00:23

MS. CAPPLEMAN: Okay. Do you know when he died?

201 1:00:27

JESSICA RODRIGUEZ: A couple years ago. That's all I know.

202 1:00:30

MS. CAPPLEMAN: All right, and do you know why your phone number was also associated with Anthony Ortiz in a law enforcement database?

203 1:00:36

JESSICA RODRIGUEZ: Have no idea.

204 1:00:37

MS. CAPPLEMAN: Okay, so you didn't share a phone with Anthony Ortiz?

205 1:00:40
206 1:00:40

MS. CAPPLEMAN: Who was Anthony Ortiz to Luis Rivera?

207 1:00:47

JESSICA RODRIGUEZ: A friend.

208 1:00:49

MS. CAPPLEMAN: Okay. Would you describe their relationship as Ortiz being kind of like a do-boy to Luis Rivera?

209 1:00:55
210 1:00:58

MS. CAPPLEMAN: All right, but that phone number ending in 3720 was your phone number at the time of these events that we're just talking about.

211 1:01:05
212 1:01:06

MS. CAPPLEMAN: All right. And that phone number is in Catherine Magbanua's phone as Jessica Flaca. Do you go by —

213 1:01:06

JUDGE WHEELER: She can ask the question. Overruled.

214 1:01:06

MS. CAPPLEMAN: Do you go by Jessica Flaca?

215 1:01:06
216 1:01:07

MS. CAPPLEMAN: What is Flaca?

217 1:01:07

JESSICA RODRIGUEZ: It means slim.

218 1:01:07

MS. CAPPLEMAN: Okay, is that a nickname?

219 1:01:07

JESSICA RODRIGUEZ: When I was younger, yes.

220 1:01:35

MS. CAPPLEMAN: All all right. Did Mr. Rivera arrive to get this package?

221 1:01:38
222 1:01:39

MS. CAPPLEMAN: All right. And did you look inside the package?

223 1:01:44
224 1:01:45

MS. CAPPLEMAN: Can you describe the package for the jury?

225 1:01:45

JESSICA RODRIGUEZ: Um, it was a bag, like a plastic bag. I don't know what it was inside it. It kind of looked like a brick, like drugs, you know, when they wrap up like cocaine and stuff like that.

226 1:02:04

MS. CAPPLEMAN: Okay, but it was wrapped up in something — outside, so you couldn't —

227 1:02:07

JESSICA RODRIGUEZ: Yeah, and the inside, it was wrapped — it was in a plastic bag, but the inside was wrapped with like a paper, like something brown, maybe like a paper bag.

228 1:02:16

MS. CAPPLEMAN: All right. And during the time that Catherine Magbanua was coming up to see the baby, did she ever acknowledge the package or say anything about the package?

229 1:02:26
230 1:02:26

MS. CAPPLEMAN: What did she say about it?

231 1:02:28

JESSICA RODRIGUEZ: Um, basically — did you know, to my knowledge, if I remember correctly — um, did you give them the package? But Tato wasn't there.

232 1:02:36

MS. CAPPLEMAN: Okay, so he hadn't arrived yet when she made that statement. Okay. And so who is she asking? Did you give him the package?

233 1:02:43

MS. CAPPLEMAN: All right. And did she seem — what was her demeanor like? How was she acting?

234 1:02:49

JESSICA RODRIGUEZ: She was fidgeting.

235 1:02:52

MS. CAPPLEMAN: Okay. What do you mean — in a rush? Did she say anything to indicate she was in a rush?

236 1:02:56
237 1:02:56

MS. CAPPLEMAN: Okay, but she just was acting like what?

238 1:02:59

JESSICA RODRIGUEZ: Like she's ready to get out of there.

239 1:02:59

MS. CAPPLEMAN: Yeah. All right. And just to clarify, she specifically asked Garcia something to the effect of: did you give her — a package. All right. At this time — I know you said they've been on and off, on and off all the time — but at this time that the package was delivered, was it weird that Catherine Magbanua and Sigfredo Garcia were together?

240 1:02:59

JESSICA RODRIGUEZ: Not to my recollection.

241 1:02:59

MS. CAPPLEMAN: Okay, so they were together at that time, to your knowledge?

242 1:03:00
243 1:03:00

MS. CAPPLEMAN: And what about — they got back together at the Pacquiao fight. Was that something that occurred later?

244 1:03:01
245 1:03:01

MS. CAPPLEMAN: Okay, so your recollection is that they were together at the time of the package delivery, and then off again before the fight?

246 1:03:01

JESSICA RODRIGUEZ: Yes. They were very on and off.

247 1:03:01

MS. CAPPLEMAN: Okay. And what about the dentist? Was he in or out at the time of the package drop?

248 1:03:01

JESSICA RODRIGUEZ: I don't remember. I think at that moment with the address that I lived in, I didn't know about him until my following address after that.

249 1:03:01

MS. CAPPLEMAN: Okay. So you're not sure you even knew about the dentist at this point?

250 1:04:04

MS. CAPPLEMAN: All right. And what about Shrimp? Was she in the picture at this point, to your knowledge?

251 1:04:13

JESSICA RODRIGUEZ: To my knowledge, I don't remember.

252 1:04:15

MS. CAPPLEMAN: Okay. So could there have been some overlap between Shrimp and Katie, also some overlap between Garcia and the dentist?

253 1:04:26

JESSICA RODRIGUEZ: There could be, yes.

254 1:04:27

MS. CAPPLEMAN: So it was all sort of — I mean, you don't have the dates of when they were together and not together. Okay. Okay.

255 1:04:40

MS. CAPPLEMAN: Are you able to tell the jury that there was a reconciliation that occurred between Magbanua and Garcia at the Pacquiao fight on May 2, 2015?

256 1:04:50
257 1:04:53

MS. CAPPLEMAN: And do you know if they stayed together from that time up until the arrest in this case?

258 1:04:58

JESSICA RODRIGUEZ: I believe so.

259 1:05:04

MS. CAPPLEMAN: Was this the only time that anyone brought a package to your home like this? Or was that something that occurred all the time?

260 1:05:11

JESSICA RODRIGUEZ: No, it was the first time.

261 1:05:23

MS. CAPPLEMAN: When you are thinking about the relationship between Catherine Magbanua and Sigfredo Garcia, does it surprise you that he would keep things from her? Would he keep things from her, like crimes he would be involved in?

262 1:05:38

JESSICA RODRIGUEZ: I wouldn't know. I didn't — from the outside, my relationship with them, they were very on and off. So what they did, like behind — how he acted with her behind closed doors, I don't really know if he would keep anything or not.

263 1:05:52

MS. CAPPLEMAN: Okay. Do you remember giving a deposition back on February 15th, 2019?

264 1:05:56
265 1:05:57

MS. CAPPLEMAN: And I'm referencing page 148, lines 19 through 23. Did you previously say Katie knew everything that —

266 1:06:05

MS. KAWASS: Improper impeachment.

267 1:06:07

JUDGE WHEELER: Overruled.

268 1:06:07

MS. CAPPLEMAN: Did you previously say Katie knew everything that Tuto did when it came to bad stuff — everything?

269 1:06:14

JESSICA RODRIGUEZ: I do remember.

270 1:06:14

MS. CAPPLEMAN: Okay, and is that a true statement when it comes to that?

271 1:06:18
272 1:06:19

MS. CAPPLEMAN: No further questions.

273 1:06:20

JUDGE WHEELER: Cross examination?

274 1:06:22

MS. KAWASS: Yes, Your Honor.

275 1:06:38

MS. KAWASS: Good morning, Ms. Rodriguez.

276 1:06:40

JESSICA RODRIGUEZ: Good morning.

277 1:06:41

MS. KAWASS: It's been a while. How are you?

278 1:06:42

JESSICA RODRIGUEZ: Good, and yourself?

279 1:06:43

MS. KAWASS: I'm doing well. So I want to give the jury a more complete picture of the evidence that you have in this case.

280 1:06:51
281 1:06:53

MS. KAWASS: I want to start by talking about the relationship you had with Katherine back in 2013.

282 1:06:59

MS. KAWASS: You became pretty close, like you said, with Katie when you became pregnant, right?

283 1:07:04
284 1:07:04

MS. KAWASS: So that was in 2013?

285 1:07:06
286 1:07:06

MS. KAWASS: Even though you had been close with Luis and Sigfredo for 12 years, Katherine really didn't come into the picture for you until 2013, right?

287 1:07:15

JESSICA RODRIGUEZ: Correct, as a friend.

288 1:07:16

MS. KAWASS: As a friend.

289 1:07:20

MS. KAWASS: Around that time, you'd say you guys kind of bonded over the fact of you both being mothers, correct?

290 1:07:26
291 1:07:26

MS. KAWASS: Okay, you'd have playdates with the kids sometimes?

292 1:07:29
293 1:07:31

MS. KAWASS: And you have one child with Luis?

294 1:07:34
295 1:07:35

MS. KAWASS: Okay. And he has other children, though, with other women, correct?

296 1:07:38

JESSICA RODRIGUEZ: With one more woman, yes.

297 1:07:40

MS. KAWASS: Okay. Is that Annie Diaz?

298 1:07:41
299 1:07:42

MS. KAWASS: Okay. And how many children does he have with her?

300 1:07:44
301 1:07:45

MS. KAWASS: How old are they?

302 1:07:48

MS. CAPPLEMAN: Objection. Relevance.

303 1:07:50

JUDGE WHEELER: Overruled, if you know.

304 1:07:52

JESSICA RODRIGUEZ: In their 20s.

305 1:07:53

MS. KAWASS: Okay. They're older, right?

306 1:07:54
307 1:07:55

MS. KAWASS: Okay. And wasn't Mr. Rivera in a relationship with that woman when he was a teenager?

308 1:07:59
309 1:07:59

MS. CAPPLEMAN: Objection. Relevance.

310 1:08:01

JUDGE WHEELER: Overruled.

311 1:08:02
312 1:08:03

MS. KAWASS: Yes. Okay. Now, you and Annie aren't friends, are you?

313 1:08:08

JESSICA RODRIGUEZ: We're not friends, no.

314 1:08:10

MS. KAWASS: Okay. Do you guys get along now?

315 1:08:12

JESSICA RODRIGUEZ: We do, yes.

316 1:08:13

MS. KAWASS: Okay. But back then, you didn't?

317 1:08:15

JESSICA RODRIGUEZ: Somewhat, you could say.

318 1:08:18

MS. KAWASS: Okay. Do you know where Annie lived at the time?

319 1:08:20
320 1:08:21

MS. KAWASS: Was that 1805 Normandy Drive?

321 1:08:23
322 1:08:24

MS. KAWASS: Okay. So that address that is on Luis Rivera's driver's license is her address?

323 1:08:29
324 1:08:30

MS. KAWASS: Now, you would agree with me that Sigfredo and Katie were constantly breaking up and getting back together?

325 1:08:36
326 1:08:38

MS. KAWASS: And at the time that you were pregnant, you stated that she and Sigfredo were in a serious separation, correct?

327 1:08:46

JESSICA RODRIGUEZ: I don't remember.

328 1:08:48

MS. KAWASS: You don't remember?

329 1:08:49

JESSICA RODRIGUEZ: I would like to see it.

330 1:08:50

MS. KAWASS: All right.

331 1:09:23

MS. KAWASS: I'm referring to her deposition, page 16 — wait, hold on. Oh, sorry, page 14. Now —

332 1:10:18

MS. KAWASS: Your daughter was born, like you said, on June 27th. Now, you weren't immediately released from the hospital, isn't that true?

333 1:10:23
334 1:10:27

MS. KAWASS: How long did you stay in the hospital, because you had complications with your birth?

335 1:10:31

JESSICA RODRIGUEZ: About a week.

336 1:10:32

MS. KAWASS: So you stayed — you weren't released from the hospital with the baby until way into July?

337 1:10:37

JESSICA RODRIGUEZ: Not way into, but a week from June 27th.

338 1:10:37

MS. KAWASS: Yes, before July 4th. Okay. Now, one of the issues that you know that Katie had with Sigfredo — could you describe their relationship as toxic, right?

339 1:10:39
340 1:10:51

MS. KAWASS: Was his constant drinking, correct?

341 1:10:59
342 1:10:59

MS. KAWASS: Okay. You're fully aware of how much alcohol Sigfredo Garcia would drink, right?

343 1:11:09
344 1:11:09

MS. KAWASS: And Katie did not approve of how much he would drink?

345 1:11:11
346 1:11:11

MS. KAWASS: He always drank in excess, right? She — or he?

347 1:11:11

JESSICA RODRIGUEZ: He. Oh, yes. Yeah.

348 1:11:11

MS. KAWASS: And it's not just alcohol that he would consume — he also did a lot of cocaine, right?

349 1:11:14
350 1:11:15

MS. KAWASS: All right. And there were times when Sigfredo would actually go binge drinking for days and no one would know where he was, correct? Including the mother of his kids?

351 1:11:24
352 1:11:28

MS. KAWASS: Now, Katie, as far as you knew, did not approve of the drug use either?

353 1:11:31

JESSICA RODRIGUEZ: No, the drinking and the drugs — not allowed around her.

354 1:11:35

MS. KAWASS: Correct. And this is one of the reasons why she would constantly kick him out of the house, right?

355 1:11:41

JESSICA RODRIGUEZ: To my knowledge.

356 1:11:42

MS. KAWASS: Okay. Because the alcohol and the cocaine — it also contributed to the fact that he wasn't around to help her with the kids, right?

357 1:11:48
358 1:11:49

MS. KAWASS: You knew of times that she would be calling and calling and he would just not pick up the phone?

359 1:11:53

JESSICA RODRIGUEZ: Yes, correct.

360 1:11:54

MS. KAWASS: Okay. And also he couldn't hold down a job?

361 1:11:58

JESSICA RODRIGUEZ: I don't know that part.

362 1:12:00

MS. KAWASS: Okay. Yeah, but you didn't know him to have a steady job like how Luis had a steady job?

363 1:12:04
364 1:12:05

MS. KAWASS: Okay. Now this second time, this serious separation that she had — she had stated that she wanted nothing to do with him anymore, right?

365 1:12:17

JESSICA RODRIGUEZ: I believe so.

366 1:12:18

MS. KAWASS: So he's out of the house, and when he and Katie were separated, that's when he started dating the stripper Shrimp, correct?

367 1:12:29

JESSICA RODRIGUEZ: All right.

368 1:12:29

MS. KAWASS: Now, she worked as a stripper and a pole dancer, right?

369 1:12:34

JESSICA RODRIGUEZ: I don't know.

370 1:12:36

MS. KAWASS: Okay. Did you know she was also a prostitute?

371 1:12:39

JESSICA RODRIGUEZ: From what I was told.

372 1:12:39

MS. KAWASS: Okay. So this is another thing that Catherine — if he was staying with a prostitute — didn't want her kids around, right?

373 1:12:47
374 1:12:48

MS. KAWASS: No, she wouldn't want that?

375 1:12:50

JESSICA RODRIGUEZ: No, she's had her kids around, both of them.

376 1:12:53

MS. KAWASS: No, understood. But if she's not around drugs, because shrimp use drugs too, right?

377 1:12:57
378 1:12:58

MS. KAWASS: Okay, so you would agree with me that that would be another thing that she would be upset at if that was around her children?

379 1:13:03
380 1:13:04

MS. KAWASS: And she also talked to you about her relationship with her boss, Charlie, right?

381 1:13:10
382 1:13:11

MS. KAWASS: So you knew his name?

383 1:13:12

JESSICA RODRIGUEZ: No, I didn't know his name until after.

384 1:13:15

MS. KAWASS: Okay, and she talked to you about him, though, that she was dating this guy, it wasn't great, and around the time of your baby shower for your daughter, that was around February, March of 2014, right?

385 1:13:31

JESSICA RODRIGUEZ: I don't remember.

386 1:13:31

MS. KAWASS: Okay, would looking at your deposition refresh your recollection?

387 1:13:36
388 1:13:38

MS. KAWASS: I'm referring court and counsel to page 27 of our deposition.

389 1:13:45

MS. KAWASS: Your Honor, may I approach?

390 1:13:46

JUDGE WHEELER: You may.

391 1:13:50

MS. KAWASS: Beginning at minus five.

392 1:13:54
393 1:14:01

MS. KAWASS: Okay, yes.

394 1:14:04
395 1:14:05

MS. KAWASS: Okay, so it was around February, March.

396 1:14:08

MS. KAWASS: The baby shower.

397 1:14:10

JESSICA RODRIGUEZ: It doesn't say that on there. It just says during my baby shower. I just don't remember what month it was.

398 1:14:16

MS. KAWASS: Okay, so around, but we can agree that it's close to...

399 1:14:21
400 1:14:22

MS. KAWASS: You were showing at that time, right?

401 1:14:25
402 1:14:25

MS. KAWASS: All right. And she was over Tuto at that time, Sigfredo.

403 1:14:29
404 1:14:31

MS. KAWASS: And she actually said to you that she was seeing someone from work. Those are the words that she used.

405 1:14:36
406 1:14:36

MS. KAWASS: She didn't say that to you?

407 1:14:38
408 1:14:40

MS. KAWASS: Okay. Do you remember giving a deposition in this case?

409 1:14:42

JESSICA RODRIGUEZ: Yes, I do.

410 1:14:43

MS. KAWASS: Okay. I was present.

411 1:14:48

MS. KAWASS: Mr. Post was present. Ms. Cappleman was pregnant... was present. I'm sorry, I'm so sorry. Um, court reporter was present, and she was taking down everything that you said at the time, right?

412 1:14:59
413 1:14:59

MS. KAWASS: You swore to tell the truth, the whole truth, and nothing but the truth, just like you did today?

414 1:15:02
415 1:15:03

MS. KAWASS: Okay. Okay.

416 1:15:12

MS. KAWASS: So I'm gonna start at... I want to give it context. Okay, so I'm gonna start at line 13. She was referring to shrimp. "Yes, he is never going to leave shrimp alone. I'm over it. I'm kind of seeing someone. I said, 'That's nice, who is it?' She goes, 'Someone I know from work.'" That was the first time I heard that, "someone I know from work."

417 1:15:12
418 1:15:12

MS. KAWASS: But the way you're saying it to me, it was as if it was during the baby shower, and it wasn't.

419 1:15:12

JESSICA RODRIGUEZ: Oh, no, I'm... I'm just talking around that general time, not exactly during that general time. It was further on, it was later on, after I had already had my youngest daughter.

420 1:15:12

MS. KAWASS: So you're saying you only knew that she was dating Charlie after you had the baby?

421 1:15:13
422 1:15:13

MS. KAWASS: So you didn't know...

423 1:15:13

JESSICA RODRIGUEZ: My second address.

424 1:15:13

MS. KAWASS: Correct. Okay, so she wasn't dating Charlie to your knowledge?

425 1:15:13

JESSICA RODRIGUEZ: Of my knowledge, I did not know. No.

426 1:15:13

MS. KAWASS: At the time of the... what you're testifying to today occurred in July.

427 1:15:13

JESSICA RODRIGUEZ: In July I did see, this is what I'm trying to say.

428 1:15:13

MS. KAWASS: You're still on the baby shower.

429 1:15:13

JESSICA RODRIGUEZ: The baby shower happened way before I had my daughter.

430 1:15:13

MS. KAWASS: Okay, so after the baby shower, I had my daughter, the new address, that's when she told me that she was dating someone from work, right? But you are at the old address when you say that she and Tuto came and dropped a package to your house.

431 1:15:13
432 1:15:13

MS. KAWASS: So she didn't tell you she was dating him until after that?

433 1:15:13

JESSICA RODRIGUEZ: Yes, around the time that she actually broke up with him.

434 1:15:13

MS. KAWASS: Correct. Okay, now, even though you knew... oh wait, uh, now at some point too, didn't Sigfredo tell you that she left me for her boss?

435 1:16:48
436 1:16:49

MS. KAWASS: Okay. That she was with him and that she worked for him?

437 1:16:53
438 1:16:55

MS. KAWASS: Okay. Sigfredo also knew Charlie's name, right?

439 1:16:57

JESSICA RODRIGUEZ: Not to my knowledge.

440 1:16:58

MS. KAWASS: Okay. Do you remember giving a statement?

441 1:17:01

MS. KAWASS: Well, do you remember giving a statement to the police on October 2nd of 2016?

442 1:17:08

JESSICA RODRIGUEZ: I remember them going to my job.

443 1:17:10

MS. KAWASS: Not that one.

444 1:17:11

MS. KAWASS: The one after Lewis cooperated.

445 1:17:15

JESSICA RODRIGUEZ: Refresh my memory. It's been so long.

446 1:17:15

MS. KAWASS: Remember, Detective Isom and Detective... uh, Agent Sanford came to your apartment the day after Catherine Magbanua was arrested.

447 1:17:23

JESSICA RODRIGUEZ: It was the house, not the apartment.

448 1:17:26

MS. KAWASS: And his sister was there with you, remember that?

449 1:17:29

JESSICA RODRIGUEZ: Don't remember.

450 1:17:30

MS. KAWASS: Okay, then they were in your house and they recorded your entire statement. They went in, correct?

451 1:17:36

JESSICA RODRIGUEZ: Yes, it was my house, it wasn't an apartment.

452 1:17:44

MS. KAWASS: Okay, correct. And pages... 86, and you knew you were being recorded, right?

453 1:17:46
454 1:17:47

MS. KAWASS: Okay. The off-... you knew that the officers were there because they were investigating this case. You'd actually already told them that you would help Lewis at that point, right?

455 1:17:57

JESSICA RODRIGUEZ: Help Lewis? And how?

456 1:17:59

MS. KAWASS: Providing information to Sherry Bennett, the day before Katie was arrested. We're gonna get to that.

457 1:18:03

JESSICA RODRIGUEZ: I don't know who Sherry Bennett is.

458 1:18:06

MS. KAWASS: The officer that called you on the phone.

459 1:18:07
460 1:18:09

MS. KAWASS: Okay, but that happened before, but we're gonna get to that. All right. But as it relates to this, you actually told the officers on page 86 to 87, and...

461 1:18:50

MS. KAWASS: "Officer... I, uh, Investigator Isom said, 'Did he ever say that it was the Charlie guy?' Jessica Rodriguez: 'Yeah, he'll be like, part of my language, judge, he'll be like, that Charlie ass n-word, like, you know, he'll-' He knew his name." Yes? Okay.

462 1:18:50

JESSICA RODRIGUEZ: That was after I had found out that she was dating him, but the whole time prior, we always knew him as the dentist. At least to my knowledge, I knew him as the dentist.

463 1:18:50

MS. KAWASS: Correct, but the statement that you gave to the detective was, "He knew his name."

464 1:18:50

JESSICA RODRIGUEZ: Yes, after...

465 1:18:50

MS. KAWASS: Wait, I'm just asking what you told the detective. Not... "He knew his name after they asked, did he know of Charlie?" And you said, "Yes, he knew his name"?

466 1:19:32
467 1:19:37

MS. KAWASS: Okay. Now, the way Katie, whenever she talked to you about Charlie, she didn't talk to him like it was a serious relationship, right?

468 1:19:44

JESSICA RODRIGUEZ: To my knowledge, we only spoke maybe once or twice about it.

469 1:19:48

MS. KAWASS: But it wasn't anything serious, just casual?

470 1:19:50

JESSICA RODRIGUEZ: It was quick. Tuto was outside.

471 1:19:55

MS. KAWASS: Okay. So while Sigfredo is outside at your house, she talked to you inside about Charlie?

472 1:20:00
473 1:20:00

MS. KAWASS: When did that happen?

474 1:20:01

JESSICA RODRIGUEZ: It was a play date, and he showed up.

475 1:20:04

JESSICA RODRIGUEZ: What, I think... I'm not sure if it was a play date, let me correct that, because I don't want to say something that I don't remember. It was either a play date, or they were super separated and sometimes she would drop off the kids there and he would pick them up.

476 1:20:19

MS. KAWASS: Oh, so your house was somewhat like a drop-off point?

477 1:20:23

JESSICA RODRIGUEZ: Kind of, sometimes, even though they weren't together.

478 1:20:25

MS. KAWASS: Correct. Is that the old apartment?

479 1:20:27

JESSICA RODRIGUEZ: No, at the house.

480 1:20:28

MS. KAWASS: At the house, okay. So there would be times that, even though they weren't speaking, that they'd arranged to have a neutral place for Sigfredo to come and pick up the kids?

481 1:20:28

JESSICA RODRIGUEZ: No, it's just wherever Tuto was at the moment, and he was always in my house.

482 1:20:40

MS. KAWASS: Okay. So, but you're saying that they were separated and then they would be at your house at the same time?

483 1:20:46
484 1:20:46

MS. KAWASS: Okay. Now, you know Katie was working in the club scene in Miami, right?

485 1:20:53
486 1:20:54

MS. KAWASS: Okay. She had a job promoting liquors, you know about that?

487 1:20:58

JESSICA RODRIGUEZ: Yes, she was.

488 1:20:59

MS. KAWASS: And this was in 2014?

489 1:21:00

JESSICA RODRIGUEZ: Don't remember the year.

490 1:21:02

MS. KAWASS: Okay. Would showing your deposition...?

491 1:21:06

JESSICA RODRIGUEZ: Yes, great.

492 1:21:12

MS. KAWASS: Page 36.

493 1:21:17

MS. KAWASS: Your Honor, may I approach?

494 1:21:17
495 1:21:17

MS. KAWASS: So she was doing these jobs in 2014?

496 1:21:46
497 1:21:50

MS. KAWASS: You actually saw her doing the jobs once at the liquor club, doing the liquor stuff, right?

498 1:21:56
499 1:21:57

MS. KAWASS: Did you ever see her working at the club?

500 1:21:58
501 1:21:59

MS. KAWASS: You never actually saw her, you never went out and saw her working at the club?

502 1:22:03

JESSICA RODRIGUEZ: Not to my remember... recollection, no.

503 1:22:05

MS. KAWASS: Were you guys friends on Facebook?

504 1:22:06
505 1:22:07

MS. KAWASS: Did you see pictures of her posting when she would post that she was working?

506 1:22:10

JESSICA RODRIGUEZ: I believe so, yes.

507 1:22:12

MS. KAWASS: Okay. Now, being a bottle girl in Miami, and I hate saying that, but you doing that kind of job in Miami, you know, you've lived there most of your life?

508 1:22:20
509 1:22:21

MS. KAWASS: Okay. And that is a job that you can make some cash in, right?

510 1:22:25

JESSICA RODRIGUEZ: I wouldn't know, I've never worked one.

511 1:22:27

MS. KAWASS: You're only done... you've only done nails since you've been at...

512 1:22:29
513 1:22:30

MS. KAWASS: All right. Now let's talk about Luis Rivero. You were in a relationship with Luis Rivera for nine years, correct?

514 1:22:37
515 1:22:38

MS. KAWASS: And he is the father of your youngest daughter?

516 1:22:42
517 1:22:42

MS. KAWASS: And you are still in a relationship in June to July of 2014, when they're saying that all of this stuff took place, right?

518 1:22:50
519 1:22:50

MS. KAWASS: Now I want to talk about his family. He's very close with all of his family members?

520 1:22:54
521 1:22:55

MS. KAWASS: Three brothers, two sisters?

522 1:22:57
523 1:22:57

MS. KAWASS: And he's very close with his mother, right?

524 1:22:59
525 1:23:00

MS. KAWASS: Takes good care of her?

526 1:23:01
527 1:23:02

MS. KAWASS: Gives her a lot of money?

528 1:23:03

JESSICA RODRIGUEZ: I wouldn't know.

529 1:23:05

MS. KAWASS: Okay. He doesn't give you money, right?

530 1:23:07

JESSICA RODRIGUEZ: No more. Never did at that moment. No, no.

531 1:23:11

MS. KAWASS: Okay. And he's very close to his sister Maria, right?

532 1:23:15

JESSICA RODRIGUEZ: He's close to all his siblings.

533 1:23:18

MS. KAWASS: Okay. You wouldn't say that Maria is the one he is closest to? Or you haven't said that to me before?

534 1:23:25

JESSICA RODRIGUEZ: Um, I believe I have told you that.

535 1:23:27

MS. KAWASS: Okay. You described her as Louis's confidant.

536 1:23:31

JESSICA RODRIGUEZ: Not confidant. If that's how I described her, I don't remember during that period of time when I did the deposition with you. Um, confidant in the sense of holding his secrets and cheating, nothing else. Because there was a time where I had found out that he was cheating and she knew. That's what I mean by confidant.

537 1:23:50

MS. KAWASS: Oh, okay. So that she would keep all the bad things that she knew would upset you from you?

538 1:23:56

JESSICA RODRIGUEZ: Um, no. She was just his sister. Just like I am with mine, if she's cheating, I'm not gonna tell the world, hey, she's cheating.

539 1:24:05

MS. KAWASS: Oh, okay. So if, for example, if he was doing anything wrong that you wouldn't have approved of, she's not gonna tell on her brother, right?

540 1:24:11

JESSICA RODRIGUEZ: Lewis does any... everything wrong in front of whoever. So he doesn't keep secrets, just...

541 1:24:17

MS. KAWASS: But you didn't know about the murder he committed, though, right?

542 1:24:20

JESSICA RODRIGUEZ: No. Correct.

543 1:24:20

MS. KAWASS: Okay. So he was good at keeping that from you?

544 1:24:23
545 1:24:23

MS. KAWASS: And you were very close to him, right?

546 1:24:24
547 1:24:25

MS. KAWASS: You had no idea that he went up on a trip in June, right?

548 1:24:28
549 1:24:28

MS. KAWASS: And you had no idea that he went and committed a murder in July.

550 1:24:31
551 1:24:32

MS. KAWASS: Of a father of two boys.

552 1:24:33
553 1:24:36

MS. KAWASS: Now, back in 2014, Lewis worked full-time construction, right?

554 1:24:40
555 1:24:41

MS. KAWASS: But that wasn't his only source of income.

556 1:24:43
557 1:24:44

MS. KAWASS: Okay. He sold cocaine.

558 1:24:46
559 1:24:46

MS. KAWASS: Right? Now, I know Ms. Cappleman tried to make it seem like he's some drug lord from Colombia that is making millions of dollars, but that wasn't the nature of his operation, right?

560 1:24:56
561 1:25:18

MS. KAWASS: He's a low-level drug dealer?

562 1:25:19
563 1:25:19

MS. KAWASS: Okay. I mean, did he sell drugs in front of you?

564 1:25:27

JESSICA RODRIGUEZ: Multiple occasions, yes.

565 1:25:27

MS. KAWASS: Okay. Did he sell bricks of cocaine, or did he, you know...?

566 1:25:56
567 1:25:56

MS. KAWASS: Did he... breaking it down to street level sales?

568 1:25:58
569 1:25:58

MS. KAWASS: Okay. And he not only did that, but he also robs drug dealers, right?

570 1:26:10
571 1:26:10

MS. KAWASS: And apart from that, because this is something that Ms. Cappleman left out, he was a Latin King gang member?

572 1:26:16
573 1:26:16

MS. KAWASS: All right. Ever since he was a teenager?

574 1:26:16

JESSICA RODRIGUEZ: I don't know how long.

575 1:26:16

MS. KAWASS: But you've known him for nine years.

576 1:26:16

JESSICA RODRIGUEZ: As nine years he was a Latin King? From my knowledge of what I know, I don't know when he started.

577 1:26:16

MS. KAWASS: Okay, but for the whole time you knew him, he was a member, right?

578 1:26:16
579 1:26:16

MS. KAWASS: He has a big tattoo across his stomach?

580 1:26:17
581 1:26:17

MS. KAWASS: Saying that he's a Latin King, right?

582 1:26:18
583 1:26:18

MS. KAWASS: And as for his RICO case, that is what he pled guilty to, was racketeering and being a Latin King gang member?

584 1:26:18
585 1:26:18

MS. KAWASS: Now, the first time you ever heard about the murder of Dan Markel was when they arrested Sigfredo Garcia, right?

586 1:26:19
587 1:26:19

MS. KAWASS: Now, that was on May 25th of 2016?

588 1:26:19

JESSICA RODRIGUEZ: 2016, correct. Yes.

589 1:26:19

MS. KAWASS: Now, at that time, Lewis is already in federal custody, right?

590 1:26:19
591 1:26:19

MS. KAWASS: And when Sigfredo was initially arrested for this murder, they didn't release to the media why or what the connection was yet, right?

592 1:26:26

JESSICA RODRIGUEZ: I don't remember.

593 1:26:26

MS. KAWASS: Okay. You didn't know yet that Lewis was potentially involved. When Sigfredo was arrested, they didn't initially mention Lewis's involvement, right?

594 1:26:39
595 1:26:39

MS. KAWASS: That didn't happen until June 2nd, right?

596 1:26:44

JESSICA RODRIGUEZ: I don't remember the dates.

597 1:26:46

MS. KAWASS: But you do remember that police officers came to your job to talk to you in June, right?

598 1:26:53
599 1:26:59

MS. KAWASS: All right. On that day, you saw on the news that now Lewis was implicated in this murder, right?

600 1:27:06

JESSICA RODRIGUEZ: It was on the news prior to that when they came.

601 1:27:08

MS. KAWASS: Okay, so you had already seen it on the news, because you told the cops, "and I know what you're here for, it's all over the news," correct?

602 1:27:14
603 1:27:15

MS. KAWASS: And if I told you that the date that you met with them was June 2nd, 2016, do you have any reason to believe that that's not the date?

604 1:27:23

JESSICA RODRIGUEZ: If that's the date that they put, then they would know more than me.

605 1:27:26

MS. KAWASS: Okay. And once that came out, before they even got there, you started researching everything online, right?

606 1:27:32
607 1:27:34

MS. KAWASS: You've even purchased a subscription to the Tallahassee Democrat?

608 1:27:37

JESSICA RODRIGUEZ: Probably did.

609 1:27:38

MS. KAWASS: That was the newspaper that was covering the story at the time, right?

610 1:27:41

JESSICA RODRIGUEZ: I don't remember, because I literally just purchased it a couple weeks ago. So if I purchased it at that time, I don't remember.

611 1:27:41

MS. KAWASS: You don't remember, but would looking at your October 2nd statement to the detectives refresh your recollection?

612 1:27:56
613 1:28:07

MS. KAWASS: I'm referring to page six.

614 1:28:43

MS. KAWASS: I'm going to get back to that in one second, because I don't think I have the correct page number.

615 1:28:47
616 1:28:47

MS. KAWASS: So the first time the detectives ever came to talk to you, like we discussed, was June 2nd of 2016. That's a week after Sigfredo was arrested, right?

617 1:28:56
618 1:28:56

MS. KAWASS: Okay. Now, they didn't tell you that they were actually recording that conversation with you, right?

619 1:29:06

JESSICA RODRIGUEZ: Not to my knowledge. I don't remember.

620 1:29:08

MS. KAWASS: Okay. And you don't remember, or?

621 1:29:12

JESSICA RODRIGUEZ: I don't remember them telling me that they were recording or not recording.

622 1:29:16

MS. KAWASS: And back then, you told them — this is on June 2nd — you didn't know anything about this, right?

623 1:29:23
624 1:29:23

MS. KAWASS: You never told them about Katie and Sigfredo coming to your house with a package?

625 1:29:28

JESSICA RODRIGUEZ: They never asked.

626 1:29:29

MS. KAWASS: I understand, but you just testified on direct that the only time that Katie and Sigfredo ever came to your house to deliver a package was one time, right?

627 1:29:37
628 1:29:38

MS. KAWASS: You knew at this time that there was some involvement with Sigfredo and Luis, right? And they were asking you about Katie?

629 1:29:44

JESSICA RODRIGUEZ: I don't remember.

630 1:29:46

MS. KAWASS: You don't remember if they specifically said that they were down there or that they were asking you about Katie's involvement?

631 1:29:51

JESSICA RODRIGUEZ: I don't remember, to be honest with you. It's been so long. But if you have something that states that I said it or said anything, then I would really like to see it.

632 1:29:59

MS. KAWASS: Oh, you would like to see it?

633 1:30:00

JESSICA RODRIGUEZ: Yeah, so I could refresh my memory. It's been eight years.

634 1:30:08

MS. KAWASS: June 2nd statement, on page four.

635 1:30:37

MS. KAWASS: What's the date of the statement?

636 1:30:49

JESSICA RODRIGUEZ: This was — pardon me?

637 1:30:51

MS. KAWASS: The date.

638 1:30:51

JESSICA RODRIGUEZ: Yes. June 7th. June 6th. No, wait, no, June 2nd.

639 1:30:51

MS. KAWASS: This is the recorded statement to Isom, and I provided transcripts and... okay, they...

640 1:31:46

MS. KAWASS: They didn't ask you. They didn't ask you, but you knew on offer that you knew Sigfredo Garcia, deal?

641 1:31:52
642 1:31:52

MS. KAWASS: So you knew that they were asking you about — you knew about Katie, Sigfredo, and Luis.

643 1:32:02

JESSICA RODRIGUEZ: I told them that I knew all three of them, obviously.

644 1:32:02

MS. KAWASS: All right. But my question to you is, you never mentioned in June anything about that one time that stood out to you, where Katie comes to your house with Sigfredo and they drop off a package. You never said that?

645 1:32:19

JESSICA RODRIGUEZ: No, because it never stood out to me until my mind got recollected of the events.

646 1:32:24

MS. KAWASS: And we'll get to that in a second. You did tell them that Sigfredo was the one who paid for Katie's implants, right?

647 1:32:30

JESSICA RODRIGUEZ: To my knowledge, that's what I knew. That's what she told me.

648 1:32:32

MS. KAWASS: Okay. And you also told them that Luis paid for the bike by selling his car and taking out money from his 401(k)?

649 1:32:40

JESSICA RODRIGUEZ: That's what he told me, yes.

650 1:32:41

MS. KAWASS: Okay. He lied to you, apparently.

651 1:32:44

JESSICA RODRIGUEZ: So... okay. He told you that.

652 1:32:46

MS. KAWASS: They — now, these detectives told you what they were investigating, and you said, "I've read all about it online," correct?

653 1:32:52
654 1:32:52

MS. KAWASS: Okay. And you said, "I don't know anything," correct?

655 1:32:53
656 1:32:53

MS. KAWASS: You do remember seeing a probable cause affidavit later on released for Katie, right? In the media?

657 1:32:54
658 1:32:54

MS. KAWASS: A 24-page document detailing how she was supposedly involved in this, right?

659 1:32:54
660 1:32:54

MS. KAWASS: Okay. It was over 20 pages long, right?

661 1:32:54
662 1:32:54

MS. KAWASS: And these warrants — or unsigned warrants — even though they were released to the media, okay, this was way before, months before Katie was arrested on October 1st, right?

663 1:32:54

JESSICA RODRIGUEZ: It's been so long. I guess, yes.

664 1:32:54

MS. KAWASS: Yeah. But you never contacted those detectives, even though you read all of that, to say, "Hey, listen, I remember this weird thing that happened with Katie"?

665 1:32:54

JESSICA RODRIGUEZ: Why would I contact them to give them information about what I know about this case?

666 1:33:46

JESSICA RODRIGUEZ: I didn't know anything about the case. So how did I know at that moment that that was that? So rephrase yourself, because I'm not understanding the question.

667 1:33:55

MS. KAWASS: I think the timeline is going to help with the jury of how it is that your memory was jogged about that meeting.

668 1:34:00
669 1:34:01

MS. KAWASS: Now, you previously stated that you broke off your relationship with Luis when he was arrested in May of 2015, right, for the RICO case.

670 1:34:10

JESSICA RODRIGUEZ: After, yes. After.

671 1:34:11

MS. KAWASS: And you still referred to him as your husband, though?

672 1:34:14

JESSICA RODRIGUEZ: No, you never did.

673 1:34:15

MS. KAWASS: At that time?

674 1:34:17

JESSICA RODRIGUEZ: I did, but after that, no.

675 1:34:19

MS. KAWASS: Okay, but at the time — even though you're not married, you refer to him as your husband, right?

676 1:34:22
677 1:34:23

MS. KAWASS: And you actually referred to him as your husband all the way up until the day that he cut the deal with the state. If...

678 1:34:32

JESSICA RODRIGUEZ: If you have something that says that I've been referring to him as that, like his emails — sure, if you have it.

679 1:34:38

MS. KAWASS: But — and you actually went and visited Luis in the federal detention facility in Coleman, Florida, after all the media came out and before you cooperated, or he cooperated, right?

680 1:34:55
681 1:34:55

MS. KAWASS: Okay. So you guys went and had a — you went and met with him, and at this time, you already know — everything's been released in the media, right?

682 1:35:03
683 1:35:03

MS. KAWASS: All right. Now let's talk about the September interview that you gave to the police. Okay, this would be September 30th. All right, that is the day that Luis Rivera is cooperating, or beginning to cooperate — well, not really beginning, but is giving a statement to the State Attorney's Office about his involvement in this case. All right, September 30th, the day before Katie is arrested. Now, when you get this phone call, you already knew that Luis was cooperating, because you were expecting this phone call, right?

684 1:35:40

JESSICA RODRIGUEZ: I don't remember.

685 1:35:41

MS. KAWASS: So if we were to play the call with Sherry Bennett and you, and you said, "I was expecting your call," would you accept my representation, or you have it recorded then?

686 1:35:52

JESSICA RODRIGUEZ: Yes. Yeah.

687 1:35:52

MS. KAWASS: Okay. I mean, I could play it, but we'll get back to that. Now, before you give this statement to Officer Sherry Bennett, who is the one that's doing the interview on the phone, you spoke to his lawyer already, right? Chuck Collins?

688 1:36:08
689 1:36:09

MS. KAWASS: Okay. Now, that conversation between you and Chuck Collins — not recorded, right?

690 1:36:13

JESSICA RODRIGUEZ: I don't know.

691 1:36:15

MS. KAWASS: All right. And after that — and the conversation — after you've spoken to his lawyer, after you've spoken to Luis, they're going to call you and record this conversation and take an interview with you on September 30th, the same day that Luis is cooperating, right?

692 1:36:30

JESSICA RODRIGUEZ: My knowledge, yes.

693 1:36:30

MS. KAWASS: Okay. And in that, now...

694 1:36:41

MS. KAWASS: This is the first time — the day before Katie's arrested — that you've ever mentioned to law enforcement that you remember this meeting, or this time when Katie came to your house with Tuto and that they dropped off the package, correct? That's the first time ever?

695 1:36:56
696 1:36:57

MS. KAWASS: Okay. And right before the call takes place, you even had a conversation with Monica Jordan, right? That's Chuck Collins's investigator.

697 1:37:06

JESSICA RODRIGUEZ: I believe so.

698 1:37:08

MS. KAWASS: And she called you and said — specifically asked you if you remember anything about a drug transaction.

699 1:37:14

JESSICA RODRIGUEZ: I don't remember. So if you have it written, so I could recall, then that would be great.

700 1:37:20

MS. KAWASS: I'll show you your deposition, page 122.

701 1:37:23
702 1:37:38

MS. KAWASS: Okay.

703 1:38:29

MS. KAWASS: So before the call, his legal team calls you and says to you he's looking at the death penalty and other people are involved, right?

704 1:38:29
705 1:38:29

MS. KAWASS: And they asked you with a leading question, almost, "Did they ever do a money transaction?" And you told them yes, right?

706 1:38:29
707 1:38:29

MS. KAWASS: And then they asked you between Tuto and Katie, and you said yes?

708 1:38:29
709 1:38:29

MS. KAWASS: It's not a situation where they came to you and said, "Hey, you remember anything?" No, they...

710 1:39:12

MS. KAWASS: They also wanted you to talk to Luis about getting him to cooperate, right?

711 1:39:17
712 1:39:18

MS. KAWASS: All right. They actually allowed you to talk to Luis on September 30th on one of the officers' cell phones?

713 1:39:27

JESSICA RODRIGUEZ: I believe so, yes.

714 1:39:29

MS. KAWASS: To have a conversation with you so you could talk him into cooperating, right?

715 1:39:33

JESSICA RODRIGUEZ: I believe so, yes.

716 1:39:33

MS. KAWASS: And at this time, you believed, from everything that was in the media, that Katie and Sigfredo had something to do with this, right?

717 1:39:43

JESSICA RODRIGUEZ: I mean, it's — I don't think a brain scientist would know.

718 1:39:47

MS. KAWASS: But this is, of course, only what you've read online. I mean, online they painted Luis a certain way, and you lived with them day to day, and you had no idea about that side of Luis, right?

719 1:39:57
720 1:39:57

MS. KAWASS: Okay. Now let's talk about what you told them on that September 30th meeting, because you actually told them that Katie and Sigfredo left the house before Luis got home.

721 1:39:57

JESSICA RODRIGUEZ: If that's what I told them, that's what I told them.

722 1:39:57

MS. KAWASS: Okay. Okay.

723 1:40:21

MS. KAWASS: You also said that when Katie came into the house, that Katie had said Sigfredo just picked me up, right?

724 1:40:28

JESSICA RODRIGUEZ: I don't remember. So if it's there, then I said it.

725 1:40:31

MS. KAWASS: And most importantly, you told them that this incident happened in August or September of 2014.

726 1:40:41

JESSICA RODRIGUEZ: Yes, because I had my dates wrong then.

727 1:40:43

MS. KAWASS: Yes, correct. You had the dates wrong then, but they're correct now?

728 1:40:45

JESSICA RODRIGUEZ: Well, I had just moved. So when that happened, it was in the old apartment, and a couple weeks after that, I moved to the new apartment, because we were in the process of getting evicted.

729 1:40:56

MS. KAWASS: But you understand, though, that your memory doesn't get better with time, right?

730 1:41:01

JESSICA RODRIGUEZ: It doesn't get better with time in the dates, but once I said something, I said it. You know, like the truth is the truth. Exactly.

731 1:41:01

MS. KAWASS: Going to always remember the truth?

732 1:41:11

JESSICA RODRIGUEZ: You remember the truth. You can't remember a lie.

733 1:41:13

MS. KAWASS: Correct. Okay. And you actually said, "At least two months after my daughter was born is when this incident happened." That's what you told the detectives, correct?

734 1:41:25
735 1:41:25

MS. KAWASS: Okay. Now, after this, the very next day after you talk to the police and after Luis cooperates with the police, Katie is put in handcuffs, right?

736 1:41:35

JESSICA RODRIGUEZ: I believe so, yes.

737 1:41:36

MS. KAWASS: All right. All over the news everywhere — Good Morning America, NBC, "another arrest made in the Dan Markel case," right?

738 1:41:45
739 1:41:46

MS. KAWASS: And now, after it's all out there, the very next day, they come to take that October 2nd interview from you. This is when they come to the house and they sit down and they record this conversation.

740 1:42:03

MS. KAWASS: Isn't it true that at this meeting, Maria said, "I want to talk to the detectives too"? She's there on the recording.

741 1:42:03

JESSICA RODRIGUEZ: I — you just refreshed my memory, because I didn't even remember her being there, but yeah.

742 1:42:03

MS. KAWASS: And you told them about a time that you remembered when Luis left for a few days with Tuto, right?

743 1:42:03
744 1:42:03

MS. KAWASS: And that when Luis came back, he was upset, right?

745 1:42:04
746 1:42:04

MS. KAWASS: Crying in his sleep?

747 1:42:04
748 1:42:04

MS. KAWASS: Screaming in his sleep?

749 1:42:04
750 1:42:04

MS. KAWASS: Like he probably did something that traumatized him, right?

751 1:42:04

JESSICA RODRIGUEZ: He always fidgeted in his sleep.

752 1:42:04

MS. KAWASS: Okay. Now, this time when you talk about this incident where Katie comes and drops off this — this is now 48 hours after you've already spoken to Sherry Bennett, right? You told them that Luis was at work when Sigfredo came over.

753 1:42:04

JESSICA RODRIGUEZ: To my knowledge at that moment, yes.

754 1:42:04

MS. KAWASS: Okay. And you described the package as Publix bags tied up, right?

755 1:42:04
756 1:42:04

MS. KAWASS: A brick. And then you told the detectives again that Katie did not know what was in the bag.

757 1:42:04

JESSICA RODRIGUEZ: I don't remember. So if I said it — I mean, I could show it to you. Want me to write it?

758 1:42:04

MS. KAWASS: Sure, if it's written down, then yeah. Okay, so we're going to do the October 2nd statement, page 34, lines 3 to 8.

759 1:43:38

MS. KAWASS: May I?

760 1:43:53

MS. KAWASS: Remind you — page 34, lines 1 to 8.

761 1:44:04

MS. CAPPLEMAN: Object to improper impeachment, Your Honor.

762 1:44:08

MS. KAWASS: I'm not impeaching her.

763 1:44:25

MS. KAWASS: So you... told the detective that Katie said, she goes, "Oh, I don't know. I don't know. You know they're stupid. I don't know. I don't know what she's doing." And she's holding the baby.

764 1:44:36

JESSICA RODRIGUEZ: Yes, when I asked her what they were doing. Correct.

765 1:44:38

MS. KAWASS: Okay. You described it as being 12 by 8, correct?

766 1:44:48

JESSICA RODRIGUEZ: The size of the — yeah, yeah.

767 1:44:51

MS. KAWASS: A tight, almost — like, that's a perfect word — a brick, right?

768 1:44:55
769 1:44:55

MS. KAWASS: Did it feel heavy, like a brick?

770 1:44:57

JESSICA RODRIGUEZ: I never touched it.

771 1:44:58

MS. KAWASS: You never touched it?

772 1:44:59

JESSICA RODRIGUEZ: Not that I recall.

773 1:45:00

MS. KAWASS: He didn't hand it to you?

774 1:45:01

JESSICA RODRIGUEZ: No, he went to the room, if I recall.

775 1:45:04

MS. KAWASS: Who did? Sigfredo?

776 1:45:06

JESSICA RODRIGUEZ: Sigfredo, yes.

777 1:45:06

MS. KAWASS: Okay. He always had the package in his hand?

778 1:45:08

JESSICA RODRIGUEZ: I believe so.

779 1:45:09

MS. KAWASS: Okay. He went — to my knowledge — in your bedroom?

780 1:45:12

JESSICA RODRIGUEZ: In my bedroom, yeah.

781 1:45:21

MS. KAWASS: Okay. And on... that day, too, on October 2nd, you actually told Detective Isom and Agent Sanford that on the occasion in August or September, that Katie and Sigfredo left before Luis got there.

782 1:45:33

JESSICA RODRIGUEZ: I said they flew. You want — I didn't say in specific that, "I remember." I could be wrong, but my recollection was that they flew, like, in and out.

783 1:45:57

MS. KAWASS: You remember giving a statement on October 2nd to the police officers in this case, right?

784 1:46:01
785 1:46:02

MS. KAWASS: And you knew that you had to tell them the truth, because if you didn't, you'd be committing a crime, correct?

786 1:46:07
787 1:46:07

MS. KAWASS: All right. And, Court and Counsel: October 2nd, page 34, lines 11 to 13.

788 1:46:14

MS. KAWASS: "He calls Luis and tells him, 'Yo, I just came to your house and I dropped it off with Jessica. Like, literally within 15 minutes, they left.'" Correct? That's what I said, that they flew.

789 1:46:24

MS. KAWASS: Okay, but in other words, they were not there when Luis got to the house.

790 1:46:29

JESSICA RODRIGUEZ: That's what you get them — if you keep on reading. As I remember that I told the detective, when he called them, Tato said, "Do not leave. Don't leave her with it." So he never got a chance to literally hand it to me, for me to even search it, for me to even look, because Tato came flying from wherever he was at, and they spoke, she watched the baby, and then they left.

791 1:46:54

MS. KAWASS: Yes, but you're saying that now. I'm saying back then in 2016, you told them twice that Katie and Tuto were not at the house when Luis got there.

792 1:46:54

JESSICA RODRIGUEZ: I'm pretty sure I said what I said now as well. I said the whole story. So if you're going to read part of it, then read the rest of it, so I could get the knowledge more. But I'm pretty sure that that's what I said, that he didn't want me — okay.

793 1:48:13

MS. KAWASS: So I'm referring to your October 2nd statement, okay, 2016, right? Did you review this before you testified in court today? No. Okay. So starting on page 34: "He calls Luis and he tells him, 'Yo, I just came to your house and I dropped it off with Jessica. Like, literally within 15 minutes, they left, and 15 minutes — like, this guy flew.' that's what I just read with you, correct? So am I missing something when you say, "Within 15 minutes they left and 15 minutes, like this guy flew"? Okay, and what's after that?

794 1:48:52

JESSICA RODRIGUEZ: "I don't know if he didn't want me to see what was in the bag, and he knows that if that bag was left with me, I'm very nosy, so I like to tend to see what comes inside my house. I used to throw away a lot of, you know, a lot of his drugs when I didn't want them in my house, and I would get mad. 'You're not going to put me in a predicament.' So 15 minutes, he came, grabbed the bag, and I said, 'Well, what the F is in your bag?' He goes, 'None of your business. None of your business. You're always asking questions.' And I was like, whatever. We argued. He left."

795 1:49:21

MS. KAWASS: Correct. Okay. You didn't say he left with Katie and Tuto. That's not what you said, right?

796 1:49:27
797 1:49:27

MS. KAWASS: And you said previously, as I read, in plain English, "Like, literally within 15 minutes, they left."

798 1:49:35

JESSICA RODRIGUEZ: They flew, correct.

799 1:49:37

MS. KAWASS: No, no, that's not what you said. "They left, and 15 minutes" — it's the same sentence.

800 1:49:41
801 1:49:42

MS. KAWASS: "Like, this guy flew." In other words, Rivera flew to the house.

802 1:49:46
803 1:49:46

MS. KAWASS: But you clearly said to the detectives back then that Katie and Sigfredo were not there. They left.

804 1:49:53

JESSICA RODRIGUEZ: That's what I wrote, but I don't remember it being like that.

805 1:49:56

JESSICA RODRIGUEZ: Like I said, you know.

806 1:49:58

MS. KAWASS: You'd agree with me?

807 1:49:59

JESSICA RODRIGUEZ: Yeah, that's what I said.

808 1:50:01

MS. KAWASS: Okay. And a recording is something that's much better, obviously, than someone's memory, right?

809 1:50:06
810 1:50:07

MS. KAWASS: Because if it's on the recording, we can listen to ourselves, what you say, and don't have to rely on your memory, correct? Because this is now — that's 2016. This is almost six years since you gave that statement, right?

811 1:50:18
812 1:50:19

MS. KAWASS: And this is the first time that you're testifying in front of anybody about this case, correct? Okay. You actually didn't want to come here today, isn't that true?

813 1:50:27
814 1:50:27

MS. KAWASS: Okay. You said you want nothing more to do with this case, right?

815 1:50:30
816 1:50:31

MS. KAWASS: And the state had to force you to come in here.

817 1:50:33

JESSICA RODRIGUEZ: No, they didn't force me.

818 1:50:36

MS. KAWASS: Okay. Did they explain to you that if you didn't come in and testify, that you could be subject to contempt of court?

819 1:50:41
820 1:50:42

MS. KAWASS: Okay. And what happens if you're found in contempt of court, to your knowledge?

821 1:50:46

JESSICA RODRIGUEZ: Um, I get put in jail. I don't know. Until the trial finishes.

822 1:50:50

MS. KAWASS: Yeah. Okay. Now, now...

823 1:50:59

MS. KAWASS: Luis didn't give you a bunch of cash, right?

824 1:51:02

JESSICA RODRIGUEZ: No, never.

825 1:51:03

MS. KAWASS: Received any money from him, right?

826 1:51:04

JESSICA RODRIGUEZ: From my knowledge, no.

827 1:51:06

MS. KAWASS: And it wouldn't be smart, for example — like, I know Ms. Cappleman said that, oh, you know, he had a bank account and all his legit money went into that bank account from his job, right?

828 1:51:15
829 1:51:16

MS. KAWASS: Okay. He wouldn't put all his drug money into the bank, right?

830 1:51:18

JESSICA RODRIGUEZ: I don't know what he did with his money.

831 1:51:21

MS. KAWASS: It'd be stupid, though, to put your money in the bank, because there's a paper trail, right?

832 1:51:25
833 1:51:28

MS. KAWASS: Okay. Now, the murder happens in 2014. You and Katie remain friends up until Luis is arrested, and that's the time when she and Sigfredo reconciled, in May of 2015, right?

834 1:51:39
835 1:51:40

MS. KAWASS: And during that time, Katie never said anything to you that would indicate that she was involved or knew anything about a homicide in Tallahassee, right?

836 1:51:49

JESSICA RODRIGUEZ: No. Just like how she was — you know, in a re— not in a relationship, but she's the mother of Sigfredo's kids. You are the mother of Luis's kids, right?

837 1:51:57

MS. KAWASS: Yes. He kept things from you, right?

838 1:51:59
839 1:52:00

MS. KAWASS: Okay. He probably kept things from her, right?

840 1:52:02
841 1:52:03

MS. KAWASS: Okay. And it's been said before, "Oh, Katie says something and Sigfredo jumps," right?

842 1:52:09
843 1:52:09

MS. KAWASS: Okay. But if she said, "Stop doing cocaine," that really didn't work, did it? I mean, the more he would do drugs — it was always when they were broken up, right? But the reason they broke up was because of his infidelity, drug use, and alcohol use, right?

844 1:52:23
845 1:52:24

MS. KAWASS: Why'd they break up?

846 1:52:26

JESSICA RODRIGUEZ: I don't know why they broke up. It was — if she didn't get her way in one thing one day, it's over. Okay, she'll kick him out. So, like, if he was on drugs, then she felt like arguing, it's over, she'll kick him out. So it was really — I can't say what they broke up for.

847 1:52:40

MS. KAWASS: No, but you just brought up a point. One of the issues was she didn't want him to do drugs, right?

848 1:52:47
849 1:52:48

MS. KAWASS: But if she said, "Stop doing drugs," he didn't listen to her.

850 1:52:51

JESSICA RODRIGUEZ: He wouldn't — he did at times, but he'd always fall back into it, right?

851 1:52:55

MS. KAWASS: Yes. Whenever she would kick him out the house, and they didn't get back together until Sigfredo straightened up his act. That's how they got back together.

852 1:53:03

JESSICA RODRIGUEZ: I don't know.

853 1:53:12

MS. KAWASS: All right. Now, even... though you were together with Luis all for the entire year up until he gets arrested, you had no idea that he committed a murder, right?

854 1:53:19
855 1:53:20

MS. KAWASS: Okay. He kept that completely from you.

856 1:53:22
857 1:53:23

MS. KAWASS: Because he knows that if you know anything, you could be in trouble.

858 1:53:27

JESSICA RODRIGUEZ: Yeah. Correct.

859 1:53:29

MS. KAWASS: And you told Luis that you were glad that he never involved you, right?

860 1:53:35
861 1:53:35

MS. KAWASS: And he actually told you, "I would never do that. You're the mother of my kids. I would never put you in that situation," correct?

862 1:53:43
863 1:53:44

MS. KAWASS: And you're pretty smart, Jessica, right?

864 1:53:46
865 1:53:48

MS. KAWASS: Yeah. And you have what we call street smarts, right?

866 1:53:51
867 1:53:51

MS. KAWASS: Okay, you've got your wits about you, right?

868 1:53:53
869 1:53:54

MS. KAWASS: So, like you said before, you're nosy.

870 1:53:58

JESSICA RODRIGUEZ: Whatever comes in my house, yeah.

871 1:53:59

MS. KAWASS: And it's because you know you can't trust Luis 100%, so you have to kind of be on your P's and Q's. You said you had to flush drugs once if he brought into your house, right?

872 1:54:08
873 1:54:11

MS. KAWASS: But even though you knew about all of that — Latin King gang member, all of these things — you had no idea that he was involved in this murder.

874 1:54:17
875 1:54:18

MS. KAWASS: Okay. You even had no idea that he was cheating on you that entire time until you heard the wiretaps in his federal case, right?

876 1:54:25

JESSICA RODRIGUEZ: I knew he was cheating. I just didn't know with whom.

877 1:54:27

MS. KAWASS: But you found out?

878 1:54:28

JESSICA RODRIGUEZ: And the wiretaps showed who, yes.

879 1:54:30

MS. KAWASS: Okay. And you had to listen to that?

880 1:54:31
881 1:54:32

MS. KAWASS: Okay. So it's fair to say that Luis, he's always lying, right?

882 1:54:39

JESSICA RODRIGUEZ: When it comes — yeah, in that sense. Not lying, just the cheating.

883 1:54:44

MS. KAWASS: I mean... but he lied to you so he doesn't get in trouble.

884 1:54:47

JESSICA RODRIGUEZ: He wouldn't say yes or no, so I could never tell him if it was a lie or not. He just wouldn't bring it up.

885 1:54:53

MS. KAWASS: Now, while he was in jail in federal — federal is different than state, right?

886 1:55:00

JESSICA RODRIGUEZ: I guess. I've never been to federal prison, so I wouldn't know the difference.

887 1:55:05

MS. KAWASS: No, and I only mean in terms of ability to communicate, because they actually have email, right?

888 1:55:10
889 1:55:11

MS. KAWASS: We don't have email in state or local facilities, but in federal, you can actually email with the inmates, right?

890 1:55:17

JESSICA RODRIGUEZ: Yes, state as well, yes.

891 1:55:19

MS. KAWASS: Okay. Oh, they do that now in state?

892 1:55:21
893 1:55:21

MS. KAWASS: Okay, I didn't know that.

894 1:55:24

MS. KAWASS: Now, your email address back then when you were communicating with Luis in June of 2016 — okay, this is around the time that everyone's getting arrested — it was sienanegron1020@gmail.com, right?

895 1:55:37
896 1:55:38
897 1:55:39
898 1:55:39

MS. KAWASS: And you were using that email to communicate with Luis at the time, right?

899 1:55:43
900 1:55:43

MS. KAWASS: Now, like we discussed — September — June 2nd is the date that these detectives came to see you, right?

901 1:55:53
902 1:55:53

MS. KAWASS: And it already had been out in the media that he was involved in this homicide, right?

903 1:56:00
904 1:56:00

MS. KAWASS: Isn't it true that you told him, "I want you to understand me real good. No matter what, I got your back — front, left, right — completely. No matter what, just know that my actions as of today will be to bring you home. Do you hear me? You are my family, and don't ever think otherwise. Keep your faith in God always, and keep that crown firmly placed on your head."

905 1:56:26

JESSICA RODRIGUEZ: If I wrote it — I always write "I love you" crap whenever I'm drinking and I miss them because of my daughter. But if I wrote it, it's there. Yes. Okay. Do I remember it? No.

906 1:56:40

MS. KAWASS: You want to take a look, or you don't need to?

907 1:56:42

JESSICA RODRIGUEZ: No, you have it on black and white.

908 1:56:42

MS. KAWASS: No further questions.

909 1:56:54

MS. CAPPLEMAN: Redirect.

910 1:57:02

MS. CAPPLEMAN: And you do have his back, right?

911 1:57:05
912 1:57:05

MS. CAPPLEMAN: I mean, he's your child's father.

913 1:57:06
914 1:57:07

MS. CAPPLEMAN: Are you together as we sit here today?

915 1:57:09
916 1:57:10

MS. CAPPLEMAN: Are you planning on resuming your marriage or your relationship upon his release?

917 1:57:14

JESSICA RODRIGUEZ: Definitely not.

918 1:57:17

MS. CAPPLEMAN: Okay. But he will always be the father of your children.

919 1:57:19
920 1:57:19

MS. CAPPLEMAN: And you do care what happens to him.

921 1:57:21

JESSICA RODRIGUEZ: Yes, I do.

922 1:57:22

MS. CAPPLEMAN: Are you willing to lie under oath for him?

923 1:57:24
924 1:57:24

MS. CAPPLEMAN: All right. Did you know that the package delivery that we've been talking about was important before the cops came to you and asked about the package delivery?

925 1:57:34
926 1:57:34

MS. CAPPLEMAN: Did you know that the package delivery had anything to do with this murder before the cops came and asked you?

927 1:57:40

JESSICA RODRIGUEZ: No, not at all.

928 1:57:41

MS. CAPPLEMAN: All right. So when you went to Coleman prison and met with Luis Rivera, did you encourage him to cooperate in this case?

929 1:57:49

JESSICA RODRIGUEZ: I don't think so.

930 1:57:51

MS. CAPPLEMAN: Did you encourage him to work with the police, to tell what he knew, to try to make a deal, anything like that?

931 1:57:56
932 1:57:57

MS. CAPPLEMAN: So you didn't get involved in any of that?

933 1:57:59
934 1:57:59

MS. CAPPLEMAN: All right. Did anybody tell you — did I or anybody tell you what it was you should say here today?

935 1:57:59

JESSICA RODRIGUEZ: No, not at all.

936 1:58:11

MS. CAPPLEMAN: And in determining what date the package delivery business occurred, you mentioned that you got it wrong first. Was there something you had to go back and check on to try to figure out what date the thing occurred?

937 1:58:25

JESSICA RODRIGUEZ: No, just my thoughts and myself to remember.

938 1:58:25

MS. CAPPLEMAN: Okay. And you mentioned something about a move, moving your residences. Was that something that helped you figure out when this occurred?

939 1:58:38
940 1:58:38

MS. CAPPLEMAN: Okay. Because you do know which address this happened at, right?

941 1:58:42
942 1:58:42

MS. CAPPLEMAN: And that was that 135th Street address, right?

943 1:58:46
944 1:58:46

MS. CAPPLEMAN: Okay. And then shortly after that, did you move somewhere else?

945 1:58:50
946 1:58:51

MS. CAPPLEMAN: Was that to the house that you talked about?

947 1:58:52
948 1:58:53

MS. CAPPLEMAN: Okay. And that's the house where you figured out that the dentist was involved in all that stuff?

949 1:58:58
950 1:58:59

MS. CAPPLEMAN: Okay. Why didn't Luis Rivera want them to leave the package with you?

951 1:58:59

JESSICA RODRIGUEZ: Because there was money, apparently. Now I found out it was money, so I would have been — I would have left.

952 1:58:59

MS. CAPPLEMAN: You would have taken the money?

953 1:58:59

JESSICA RODRIGUEZ: I would have taken the money and left, no questions asked.

954 1:58:59

MS. CAPPLEMAN: All right. But you didn't get a chance to look in the bag?

955 1:59:04
956 1:59:04

MS. CAPPLEMAN: All right. Was it unusual for Catherine Magbanua — I mean, did you assume that it was drugs in the bag?

957 1:59:26
958 1:59:27

MS. CAPPLEMAN: And would it have been unusual for Catherine Magbanua to be involved with something like that?

959 1:59:31

JESSICA RODRIGUEZ: Exactly, yes.

960 1:59:32

MS. CAPPLEMAN: Is that why you asked her what's in the bag?

961 1:59:34
962 1:59:34

MS. CAPPLEMAN: And that's because she specifically acknowledged the bag and seemed interested in what was happening with the bag, right?

963 1:59:40
964 1:59:40

MS. CAPPLEMAN: And that was weird.

965 1:59:42

MS. KAWASS: Objection. Leading.

966 1:59:43
967 1:59:43

JUDGE WHEELER: All right, these are leading questions. Let's keep that in mind, please.

968 1:59:46

MS. CAPPLEMAN: Was it weird that she seemed interested in what happened with a bag of drugs?

969 1:59:50
970 2:00:05

MS. CAPPLEMAN: Okay. Was it a situation where Catherine Magbanua was asking what's in the bag, or you were asking what's in the bag?

971 2:00:12

JESSICA RODRIGUEZ: I asked her what was in the bag.

972 2:00:14

MS. CAPPLEMAN: Okay. And she said "I don't know"?

973 2:00:17
974 2:00:17

MS. CAPPLEMAN: So that's what she told you?

975 2:00:19
976 2:00:19

MS. CAPPLEMAN: But she didn't ask what was in the bag?

977 2:00:21
978 2:00:21

MS. CAPPLEMAN: No further questions.

979 2:00:21

JUDGE WHEELER: All right. We can release the witness.

Procedural Midmorning Recess and Trooper Downing Logistics Note
980 2:00:30

JUDGE WHEELER: Okay, we're gonna take our break now, about a 15-minute break, let you use the facilities and stretch your legs. And so we'll be back to resume the testimony in about 15 minutes. Okay. Definitely take the jury out.

981 2:01:15

JUDGE WHEELER: The jury's out of the courtroom. The door is closed. We'll be in recess for 15 minutes. Start back up with the testimony then.

982 2:01:21
983 2:21:52

JUDGE WHEELER: Okay. Any issues before we bring the jury in? Ms. Cappleman?

984 2:21:55
985 2:21:56

JUDGE WHEELER: From the defense?

986 2:21:57

MR. DECOSTE: Just to let the court know, anticipating that the government is going to be resting their case sometime soon, there's a witness, an FHP trooper, Trooper Downing, that we had subpoenaed in April. We have emailed him and called his — I think it's "barracks" is the best way to refer to it. We have not heard back. I've asked Ms. Cappleman; I think that they have a direct number for the trooper to make sure that he's here so that we're not wasting court and your time.

987 2:21:57

JUDGE WHEELER: All right, Ms. Cappleman, do you have a number for the trooper? Okay, if you could provide that, and that would make it easy for everyone. Okay, let's bring the jury in.