2.Jessica Rodriguez — Direct/Cross/Redirect
1,119 linesJUDGE WHEELER: Have a good day. The State may call its next witness.
MS. CAPPLEMAN: The State calls Jessica Rodriguez.
JUDGE WHEELER: Jessica Rodriguez, please.
(Pause. )
JUDGE WHEELER: Good morning.
ELIZABETH RICHEY: Good morning.
JUDGE WHEELER: If you would, come up to the witness stand, please. Before you have a seat, we're going to swear you in. Please raise your right hand and respond to the clerk.
whereupon, JESSICA RODRIGUEZ was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE WHEELER: Please have a seat.
Ms. Cappleman, could you retrieve these other items, or are you going to use them with this witness?
MS. CAPPLEMAN: Oh, yes, sir. I'm sorry.
JUDGE WHEELER: All right. I just need you to speak loud and clear into that microphone, okay?
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Ma'am, please introduce yourself and spell your name.
JESSICA RODRIGUEZ: Good morning. I'm Jessica Rodriguez, J-E-S-S-I-C-A, R-O-D-R-I-G-U-E-Z.
MS. CAPPLEMAN: where do you live, Ms. Rodriguez?
JESSICA RODRIGUEZ: Currently New Port Richey.
MS. CAPPLEMAN: All right. And are you employed?
JESSICA RODRIGUEZ: Yes.
MS. CAPPLEMAN: How are you employed?
JESSICA RODRIGUEZ: I'm a nail technician.
MS. CAPPLEMAN: How long have you been working as a nail tech?
JESSICA RODRIGUEZ: Since I was 15.
MS. CAPPLEMAN: All right. And have you ever been convicted of a felony?
JESSICA RODRIGUEZ: Yes, I have.
MS. CAPPLEMAN: How many?
JESSICA RODRIGUEZ: Three to my knowledge.
MS. CAPPLEMAN: All right. Do you know the Defendant in this case, Katherine Magbanua?
JESSICA RODRIGUEZ: Yes, I do.
MS. CAPPLEMAN: How do you know her?
JESSICA RODRIGUEZ: She was Tuto's wife, a friend.
MS. CAPPLEMAN: who is Tuto?
JESSICA RODRIGUEZ: Garcia.
MS. CAPPLEMAN: Sigfredo Garcia?
JESSICA RODRIGUEZ: Yes.
MS. CAPPLEMAN: All right. And you knew her as his wife?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: Do you know whether they were legally married?
JESSICA RODRIGUEZ: Not to my knowledge.
MS. CAPPLEMAN: Meaning they were not, or you just don't know either way?
JESSICA RODRIGUEZ: I don't know.
MS. CAPPLEMAN: Okay. But they were always together as husband and =wife --
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: -- or lived together as husband and wife?
JESSICA RODRIGUEZ: Yes, correct.
MS. CAPPLEMAN: Okay. And that was during the time that you were friends with them?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: when did you become friends with them?
JESSICA RODRIGUEZ: Basically the whole relationship that I had with Rivera. Later on, once I got pregnant, I started being around more.
MS. CAPPLEMAN: All right. How do you know Rivera?
JESSICA RODRIGUEZ: He's the father of my daughter.
MS. CAPPLEMAN: All right. And that's Luis Rivera?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: Okay. And so you said around the time that you became pregnant. What year was that?
JESSICA RODRIGUEZ: 2013.
MS. CAPPLEMAN: All right. That's when you became good friends with Katherine Magbanua?
JESSICA RODRIGUEZ: More with her being around, yes.
MS. CAPPLEMAN: All right. And what about Sigfredo Garcia? was it the same with him?
JESSICA RODRIGUEZ: No. I've known him since -- as long as L've known Rivera.
MS. CAPPLEMAN: How long is that?
JESSICA RODRIGUEZ: About 12 years.
MS. CAPPLEMAN: All right. So you've been friends with Garcia much longer than Katherine Magbanua?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: Okay. Did you know her longer than that before you --
MS. CAPPLEMAN: Okay. So you just became friends with her in 2013?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: Okay. were you close friends around the time that you were pregnant in 2013?
JESSICA RODRIGUEZ: To my knowledge, I thought I was, yes.
MS. CAPPLEMAN: All right. And did you remain friendly with her up until, I guess, kind of 2015, 2016 --
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: -- you guys fell out a little bit?
JESSICA RODRIGUEZ: Yes.
MS. CAPPLEMAN: All right. And what was the falling out about?
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 the federal case from Rivera prior -- and never answered. Said she would call me back. Never called me back. Then I get a response -- a call back from --
MS. CAPPLEMAN: All right. Don't tell us what the response is. But basically associated with you being in the dark on this case --
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: -- is how y'all fell out?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: Okay. And I want to ask you a little bit more about Mr. Rivera. Does he have a nickname?
JESSICA RODRIGUEZ: Yes.
MS. CAPPLEMAN: what does he go by?
JESSICA RODRIGUEZ: Tato.
MS. CAPPLEMAN: All right. And I want to ask you specifically about an incident that occurred. 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?
JESSICA RODRIGUEZ: Yes.
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?
JESSICA RODRIGUEZ: It's an apartment building, like your normal ones.
MS. CAPPLEMAN: All right. would you describe it as a lavish apartment building?
MS. CAPPLEMAN: when you were living with Mr. Rivera as a family, did you have a lot of money?
MS. CAPPLEMAN: Did you -- were you working as a nail tech at that time?
JESSICA RODRIGUEZ: Yes, I always worked.
MS. CAPPLEMAN: All right. And was he employed with Coastal Masonry during the time you were together?
JESSICA RODRIGUEZ: Yes, correct.
MS. CAPPLEMAN: Yes -- let me get my question out first. And then --
JESSICA RODRIGUEZ: sorry.
MS. CAPPLEMAN: It's okay.
JESSICA RODRIGUEZ: I'm nervous.
MS. CAPPLEMAN: All right. So you were both working. was money a problem or not a problem?
JESSICA RODRIGUEZ: Yes, it was a problem.
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?
MS. CAPPLEMAN: Okay. Did Mr. Rivera keep his money in the bank?
MS. CAPPLEMAN: Okay. What about his -- did he have a bank account at all?
JESSICA RODRIGUEZ: Yes, he did.
MS. CAPPLEMAN: All right. What was the purpose of the bank account?
JESSICA RODRIGUEZ: For his direct deposits from his job.
MS. CAPPLEMAN: Okay. So he did keep at least a paycheck in the bank for some period of time?
JESSICA RODRIGUEZ: Correct, yes.
MS. CAPPLEMAN: Did Mr. Rivera have any connection to Tallahassee that you know of before this case?
MS. CAPPLEMAN: How would you describe the relationship between Luis Rivera and Sigfredo Garcia?
JESSICA RODRIGUEZ: Brothers, inseparable.
MS. CAPPLEMAN: All right. what about the relationship between Sigfredo Garcia and Katherine Magbanua?
JESSICA RODRIGUEZ: Toxic. They would -- on and off a lot.
MS. CAPPLEMAN: All right. And do you know who Charlie Adelson is?
JESSICA RODRIGUEZ: Now, yes.
MS. CAPPLEMAN: Okay. what about back at the time of this case, the events we are here about? Did you know his name at that time?
JESSICA RODRIGUEZ: No, I didn't know him by his name.
MS. CAPPLEMAN: Did you know that Katherine Magbanua was seeing a dentist?
MS. CAPPLEMAN: were you familiar with Sigfredo Garcia's feelings about her seeing the dentist?
MS. CAPPLEMAN: How did he feel about it?
JESSICA RODRIGUEZ: He didn't like it. But they were separated, and he was in a different relationship.
MS. CAPPLEMAN: who was he in a relationship with?
JESSICA RODRIGUEZ: with Shrimp.
MS. CAPPLEMAN: All right. And is that -- do you know her real name?
JESSICA RODRIGUEZ: No, I don't.
MS. CAPPLEMAN: Okay. How did -- if you know, how did Katherine Magbanua feel about Garcia's relationship with Shrimp?
JESSICA RODRIGUEZ: Oh, she hated it.
MS. CAPPLEMAN: Okay. So they had moved on, but they were both mad about who the other one was dating?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: All right. 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?
MS. CAPPLEMAN: So he did not confide that information in you?
MS. CAPPLEMAN: Are you surprised that he didn't tell you that he was hired to do a murder?
MS. CAPPLEMAN: You are?
JESSICA RODRIGUEZ: I am surprised.
MS. CAPPLEMAN: All right. And afterwards did he ever tell you any details about the murder?
MS. CAPPLEMAN: when was your youngest child born?
JESSICA RODRIGUEZ: June of 2014.
MS. CAPPLEMAN: All right. And do you remember a short time after her birth when Rivera told you he was going out of town?
MS. CAPPLEMAN: Did he tell you he was coming to Tallahassee?
MS. CAPPLEMAN: where did he say he was going?
JESSICA RODRIGUEZ: That he was just going out of town to get drugs, and that's it.
MS. CAPPLEMAN: Did he tell you he was going up north?
MS. CAPPLEMAN: All right. Did he tell you he was going to doa murder?
MS. CAPPLEMAN: Did he tell you who he was going with?
JESSICA RODRIGUEZ: with Tuto.
MS. CAPPLEMAN: And that's Sigfredo Garcia?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: Do you know what car they took on that trip?
JESSICA RODRIGUEZ: No, not to my knowledge. Not that I remember.
MS. CAPPLEMAN: Do you know how long they were gone?
JESSICA RODRIGUEZ: A couple of days, because I just had my daughter.
MS. CAPPLEMAN: All right. And so that would be a couple of days shortly after you had your daughter, which was June 27th of "14; is that right?
JESSICA RODRIGUEZ: Correct, yes.
MS. CAPPLEMAN: All right. And they actually took two trips to Tallahassee, as we learned. Were you aware that there were two trips?
MS. CAPPLEMAN: You only knew about the one trip?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: Did you ever see him in possession of a green Prius?
MS. CAPPLEMAN: Okay. And was that around the time of that trip?
JESSICA RODRIGUEZ: I don't remember.
MS. CAPPLEMAN: Okay. After your child was born -- so similar to the time frame I'm talking about -- I'm 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?
MS. CAPPLEMAN: who brought the package?
JESSICA RODRIGUEZ: Tuto came knocking on the door. He brought the package.
MS. CAPPLEMAN: All right. And was there anybody else present when Tuto brought the package?
JESSICA RODRIGUEZ: Yes. Katie.
MS. CAPPLEMAN: who else? Katie --
MS. CAPPLEMAN: -- is that Katherine Magbanua?
JESSICA RODRIGUEZ: Yes, ma'am.
MS. CAPPLEMAN: Do you see that person in the courtroom today --
JESSICA RODRIGUEZ: I do.
MS. CAPPLEMAN: -- that came to bring the package? who is that? Can you just point and describe what she's wearing?
JESSICA RODRIGUEZ: Sure. She's over there with the white shirt, glasses, and a black vest.
MS. CAPPLEMAN: Okay. And we've got two of those.
JESSICA RODRIGUEZ: Okay.
MS. CAPPLEMAN: The one in between two lawyers?
JESSICA RODRIGUEZ: The one in between the two lawyers.
MS. CAPPLEMAN: All right. Thank you.
MS. KAWASS: Judge, I have no objection. Let the record reflect that she has identified Ms. Magbanua.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So this is -- you can say this was in the summer of 2014 within, can we say, a month of your youngest child's birth?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: Okay. And when this package was delivered, did both "Tuto" Sigfredo Garcia and Katherine Magbanua, the Defendant -- did both of them come into your residence?
MS. CAPPLEMAN: Okay. Tell us about that.
JESSICA RODRIGUEZ: So Tuto knocked on the door, and I opened it. He came in. He said he had a package for "T" -- 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.
MS. CAPPLEMAN: So she did come in and see the baby?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: All right. And at some point, did you call Luis Rivera to tell him they were there?
MS. CAPPLEMAN: All right. And do you remember what phone number you called him from?
JESSICA RODRIGUEZ: No. I had so many numbers back then.
MS. CAPPLEMAN: Have you had quite a few phone numbers?
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?
MS. CAPPLEMAN: All right. And are you refreshing your recollection with something?
JESSICA RODRIGUEZ: Yes. My notes, yes.
MS. CAPPLEMAN: All right. So you made some notes about some prior phone numbers you had?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Your Honor, I am going to object. I have never received any notes. I have no idea what she's looking at.
JUDGE WHEELER: All right. Ma'am, so 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, okay?
JESSICA RODRIGUEZ: Okay. No problem.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Ma'am, law enforcement had that phone number associated with an Anthony Ortiz. Do you know who that is?
MS. CAPPLEMAN: Is Mr. Ortiz -- is he dead, as we sit here today?
MS. CAPPLEMAN: Okay. Do you know when he died?
JESSICA RODRIGUEZ: A couple of years ago. That's all I know.
MS. CAPPLEMAN: All right. And do you know why your phone number was also associated with Anthony Ortiz in a law enforcement database?
JESSICA RODRIGUEZ: I have no idea.
MS. CAPPLEMAN: Okay. So you didn't share a phone with Anthony ortiz?
MS. CAPPLEMAN: who was Anthony Ortiz to Luis Rivera?
JESSICA RODRIGUEZ: A friend.
MS. CAPPLEMAN: Okay. would you describe their relationship as Ortiz being kind of like a do-boy to Luis Rivera?
MS. CAPPLEMAN: All right. But that phone number ending in 3720 was your phone number at the time of these events that we were just talking about?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: All right. And that phone number is in Katherine Magbanua's phone as Jessica Flaca. Do you go by --
MS. KAWASS: Objection. Speculation.
JUDGE WHEELER: She can ask the question. Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Do you go by Jessica Flaca?
MS. CAPPLEMAN: what is Flaca?
JESSICA RODRIGUEZ: It means slim.
MS. CAPPLEMAN: Okay. Is that a nickname?
JESSICA RODRIGUEZ: when I was younger, yes.
MS. CAPPLEMAN: All right. Did Mr. Rivera arrive to get this package?
MS. CAPPLEMAN: All right. And did you look inside the package?
MS. CAPPLEMAN: Can you describe --
JESSICA RODRIGUEZ: I didn't have time.
MS. CAPPLEMAN: Describe the package for the jury.
JESSICA RODRIGUEZ: It was a bag, like a plastic bag. I don't know what was inside. It kind of looked like a brick, like drugs, you know, when they wrap up, like, cocaine and stuff like that, and that's what it -- yeah.
MS. CAPPLEMAN: But it was wrapped up in something outside, so you couldn't see what was in it?
JESSICA RODRIGUEZ: Yeah, in 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.
MS. CAPPLEMAN: All right. And during the time that Katherine Magbanua was coming up to see the baby, did she ever acknowledge the package or say anything about the package?
MS. CAPPLEMAN: what did she say about the package?
JESSICA RODRIGUEZ: Basically, did -- you know, to my knowledge, if I remember correctly, Did you give him the package? But Tato wasn't there.
MS. CAPPLEMAN: Okay. So he hadn't arrived yet when she made the statement?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: Okay. And so who is she asking, Did you give him the package?
JESSICA RODRIGUEZ: Tuto.
MS. CAPPLEMAN: All right. And did she seem like -- what was her demeanor like? How she was acting?
JESSICA RODRIGUEZ: She was fidgety, like in a rush.
MS. CAPPLEMAN: what do you mean by “in a rush"? Did she say anything to indicate she was in a rush?
MS. CAPPLEMAN: Okay. But she just was acting like what? Like she was ready to get out of there?
JESSICA RODRIGUEZ: Yeah.
MS. CAPPLEMAN: All right. And just to clarify, she specifically asked Garcia something to the effect of, Did you give him the = package?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: All right. At this time -- I know you said they have been on and off, on and off all the time. But at this time that the package was delivered, was it weird that Katherine Magbanua and Sigfredo Garcia were together?
JESSICA RODRIGUEZ: Not to my recollection.
MS. CAPPLEMAN: Okay. So they were together at that time, to your knowledge?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: All right. And what about the whole -- they got back together at the Pacquiao fight? was that something that occurred later?
MS. CAPPLEMAN: Okay. So your recollection is that they were together at the time of the package delivery. And then what? Off again before the fight?
JESSICA RODRIGUEZ: Yes, they were very on and off.
MS. CAPPLEMAN: Okay. And what about the dentist? was he in or out at the time of the package drop?
JESSICA RODRIGUEZ: I don't remember. I think at that moment, with the address that I lived at -- I didn't know about him until my -- the following address after that.
MS. CAPPLEMAN: Okay. So you're not sure you even knew about the dentist at this point?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: All right. And what about Shrimp? was she in the picture at this point to your knowledge?
JESSICA RODRIGUEZ: To my knowledge, I don't remember.
MS. CAPPLEMAN: Okay. So could there have been some overlap between Shrimp and Katie? Also some overlap between Garcia and the dentist?
JESSICA RODRIGUEZ: There could be, yes.
MS. CAPPLEMAN: So it was all sort of -- I mean, you don't have the dates of when they were together and not together?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: Okay. Are you able to tell the jury that there was a reconciliation that occurred between Magbanua and Garcia at the Pacquiao fight on May 2nd, 2015?
MS. CAPPLEMAN: Okay. And do you know if they stayed together from that time up until the arrests in this case?
JESSICA RODRIGUEZ: I believe so.
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?
JESSICA RODRIGUEZ: No, it was the first time.
MS. CAPPLEMAN: And when you are thinking about the relationship between Katherine 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?
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.
MS. CAPPLEMAN: Okay. Do you remember giving a deposition back on February 15th, 2019?
MS. CAPPLEMAN: And I'm referencing page 148, lines 19 through 23. Did you previously say, Katie knew everything that --
MS. KAWASS: Objection. Improper impeachment.
JUDGE WHEELER: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you previously say, Katie knew everything that Tuto did when it came to bad stuff, everything?
JESSICA RODRIGUEZ: I do remember.
MS. CAPPLEMAN: Okay. And is that a true statement?
JESSICA RODRIGUEZ: when it comes to that, yes.
MS. CAPPLEMAN: All right. No further questions.
JUDGE WHEELER: Cross-examination?
MS. KAWASS: Yes, Your Honor.
CROSS-EXAMINATION BY MS. KAWASS:
MS. KAWASS: Good morning, Ms. Rodriguez.
JESSICA RODRIGUEZ: Good morning.
MS. KAWASS: It's been a while. How are you?
JESSICA RODRIGUEZ: Good. And yourself?
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, okay? I want to start by talking about the relationship you had with Katherine back in 2013. You became pretty close, like you said, with Katie when she -- when you became pregnant, right?
MS. KAWASS: So that was in 2013?
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?
JESSICA RODRIGUEZ: Correct, as a friend.
MS. KAWASS: As a friend. Now, around that time, you'd say you guys kind of bonded over the fact of your both being mothers, correct?
MS. KAWASS: Okay. You'd have playdates with the kids sometimes?
MS. KAWASS: And you have one child with Luis?
MS. KAWASS: And he has other children, though, with other women, correct?
JESSICA RODRIGUEZ: with one more woman, yes, correct.
MS. KAWASS: Okay. Is that Annie Diaz?
MS. KAWASS: Okay. And how many children does he have with her?
MS. KAWASS: How old are they?
MS. CAPPLEMAN: Objection. Relevance.
JUDGE WHEELER: Overruled, if you know.
JESSICA RODRIGUEZ: In their 20s.
BY MS. KAWASS:
MS. KAWASS: Okay. They are older, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: And wasn't Mr. Rivera in a relationship with that woman when he was a teenager?
MS. CAPPLEMAN: Objection. Relevance.
JUDGE WHEELER: Overruled.
BY MS. KAWASS:
MS. KAWASS: Yes?
MS. KAWASS: Okay. Now, you and Annie aren't friends, are you?
JESSICA RODRIGUEZ: we're not friends, no.
MS. KAWASS: Okay. Do you guys get along?
JESSICA RODRIGUEZ: Now we do, yes.
MS. KAWASS: Okay. But back then, you didn't?
JESSICA RODRIGUEZ: Somewhat, you could say.
MS. KAWASS: Okay. What didn't -- do you know where Annie lived at the time?
MS. KAWASS: was that 1805 Normandy Drive?
MS. KAWASS: Okay. So that address that is on Luis Rivera's driver's license is her address?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: All right. Now, you would agree with me that Sigfredo and Katie were constantly breaking up and getting back together?
MS. KAWASS: And at the time that you were pregnant, you stated that she and Sigfredo were in a serious separation, correct?
JESSICA RODRIGUEZ: I don't remember.
MS. KAWASS: You don't remember?
JESSICA RODRIGUEZ: If you have it, I would like to see it.
MS. KAWASS: Oh, sure. All right. I'm referring to her deposition, page 16 -- wait. Hold on one second. Oh, sorry. Page 14.
Your Honor, may I approach?
JUDGE WHEELER: You may.
MS. KAWASS: Thank you.
BY MS. KAWASS:
MS. KAWASS: Beginning at line 13.
JESSICA RODRIGUEZ: Okay.
MS. KAWASS: Thank you. Has your memory been refreshed?
JESSICA RODRIGUEZ: Yes, it has.
MS. KAWASS: So at the time you were pregnant, she and Sigfredo were in a serious separation, correct?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Now, your daughter was born, like you said, on June 27th?
JESSICA RODRIGUEZ: 27th, yes.
MS. KAWASS: Now, you weren't immediately released from the hospital; isn't that true?
MS. KAWASS: How long did you stay in the hospital because you had complications with your birth?
JESSICA RODRIGUEZ: About a week.
MS. KAWASS: So you stayed -- you weren't released from the hospital with the baby until -- way until July -- not "way until," but a week from June 27th?
JESSICA RODRIGUEZ: Yes, before July 4th.
MS. KAWASS: Okay. Now, one of the issues that you know that Katie had with Sigfredo -- because you had described their relationship as toxic, right?
MS. KAWASS: -- was his constant drinking?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. You're fully aware of how much alcohol Sigfredo Garcia would drink, right?
MS. KAWASS: And Katie did not approve of how much he would drink?
MS. KAWASS: He always drank in excess, right?
JESSICA RODRIGUEZ: She or he?
MS. KAWASS: He.
JESSICA RODRIGUEZ: Oh, yes, yes.
MS. KAWASS: And it's not just alcohol that he would consume. He also did a lot of cocaine, right?
JESSICA RODRIGUEZ: Correct.
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?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Including the mother of his kids?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Now, Katie, as far as you knew, did not approve of the drug use either?
MS. KAWASS: The drinking and the drugs, not allowed around her?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: And this is one of the reasons why she would constantly kick him out of the house, right?
JESSICA RODRIGUEZ: To my knowledge.
MS. KAWASS: Because the alcohol and the cocaine -- it also contributed to the fact that he wasn't around to help her with the kids, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: You knew of times when she would be calling and calling, and he would just not pick up the phone?
JESSICA RODRIGUEZ: Yes, correct.
MS. KAWASS: Okay. And, also, he couldn't hold down a job?
JESSICA RODRIGUEZ: I don't know that part.
MS. KAWASS: Okay. But you didn't know him to have a steady job like how Luis had a steady job?
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?
JESSICA RODRIGUEZ: I believe so, yes.
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?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: All right. Now, she worked as a stripper and a pole dancer, right?
JESSICA RODRIGUEZ: I don't know.
MS. KAWASS: Okay. It is also -- did you know she was also a prostitute?
JESSICA RODRIGUEZ: From what I was told, allegedly, I guess.
MS. KAWASS: So this is another thing that Katherine -- if he was staying with a prostitute -- didn't want her kids around, right?
MS. KAWASS: No, she wouldn't want that?
JESSICA RODRIGUEZ: No. Like, she's had her kids around both of them.
MS. KAWASS: No. Understood. But if she's not around drugs -- because Shrimp used drugs too, right?
JESSICA RODRIGUEZ: Correct.
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?
MS. KAWASS: And she also talked to you about her relationship with her boss, Charlie, right?
MS. KAWASS: So you knew his name?
JESSICA RODRIGUEZ: No, I didn't know his name until after.
MS. KAWASS: Okay. And she talked to you about him, though? That she was dating this guy?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: It wasn't a secret. And around the time of your baby shower for your daughter, that was around February, March of 2014, right?
JESSICA RODRIGUEZ: I don't remember.
MS. KAWASS: Okay. would looking at your deposition refresh your recollection?
JESSICA RODRIGUEZ: Sure.
MS. KAWASS: I'm referring the Court and counsel to page 27 of her deposition. Your Honor, may I approach?
JUDGE WHEELER: You may. += BY MS. KAWASS:
MS. KAWASS: Beginning at line 5, same thing; just read to yourself.
JESSICA RODRIGUEZ: Okay. Yes.
MS. KAWASS: Has your memory been refreshed?
MS. KAWASS: Okay. So it was around February, March -- the baby shower?
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. we're talking about eight years ago.
MS. KAWASS: But we can agree that it was close to --
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: You were showing at that time, right?
MS. KAWASS: All right. And she was over Tuto at that time -- Sigfredo?
MS. KAWASS: And she actually said to you that she was seeing someone from work? Those are the words that she used?
MS. KAWASS: She didn't say that to you?
MS. KAWASS: Okay. Do you remember giving a deposition in this case?
JESSICA RODRIGUEZ: Yes, I do.
MS. KAWASS: Okay. I was present?
MS. KAWASS: Mr. DeCoste was present. Ms. Cappleman was pregnant -- was present. I'm sorry. I'm so sorry. I hope I'm not jinxing you. A court reporter was present, and she was taking down everything that you said at the time, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: You swore to tell the truth, the whole truth, and nothing but the truth, just like you did today?
JESSICA RODRIGUEZ: Correct, yes.
MS. KAWASS: Okay. So I'm going to start at -- I want to give it context, but I don't want to -- okay. So I'm going to 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."
JESSICA RODRIGUEZ: Yes. But the way you're saying it to me, it was as if it was during the baby shower, and it wasn't.
MS. KAWASS: Oh, no. I'm just talking around that general time, not exactly at --
JESSICA RODRIGUEZ: It doesn't during that general time. It was further on -- it was later on after I had already my youngest daughter.
MS. KAWASS: So you're saying you only knew that she was dating Charlie after you had the baby?
MS. KAWASS: So you didn't know she was --
JESSICA RODRIGUEZ: For my second address, correct.
MS. KAWASS: Okay. So she wasn't dating Charlie, to your knowledge --
JESSICA RODRIGUEZ: To my knowledge, I did not know, no.
MS. KAWASS: -- at the time of the -- what you're testifying to today occurred in July?
JESSICA RODRIGUEZ: In July, I did. See, this is what I'm trying to -- you're still on the baby shower. The baby shower happened way before I had my daughter.
MS. KAWASS: Okay.
JESSICA RODRIGUEZ: 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.
MS. KAWASS: Right. But you were at the old address when you say that she and Tuto came and dropped the package to your house?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: So she didn't tell you she was dating him until after that?
MS. KAWASS: Around the time that she actually broke up with him?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. Now, even though you knew -- oh, wait. Now, at some point, too, didn't Sigfredo tell you that -- She left me for her boss?
MS. KAWASS: Okay. That she was with him and that she worked for him?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. Sigfredo also knew Charles's name, right?
JESSICA RODRIGUEZ: Not to my knowledge.
MS. KAWASS: Okay. Do you remember giving a statement -- well, do you remember giving a statement to the police on October 2nd of 2016?
JESSICA RODRIGUEZ: I remember them going to my job.
MS. KAWASS: Not that one. The one after Luis cooperated.
JESSICA RODRIGUEZ: Refresh my memory. It's been so long.
MS. KAWASS: Remember Detective Isom and Agent Sanford came to your apartment the day after Katherine Magbanua was arrested?
JESSICA RODRIGUEZ: It was the house, not the apartment. Correct, yes.
MS. KAWASS: And his sister was there with you. Remember that?
JESSICA RODRIGUEZ: I don't remember.
MS. KAWASS: Okay. And they were in your house, and they recorded your entire statement?
JESSICA RODRIGUEZ: They went in -- correct. Yes, it was my house. It wasn't an apartment. Correct.
MS. KAWASS: Okay. And page 86 -- you knew you were being recorded, right?
MS. KAWASS: Okay. You knew that the officers were there because they were investigating this case?
MS. KAWASS: You had actually already told them that you would help Luis at that point, right?
JESSICA RODRIGUEZ: Help Luis? How?
MS. KAWASS: Providing information to Sherrie Bennett the day before Katie was arrested. we're going to get to that.
JESSICA RODRIGUEZ: I don't know who Sherrie Bennett is.
MS. KAWASS: The officer that called you on the phone.
JESSICA RODRIGUEZ: Okay.
MS. KAWASS: Okay. But that happened before, but we are going to get to that.
All right. But as it relates to this, you actually told the officers, on page 86 to 87 --
MS. CAPPLEMAN: I don't have an 86 from the 10-2.
(Pause. )
BY MS. KAWASS:
MS. KAWASS: And Investigator Isom said: Did he ever say that it was the Charlie guy?
Jessica Rodriguez: Yeah, he'll be, like -- pardon my language, Judge -- he'll be like, Fuck that Charlie ass N-word. Like, you know, he'll -- he knew his name.
JESSICA RODRIGUEZ: Can I speak now?
MS. KAWASS: Yeah.
JESSICA RODRIGUEZ: Okay. 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.
MS. KAWASS: Correct. But the statement that you gave to the detective was: He knew his name.
JESSICA RODRIGUEZ: Yes, after.
MS. KAWASS: But I'm just asking if 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.
MS. KAWASS: Okay. Now, the way Katie -- whenever she talked to you about Charles, she didn't talk to him like it was a serious relationship, right?
JESSICA RODRIGUEZ: To my knowledge, we only spoke maybe once or twice about it.
MS. KAWASS: But it wasn't anything serious? Just casual?
JESSICA RODRIGUEZ: It was quick. Tuto was outside.
MS. KAWASS: Okay. So while Sigfredo is outside at your house, she talked to you inside about Charlie?
MS. KAWASS: when did that happen?
JESSICA RODRIGUEZ: It was a playdate, and he showed up. I think -- I'm not sure if it was a playdate. Let me correct that, because I don't want to say something that I don't remember.
It was either a playdate or they were super separated. And sometimes she would drop off the kids there, and he would pick them up.
MS. KAWASS: Oh, so your house was somewhat like a drop-off point kind of?
JESSICA RODRIGUEZ: Sometimes.
MS. KAWASS: Even though they weren't together?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: This was at the old apartment?
JESSICA RODRIGUEZ: No, at the house.
MS. KAWASS: At the house, okay. So there would be times that even though they weren't speaking, that they would arrange to have a neutral place for Sigfredo to come and pick up the kids?
JESSICA RODRIGUEZ: No. It was just wherever Tuto was at at the moment, and he was always in my house.
MS. KAWASS: Okay. So -- but you're saying that they were separated, and then they would be at your house at the same time?
JESSICA RODRIGUEZ: Yeah.
MS. KAWASS: Okay. Now, you know Katie was working in the club scene in Miami, right?
MS. KAWASS: Okay. She had a job promoting liquors. You know about that?
MS. KAWASS: She was -- and this was in 2014?
JESSICA RODRIGUEZ: I don't remember the year.
MS. KAWASS: Okay. would showing your deposition refresh your recollection?
JESSICA RODRIGUEZ: Yes, great.
MS. KAWASS: Page 36. Your Honor, may I approach?
JUDGE WHEELER: Yes.
MS. KAWASS: Thank you.
BY MS. KAWASS:
MS. KAWASS: You can start up here.
JESSICA RODRIGUEZ: Okay, yeah.
MS. KAWASS: Thank you. So she was doing these jobs in 2014, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: You actually saw her doing the jobs once at the liquor club -- doing the liquor stuff, right?
MS. KAWASS: Did you ever see her working at the club?
MS. KAWASS: You never actually saw her -- you never went out and saw her working at the club?
JESSICA RODRIGUEZ: Not to my recollection, no.
MS. KAWASS: were you guys friends on Facebook?
MS. KAWASS: Did you see pictures of her posting when she would post that she was working?
JESSICA RODRIGUEZ: I believe so, yes.
MS. KAWASS: Okay. Now, being a bottle girl in Miami -- and I hate saying that, but doing that kind of job in Miami -- you know, you've lived there most of your life?
MS. KAWASS: Okay. And that is a job that you can make some cash in, right?
JESSICA RODRIGUEZ: I wouldn't know. I've never worked one.
MS. KAWASS: You've only done nails since you've been a teenager?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: All right. Now, let's talk about Luis Rivera. You were in a relationship with Luis Rivera for nine years, correct?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: And he is the father of your youngest daughter?
MS. KAWASS: And you are still in a relationship in June to July of 2014 when they are saying that all of this stuff took place, right?
MS. KAWASS: Now, I want to talk about his family. He's very close with all of his family members?
MS. KAWASS: Three bothers, two sisters?
JESSICA RODRIGUEZ: correct.
MS. KAWASS: And he's very close with his mother, right?
MS. KAWASS: Takes good care of her?
MS. KAWASS: Gives her a lot of money?
JESSICA RODRIGUEZ: I wouldn't know.
MS. KAWASS: Okay. He doesn't give you money, right?
JESSICA RODRIGUEZ: No, he doesn't.
MS. KAWASS: Or never did?
JESSICA RODRIGUEZ: At that moment, no.
MS. KAWASS: No, okay. And he's very close to his sister Maria, right?
JESSICA RODRIGUEZ: He's close to all his siblings.
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?
JESSICA RODRIGUEZ: I believe I have told you that.
MS. KAWASS: Okay. You described her as Luis's confidant?
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. cConfidant in the sense of holding his secrets in 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."
MS. KAWASS: Oh, okay. So that she would keep all the bad things that she knew would upset you from you?
JESSICA RODRIGUEZ: No. She was just his sister, just like I am with mine. If she's cheating, I'm not going to tell the world, Hey, she's cheating.
MS. KAWASS: Okay. So if -- for example, if he was doing anything wrong that you wouldn't have approved of, she is not going to tell on her brother, right?
JESSICA RODRIGUEZ: Luis does everything wrong in front of whoever; so he doesn't keep secrets, just cheating.
MS. KAWASS: But you didn't know about the murder he committed, though, right?
JESSICA RODRIGUEZ: No, correct.
MS. KAWASS: Okay. So he was good at keeping that from you?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: And you were very close to him, right?
MS. KAWASS: You had no idea that he went up on a trip in June, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: And you had no idea that he went and committed a murder in July --
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: -- of a father of two boys?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. Now, back in 2014, Luis worked full time construction, right?
MS. KAWASS: But that wasn't his only source of income?
MS. KAWASS: Okay. He sold cocaine, right?
MS. KAWASS: Now, I know Ms. Cappleman tried to make it seem like he is some drug lord from Columbia that is making millions of dollars, but that wasn't the nature of his operation, right?
MS. KAWASS: He's a low-level drug dealer?
MS. KAWASS: Okay. I mean, did he sell drugs in front of you?
JESSICA RODRIGUEZ: On multiple occasions, yes.
MS. KAWASS: Okay. Did he sell bricks of cocaine, or did he --
MS. KAWASS: No. Is he breaking it down to street-level sales?
JESSICA RODRIGUEZ: Yeah.
MS. KAWASS: Okay. And he not only did that, but he also robs drug dealers, right?
MS. KAWASS: And apart from that -- because this is something that Ms. Cappleman left out -- he was a Latin King gang member?
MS. KAWASS: All right. Ever since he was a teenager?
JESSICA RODRIGUEZ: I don't know how long.
MS. KAWASS: But you've known him for nine years?
JESSICA RODRIGUEZ: Those nine years, he was a Latin King, from my knowledge of what I know. TI don't know when he started.
MS. KAWASS: Okay. But for the whole time you knew him, he was a member, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: He has a big tattoo across his stomach --
MS. KAWASS: -- saying that he is a Latin King, right?
MS. KAWASS: And as for his RICO case, that is what he pled guilty to, was racketeering and being a Latin King gang member?
MS. KAWASS: Now, the first time you ever heard about the murder of Dan Markel was when they arrested Sigfredo Garcia, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Now, that was on May 25th of 2016, correct?
MS. KAWASS: Now, at that time Luis is already in federal custody, right?
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?
JESSICA RODRIGUEZ: I don't remember.
MS. KAWASS: Okay. You didn't know yet that Luis was potentially involved? when Sigfredo was arrested, they didn't initially mention Luis's involvement, right?
MS. KAWASS: That didn't happen until June 2nd, right?
JESSICA RODRIGUEZ: I don't remember the dates.
MS. KAWASS: But you do remember that police officers came to your job to talk to you in June, right?
MS. KAWASS: All right. On that day, you saw on the news that now Luis was implicated in this murder, right?
JESSICA RODRIGUEZ: It was on the news prior to that when they came.
MS. KAWASS: Okay. So you had already seen it on the news because you told the cops --
JESSICA RODRIGUEZ: Yeah.
MS. KAWASS: -- I know what you're here for. It's all over the news.
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Right. 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?
JESSICA RODRIGUEZ: If that's the date that they put, then they would know more than me.
MS. KAWASS: Okay. And once that came out, before they even got there, you started researching everything online, right?
MS. KAWASS: You even purchased a subscription to the Tallahassee Democrat?
JESSICA RODRIGUEZ: Probably did.
MS. KAWASS: That was the newspaper that was covering the story at the time, right?
JESSICA RODRIGUEZ: I don't remember because I literally just purchased it a couple of weeks ago. So if I purchased it at that time, I don't remember.
MS. KAWASS: You don't remember, but if -- would looking at your October 2nd statement to the detectives refresh your recollection?
JESSICA RODRIGUEZ: Sure.
MS. KAWASS: I'm referring to page 6. Your Honor, I'm going to get back to that in one second because I don't think I have the correct page number.
BY MS. KAWASS:
MS. KAWASS: Okay. 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?
MS. KAWASS: Okay. Now, they didn't tell you that they were actually recording that conversation with you, right?
JESSICA RODRIGUEZ: Not to my knowledge. I don't remember.
MS. KAWASS: Okay. And you don't remember or --
JESSICA RODRIGUEZ: I don't remember them telling me that they were recording or not recording.
MS. KAWASS: Okay. And back then you told them -- this is on June 2nd -- you didn't know anything about this, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: You never told them about Katie and Sigfredo coming to your house with a package?
JESSICA RODRIGUEZ: They never asked.
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?
MS. KAWASS: You knew at this time that there was some involvement with Sigfredo and Luis, right? And they were asking you about Katie?
JESSICA RODRIGUEZ: I don't remember.
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?
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.
MS. KAWASS: Oh, you would like to see it? Okay.
JESSICA RODRIGUEZ: Yeah, so I can refresh my memory. It's been eight years.
MS. KAWASS: So this is the June 2nd statement, and this is on page 4. Your Honor, may I approach?
JUDGE WHEELER: Yes.
MS. CAPPLEMAN: what's the date of the statement, Ms. Kawass?
MS. KAWASS: Pardon me? The date?
MS. CAPPLEMAN: Yes.
MS. KAWASS: June 2nd -- June 6th -- no, wait. No -- June 2nd. This is the recorded statement to Isom, and I provided the transcripts.
MS. CAPPLEMAN: Okay. I'm with you.
JESSICA RODRIGUEZ: They didn't ask me.
BY MS. KAWASS:
MS. KAWASS: They didn't ask you, but you even offered that you know Sigfredo Garcia, Luis Rivera, and his wife, right?
MS. KAWASS: So you knew that they were asking you about what you knew about Katie, Sigfredo, and Luis?
JESSICA RODRIGUEZ: I told them that I knew all three of them, obviously.
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 in June?
JESSICA RODRIGUEZ: No, because it never stood out to me until my mind got recollected of the events.
MS. KAWASS: And we will get to that in a second. You did tell them that Sigfredo was the one who paid for Katie's implants, right?
JESSICA RODRIGUEZ: To my knowledge, that's what I knew. That's what she told me.
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)?
JESSICA RODRIGUEZ: That's what he told me, yes.
MS. KAWASS: Okay. He lied to you?
JESSICA RODRIGUEZ: Apparently so.
MS. KAWASS: Okay. He told you that they -- now, these detectives told you what they were investigating, and you said, I've read all about it online.
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. And you said, I don't know anything.
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: You do remember seeing a probable cause affidavit later on released for Katie, right, in the media?
MS. KAWASS: A 24-page document detailing how she was supposedly involved in this, right?
JESSICA RODRIGUEZ: correct.
MS. KAWASS: Okay. It was over 20 pages long, right?
MS. KAWASS: And these warrants -- or unsigned warrants were -- even though they were released to the media, okay, this was way before -- months before Katie was arrested on October Ist, right?
JESSICA RODRIGUEZ: It's been so long, I guess, yes.
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?
JESSICA RODRIGUEZ: why would I contact them?
MS. KAWASS: To give them information about what you know about ~+this case.
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.
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.
MS. KAWASS: Okay. 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?
JESSICA RODRIGUEZ: After, yes.
MS. KAWASS: After. And you still refer to him as your husband, = though?
MS. KAWASS: You never did?
JESSICA RODRIGUEZ: At that time, I did; but after that, no.
MS. KAWASS: Okay. But at the time you -- even though you're not married, you referred to him as your husband, right?
JESSICA RODRIGUEZ: Correct.
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?
JESSICA RODRIGUEZ: If you have something that says that I've been referring to him as that --
MS. KAWASS: Like his emails from federal --
JESSICA RODRIGUEZ: Sure. If you have it, but --
MS. KAWASS: 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?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. So you guys went and had -- you went and met with him. And at this time, you already know what -- everything has been released in the media, right?
JESSICA RODRIGUEZ: Correct.
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?
JESSICA RODRIGUEZ: I don't remember.
MS. KAWASS: So if we were to play the call with Sherrie Bennett and you, and you said, I was expecting your call, would you accept my representation or --
JESSICA RODRIGUEZ: If you have it recorded, then, yes -- yeah.
MS. KAWASS: I mean, I could play it, but we'll get back to that. Now, before you give this statement to Officer Sherrie Bennett, who is the one that is doing the interview on the phone? You spoke to his lawyer already, right? That's Chuck collins?
MS. KAWASS: Okay. Now, that conversation between you and Chuck Collins, not recorded, right?
JESSICA RODRIGUEZ: I don't know.
MS. KAWASS: All right. And after that -- and the conversation after you've spoken to his lawyer, after you've spoken to Luis is they are 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?
JESSICA RODRIGUEZ: To my knowledge, yes.
MS. KAWASS: Okay. And in that -- now, this is the first time, the day before Katie is 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?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: That's the first time ever?
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?
JESSICA RODRIGUEZ: I believe so.
MS. KAWASS: And she called you and said -- specifically asked you if you remember anything about a drug transaction?
JESSICA RODRIGUEZ: I don't remember. So if you have it written so I could recall --
MS. KAWASS: Sure.
JESSICA RODRIGUEZ: -- then that would be great.
MS. KAWASS: I'll show you your deposition, page 122.
Your Honor, may I approach?
JUDGE WHEELER: Yes.
BY MS. KAWASS:
MS. KAWASS: You can probably start there.
JESSICA RODRIGUEZ: Okay.
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?
MS. KAWASS: That -- they asked you with a leading question almost: Did they ever do a money transaction?
And you told them, Yes, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: And then they asked you, Between Tuto and Katie?
And you said, Yes.
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: It is not a situation where they came to you and said, Hey, do you remember anything?
MS. KAWASS: They also wanted you to talk to Luis about getting him to cooperate, right?
MS. KAWASS: All right. They actually allowed you to talk to Luis on September 30th on one of the officer's cell phones?
JESSICA RODRIGUEZ: I believe so, yes.
MS. KAWASS: To have a conversation with you so you could talk him into cooperating, right?
JESSICA RODRIGUEZ: I believe so, yes.
MS. KAWASS: And at this time you believed that -- from everything that was in the media, that Katie and Sigfredo had something to do with this, right?
JESSICA RODRIGUEZ: I mean, it's -- I don't think a brain scientist would know --
MS. KAWASS: But this is, of course, only what you've read online?
JESSICA RODRIGUEZ: Online, correct.
MS. KAWASS: I mean, they painted Luis a certain way, and you lived with him day to day. And you had no idea about that side of Luis, right?
JESSICA RODRIGUEZ: Correct.
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.
JESSICA RODRIGUEZ: If that's what I told them.
MS. KAWASS: That's what you told them, okay. You also said that when Katie came into the house, that Katie had said, Sigfredo just picked me up, right?
JESSICA RODRIGUEZ: I don't remember. So if it's there, then I said it.
MS. KAWASS: And, most importantly, you told them that this incident happened in August or September of 2014?
JESSICA RODRIGUEZ: Yes, because I had my dates wrong then. Yes, correct.
MS. KAWASS: You had the dates wrong then, but they are correct now?
JESSICA RODRIGUEZ: well, I had just moved. So when that happened, it was in the old apartment. And a couple of weeks after that, I moved to the new apartment because we were in the process of getting evicted.
MS. KAWASS: But you understand, though, that your memory doesn't get better with time, right?
JESSICA RODRIGUEZ: It doesn't get better with time and the dates. But once I said something, I said it -- you know, like, the truth is the truth.
MS. KAWASS: Exactly.
JESSICA RODRIGUEZ: You're going to always remember the truth. The lies are going to --
MS. KAWASS: You remember the truth. You can't remember a lie?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: 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.
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. Now, after this -- the very next day after you talked to the police and after Luis cooperates with the police, Katie is put in handcuffs, right?
JESSICA RODRIGUEZ: I believe so, yes.
MS. KAWASS: All right. All over the news everywhere -- Good Morning America, NBC -- another arrest made in the Dan Markel case, right?
MS. KAWASS: And, now, after it's all out there, the very next day they come to take that October 2nd interview from you?
MS. KAWASS: It's when they come to the house, and they sit down and they record this conversation. Isn't it true that at this meeting, Maria said, I want to talk to the detectives, too? She's there on the recording.
JESSICA RODRIGUEZ: You just refreshed my memory because I didn't even remember her being there, but yeah.
MS. KAWASS: And you told them about a time that you remembered when Luis left for a few days with Tuto, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: And that when Luis came back, he was upset, right?
MS. KAWASS: Crying in his sleep?
MS. KAWASS: Screaming in his sleep?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Like he probably did something that traumatized him, right?
JESSICA RODRIGUEZ: He always fidgeted in his sleep.
MS. KAWASS: Okay. Now, this time when you talk about this incident where Katie comes and drops off -- this is now 48 hours after you've already spoken to Sherrie Bennett, right?
JESSICA RODRIGUEZ: (Nods head.)
MS. KAWASS: You told them that Luis was at work when Sigfredo came over?
JESSICA RODRIGUEZ: To my knowledge at that moment, yes.
MS. KAWASS: Okay. And you described the package as Publix bags tied up, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: A brick. And then you told them that the detective -- you told the detectives again that Katie did not know what was in the bag?
JESSICA RODRIGUEZ: I don't remember. So if I said it --
MS. KAWASS: I mean, I can show it to you. Do you want me to show it to you?
JESSICA RODRIGUEZ: Sure. If it is written down, then, yeah.
MS. KAWASS: Okay. So we are going to do the October 2nd statement, page 34, lines 3 through 8.
Your Honor, may I approach?
JUDGE WHEELER: You may.
MS. KAWASS: This first paragraph right there.
MS. CAPPLEMAN: Ms. Kawass, page and line, please?
MS. KAWASS: Page 34, lines 1 through 8.
MS. CAPPLEMAN: I'm going to object to improper impeachment, Your Honor. I don't think it is inconsistent.
MS. KAWASS: I'm not impeaching her. I'm refreshing her recollection.
MS. CAPPLEMAN: Okay.
JESSICA RODRIGUEZ: Correct.
BY MS. KAWASS:
MS. KAWASS: So you told the detectives 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 -- and she's holding the baby. That's what you said to the --
JESSICA RODRIGUEZ: Yes, when I asked her, what are they doing? Correct.
MS. KAWASS: Okay. You described it as being 12 by 8, correct? The size of the --
JESSICA RODRIGUEZ: Yeah.
MS. KAWASS: A tight -- almost like -- that's a perfect word, a “brick,” right?
MS. KAWASS: Did it feel heavy like a brick?
JESSICA RODRIGUEZ: I never touched it.
MS. KAWASS: You never touched it?
JESSICA RODRIGUEZ: Not that I recall.
MS. KAWASS: He didn't hand it to you?
JESSICA RODRIGUEZ: No. He went to the room, if I recall.
MS. KAWASS: who did? Sigfredo?
JESSICA RODRIGUEZ: Sigfredo, yes.
MS. KAWASS: Okay. He always had the package in his hand?
JESSICA RODRIGUEZ: I believe so, to my knowledge.
MS. KAWASS: Okay. And went and put it in your bedroom?
JESSICA RODRIGUEZ: In my bedroom, yes.
MS. KAWASS: Okay. And on that date 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?
JESSICA RODRIGUEZ: I said they flew.
MS. KAWASS: Do you want to look at what you said?
JESSICA RODRIGUEZ: I didn't say it specific that I remember. I could be wrong, but my recollection was that they flew, like, in and out.
MS. KAWASS: You remember giving a statement on October 2nd to the police officers in this case, right?
MS. KAWASS: And you knew that you had to tell them the truth, because if you didn't, you would be committing a crime?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: All right. And, Court and counsel, October 2nd, page 34, lines 11 to 13.
BY MS. KAWASS:
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.
JESSICA RODRIGUEZ: Correct. That's what I said, that they flew.
MS. KAWASS: Okay. But, in other words, they were not there when Luis got to the house. That's what you told them?
JESSICA RODRIGUEZ: Yes. 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.
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?
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 --
MS. KAWASS: well, I'll pick one of the statements.
JESSICA RODRIGUEZ: -- so I can get the knowledge more. But I'm pretty sure that that's what I said --
MS. KAWASS: I'll pick one.
JESSICA RODRIGUEZ: -- that he didn't want me --
MS. KAWASS: Okay. So I'm referring to your October 2nd statement, okay? 2016, right? Did you review this before you testified in court today?
MS. KAWASS: 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.
JESSICA RODRIGUEZ: That's what I just read with you.
MS. KAWASS: Correct.
JESSICA RODRIGUEZ: Okay.
MS. KAWASS: So am I missing something when you say, Within 15 minutes, they left, and 15 minutes -- like, this guy flew?
JESSICA RODRIGUEZ: Okay. And what's after that?
MS. KAWASS: 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 nosey; 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. You never -- he left.
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. You didn't say, He left with Katie and Tuto. That's not what you said, right?
JESSICA RODRIGUEZ: No, correct.
MS. KAWASS: And you said previously, as I read in plain English, like, literally within 15 minutes, they left?
JESSICA RODRIGUEZ: They flew, correct.
MS. KAWASS: No, no, that's not what you said. They left, and 15 minutes -- it is the same sentence.
JESSICA RODRIGUEZ: Yeah.
MS. KAWASS: Like, this guy flew. In other words, Rivera flew to the house?
MS. KAWASS: But you clearly said to the detectives back then that Katie and Sigfredo were not there; they left.
JESSICA RODRIGUEZ: That's what I wrote, but I don't remember it being like that. Like I said, you know --
MS. KAWASS: You would agree with me --
JESSICA RODRIGUEZ: Yeah, that's what I said, correct.
MS. KAWASS: Okay. And a recording is something that's much better, obviously, than someone's memory, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Because if it is on the recording, we can listen to ourselves -- what you say and don't have to rely on your memory?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Because this is now -- that's 2016. This is almost six years since you gave that statement, right?
MS. KAWASS: And this is the first time that you're testifying in front of anybody about this case?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. You actually didn't want to come here today; isn't that true?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. You said you want nothing more to do with this case, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: And the State had to force you to come in here?
JESSICA RODRIGUEZ: No, they didn't force me.
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?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. And what happens if you're found in contempt of court, to your knowledge?
JESSICA RODRIGUEZ: I get put in jail -- I don't know -- until the trial finishes.
MS. KAWASS: Yeah, okay. Now, Luis didn't give you a bunch of cash, right?
MS. KAWASS: Never received any money from him, right?
JESSICA RODRIGUEZ: Not to my knowledge.
MS. KAWASS: And it wouldn't be smart, for example -- like I know Ms. Cappleman said that, oh, you know, that he had a bank account, and all his legit money went into that bank account from his job, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. He wouldn't put all of his drug money into the bank, right?
JESSICA RODRIGUEZ: I don't know what he did with his money.
MS. KAWASS: It would be stupid, though --
JESSICA RODRIGUEZ: Correct, yes.
MS. KAWASS: -- to put your money in the bank because there's a paper trail, right?
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 reconcile. In May of 2015, right?
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?
MS. KAWASS: Just, like, how she was, you know, not in a relationship, but she's the mother of Sigfredo's kids, you are the mother of Luis's kids, right?
MS. KAWASS: He kept things from you, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. He probably kept things from her, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. And it's been said before, Oh, Katie says something and Sigfredo jumps, right?
MS. KAWASS: Okay. But if she said, Stop doing cocaine, that really didn't work, did it?
JESSICA RODRIGUEZ: I mean, the more he would do drugs, it was always when they were broken up.
MS. KAWASS: Right. But the reason they broke up was because of his infidelity, drug use, and alcohol use, right?
MS. KAWASS: why did they break up?
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. She will kick him out. Or if he was on drugs, then she felt like arguing, it's over. She will kick him out. So it was really -- I can't say what they broke up for.
MS. KAWASS: No, but you just brought up a point. One of the issues was she didn't want him to do drugs, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: But if she said, Stop doing drugs, he didn't listen to her because he continued doing drugs?
JESSICA RODRIGUEZ: He would listen at times.
MS. KAWASS: He did at times but would always fall back into it, right?
JESSICA RODRIGUEZ: Yes, whenever she would kick him out of the house.
MS. KAWASS: And they didn't get back together until Sigfredo straightened up his act. That's how they got back together?
JESSICA RODRIGUEZ: I don't know.
MS. KAWASS: You don't know. 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?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. He kept that completely from you?
MS. KAWASS: Because he knows that if you know anything, you could be in trouble?
JESSICA RODRIGUEZ: Yeah, correct.
MS. KAWASS: And you told Luis that you were glad that he never involved you, right?
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?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: And you're pretty smart, Jessica, right?
JESSICA RODRIGUEZ: Yeah, I'm smart.
MS. KAWASS: Yeah. And you have what we call “street smarts,” right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Okay. You've got your wits about you, right?
MS. KAWASS: So like you said before, you're nosey?
JESSICA RODRIGUEZ: whatever comes in my house, yeah.
MS. KAWASS: And it's because you know you can't trust Luis 100 percent. So you have to kind of be on your Ps and Qs. You said you had to flush drugs once that he brought into your house, right?
JESSICA RODRIGUEZ: Yeah.
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?
JESSICA RODRIGUEZ: Correct.
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?
JESSICA RODRIGUEZ: I knew he was cheating. I just didn't know with whom, and the wiretaps showed who.
MS. KAWASS: But you found out?
MS. KAWASS: And you had to listen to that?
JESSICA RODRIGUEZ: correct.
MS. KAWASS: Okay. So it's fair to say that Luis -- he's always lying, right?
JESSICA RODRIGUEZ: when it comes -- yeah, in that sense. Not lying, just the cheating. I mean --
MS. KAWASS: But he'd lie to you so he doesn't get in trouble?
JESSICA RODRIGUEZ: He wouldn't say yes or no; so I could never tell if it was a lie or not. He just wouldn't bring it up.
MS. KAWASS: Now, while he was in jail in federal -- federal is different than state, right?
JESSICA RODRIGUEZ: I guess. I've never been to federal prison; so I wouldn't know the difference.
MS. KAWASS: No. And I only mean in terms of ability to communicate. Because they actually have email, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: we don't have email in state or local facilities.
JESSICA RODRIGUEZ: Yes, they do.
MS. KAWASS: But in federal, you can actually email with the inmates, right?
JESSICA RODRIGUEZ: Yeah. State as well, yes.
MS. KAWASS: Okay. Oh, they do that now in state?
JESSICA RODRIGUEZ: Yeah.
MS. KAWASS: Okay. I didn't know that. Now, your email address back then, when you were communicating with Luis in June of 2016 -- okay, this is around the time that everyone is getting arrested -- it was siannanegronl020@gmail.com, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Yes?
MS. KAWASS: And you were using that email to communicate with Luis at the time, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Now, like we discussed, June 2nd is the date that these detectives came to see you, right?
MS. KAWASS: And it already had been out into the media that the media -- that he was involved in this homicide, right?
JESSICA RODRIGUEZ: Correct.
MS. KAWASS: Isn't it true that you told him, I want you to understand me real good. No matter what, I've 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.
JESSICA RODRIGUEZ: If I wrote it -- I always write "I love you" crap whenever I'm drinking, and I miss him because of my daughter. But if I wrote it, it's there, yes.
MS. KAWASS: Your Honor, may I have a moment?
JESSICA RODRIGUEZ: Do I remember it? No.
BY MS. KAWASS:
MS. KAWASS: Do you want to take a look, or you don't need to?
JESSICA RODRIGUEZ: No. You have it on black and white.
MS. KAWASS: Okay. No further questions. Thank you.
JUDGE WHEELER: Redirect?
MS. CAPPLEMAN: Yes, Your Honor.
REDIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And you do have his back, right?
MS. CAPPLEMAN: I mean, he's your child's father?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: Are you together, as we sit here today?
MS. CAPPLEMAN: Are you planning on resuming your marriage or your relationship upon his release?
JESSICA RODRIGUEZ: Definitely not.
MS. CAPPLEMAN: Okay. But he will always be the father of your children?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: And you do care what happens to him?
JESSICA RODRIGUEZ: Yes, I do.
MS. CAPPLEMAN: Are you willing to lie under oath for him?
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?
MS. CAPPLEMAN: Did you know that the package delivery had anything to do with this murder --
JESSICA RODRIGUEZ: Not at all.
MS. CAPPLEMAN: -- before the cops came and asked you?
JESSICA RODRIGUEZ: No, not at all.
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?
JESSICA RODRIGUEZ: I don't think so.
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?
MS. CAPPLEMAN: So you didn't get involved in any of that?
MS. CAPPLEMAN: All right. Did anybody tell you -- did I or anybody tell you what it was you should say here today?
JESSICA RODRIGUEZ: No, not at all.
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?
JESSICA RODRIGUEZ: No, just my thoughts and myself to remember.
MS. CAPPLEMAN: Okay. And you mentioned something about a move -- moving your residences. Was that something that helped you figure out when this occurred?
MS. CAPPLEMAN: Okay. Because you do know which address this happened at, right?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: And that was that 135th Street address, right?
MS. CAPPLEMAN: Okay. And then shortly after that, did you move somewhere else?
MS. CAPPLEMAN: Was that to the house that you talked about?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: Okay. And that's the house where you figured out that the dentist was involved and all that stuff?
MS. CAPPLEMAN: Okay. why didn't Luis Rivera want them to leave the package with you?
JESSICA RODRIGUEZ: Because there was money. Apparently now I found out it was money; so I would have left.
MS. CAPPLEMAN: You would have taken the money?
JESSICA RODRIGUEZ: I would have taken the money and left. No questions asked.
MS. CAPPLEMAN: All right. But you didn't get a chance to look in the bag?
MS. CAPPLEMAN: All right. was it unusual for Katherine Magbanua -- I mean, did you assume that it was drugs in the bag?
MS. CAPPLEMAN: And would it have been unusual for Katherine Magbanua to be involved with something like that?
JESSICA RODRIGUEZ: Exact -- yes.
MS. CAPPLEMAN: Is that why you asked her, what's in the bag?
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: And that's because she specifically acknowledged the bag and seemed interested in what was happening with the bag, right?
MS. CAPPLEMAN: And that was weird?
MS. KAWASS: Objection. Leading.
JESSICA RODRIGUEZ: Correct.
JUDGE WHEELER: All right. These are leading questions. Let's keep that in mind, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: was it weird that she seemed interested in what happened with a bag of drugs?
MS. CAPPLEMAN: Okay. was it a situation where Katherine Magbanua was asking, what's in the bag? Or you were asking, what's in the bag?
JESSICA RODRIGUEZ: I asked her what was in the bag.
MS. CAPPLEMAN: Okay. And she said, I don't know.
JESSICA RODRIGUEZ: Correct.
MS. CAPPLEMAN: So that's what she told you?
MS. CAPPLEMAN: But she didn't ask what was in the bag?
MS. CAPPLEMAN: No further questions.
JUDGE WHEELER: All right. we can release the witness?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE WHEELER: All right. You are free to go, ma'am. Thank you.
Okay. we are going to take our break now, about a 15-minute break, let you use the facilities and stretch your legs. we will be back to resume the testimony in about 15 minutes. Okay. Deputy, please take the jury out.
(Jury exits the courtroom.)
JUDGE WHEELER: All right. The jury is out of the courtroom. The door is closed. we will be in recess for 15 minutes and start back up with the testimony then, okay?
(Court is in recess.)
JUDGE WHEELER: Okay. Any issues before we bring the jury in, Ms. Cappleman?
MS. CAPPLEMAN: No, Your Honor.
JUDGE WHEELER: From the Defense?
MR. DECOSTE: Just to let the Court know -- anticipating the government is going to be resting their case sometime soon -- there is a witness, an FHP Trooper, Trooper Downing, that we had subpoenaed in April. we have emailed him and called his -- I think it is barracks, is the best way to refer to it. we have not heard back.
I've asked Ms. Cappleman if they have a direct number for the trooper to make sure that he is here so that we are not wasting Court and juror time.
JUDGE WHEELER: All right. Ms. Cappleman, do you have a number for the trooper?
MS. CAPPLEMAN: I have a number. TI don't know how good it is, but I am going to provide it.
JUDGE WHEELER: If you could provide that, that would make it easier for everyone.
Okay. Let's bring the jury in, please.
(jury enters the courtroom.)