5.Louis Bronstein — Direct/Cross
135 linesJUDGE WHEELER: Okay. Please be seated. The State may call its next witness.
MS. CAPPLEMAN: Special Agent Bronstein.
JUDGE WHEELER: Mr. Bronstein, please.
(Pause. )
JUDGE WHEELER: Mr. Bronstein, all right. Good afternoon.
OSCAR JIMENEZ JR.: Good afternoon, Your Honor.
JUDGE WHEELER: Come 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, LOUIS BRONSTEIN was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE WHEELER: Thank you. Please have a seat.
LOUIS BRONSTEIN: Thank you, Your Honor.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
LOUIS BRONSTEIN: Good afternoon. My name is Special Agent Louis Bronstein, L-O-U-I-S B-R-O-N-S-T-E-I-N.
MS. CAPPLEMAN: How are you employed, sir?
LOUIS BRONSTEIN: I'm a special agent with the FBI.
MS. CAPPLEMAN: what about back on April 20th, 2016?
LOUIS BRONSTEIN: At that time I was a special agent with the FBI.
MS. CAPPLEMAN: All right. Did you participate in a surveillance operation in Miami at a restaurant called Dolce Vita?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: All right. I want to ask you a few questions. Like, what type of place is that?
LOUIS BRONSTEIN: It was a small restaurant in kind of a strip-mall-type setup. It served pizza and gelato and that kind of stuff.
MS. CAPPLEMAN: All right. Do you know where it is exactly?
LOUIS BRONSTEIN: North of Miami Beach.
MS. CAPPLEMAN: Okay. What was the objective of the operation that day?
LOUIS BRONSTEIN: If I remember correctly, I was tasked with surveilling Charlie Adelson.
MS. CAPPLEMAN: Okay. And was he -- was Charlie Adelson going to be in the restaurant meeting with someone else?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: And who was that?
LOUIS BRONSTEIN: Katherine Magbanua.
MS. CAPPLEMAN: Okay. And were you supposed to -- when you said you were supposed to surveil them, what equipment were you using to do that?
LOUIS BRONSTEIN: Right as I arrived in the vicinity of that restaurant, I met with another agent in the parking lot and was given an audio/video recording device.
MS. CAPPLEMAN: All right. And was the recording device in proper working order that day?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: And were you able to capture some images as well as some audio at the neighboring table?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Okay. So can you kind of describe the setup of where you were in relation to Mr. Adelson and Ms. Magbanua?
LOUIS BRONSTEIN: Yes. When I entered the restaurant, I saw that they were seated towards the back, about as far back as you can go into the restaurant; so the north end of the structure. And I saw that there was a vacant table where one side is like, you know, booth-type seating up against the wall and then chairs on the other side. So I sat as close as I could get to them without looking suspicious, I guess you could say.
MS. CAPPLEMAN: Okay. And you had this equipment. was it camouflaged in some way?
LOUIS BRONSTEIN: Yes, it is in, like, a laptop bag, messenger bag type of thing.
MS. CAPPLEMAN: All right. And during the initial minutes of the audio, it's particularly difficult to hear. was there any movement associated with you positioning yourselves in those first minutes or positioning the microphone closer to the subjects?
LOUIS BRONSTEIN: Certainly.
MS. CAPPLEMAN: Okay. And do you know about how long you were in there?
LOUIS BRONSTEIN: Roughly one hour.
MS. CAPPLEMAN: And do you see the person in the courtroom today who met with Charlie Adelson and whose conversation you attempted to record on that day?
LOUIS BRONSTEIN: Yes, I do.
MS. CAPPLEMAN: Could you point that person out and describe what she's wearing?
LOUIS BRONSTEIN: Seated, wearing glasses and a white shirt.
MS. CAPPLEMAN: Okay. we've got two of those.
LOUIS BRONSTEIN: In between the two attorneys.
MS. CAPPLEMAN: All right. Thank you. Let the record reflect the witness has identified the Defendant.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Have you had an opportunity to review the recording that came from your efforts?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Okay. And it was a noisy restaurant, right?
LOUIS BRONSTEIN: That's correct.
MS. CAPPLEMAN: A lot of background noise?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: That wasn't something that you were in control of?
LOUIS BRONSTEIN: That's correct.
MS. CAPPLEMAN: Okay. You went in there. were you alone, or were you with somebody else?
LOUIS BRONSTEIN: Another individual came into the restaurant and sat ~with me.
MS. CAPPLEMAN: Okay. And was that person also an undercover?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: All right. And was that person also equipped with recording equipment?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: All right. And have you had an opportunity to review State's Exhibit 114?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Are these your initials on the thumb drive?
LOUIS BRONSTEIN: They are.
MS. CAPPLEMAN: Okay. And is this a fair and accurate copy of the recordings that you and the other agent were able to capture that day in the restaurant?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 114.
JUDGE WHEELER: All right. It will be admitted subject to the previous objections made on the record.
(State's Exhibit 114 received in evidence.)
MR. DECOSTE: Yes, Your Honor, and assuming they have the originals.
MS. CAPPLEMAN: This is the original.
MR. DECOSTE: Okay.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. So the recording device that was encapsulated in the laptop bag you were carrying, is that a high-tech, high-quality recording device?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: And it contains multiple -- like an array of microphones that try to capture sound from different directions?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: So could you overhear the conversation that was occurring between Mr. Adelson and Ms. Magbanua?
LOUIS BRONSTEIN: I could overhear that a conversation was taking place. Due to the background noise, I could not discern what was exactly being said except for one particular moment where it sounded like the air handler for the climate control for the building just stopped for a brief moment and there was a substantially smaller amount of background noise.
MS. CAPPLEMAN: All right. And you were able to hear the words that were said at that time?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: And what were those words?
LOUIS BRONSTEIN: Something to the effect of: And then she turned and -- and it was a fragment of a sentence that I made note of in an FBI form 302.
MS. CAPPLEMAN: All right. And who was the speaker of that fragment of sentence?
LOUIS BRONSTEIN: Charlie Adelson.
MS. CAPPLEMAN: All right. Are you able to tell the jury whether -- from your perspective, whether one speaker or the other was louder between Mr. Adelson and Ms. Magbanua?
LOUIS BRONSTEIN: I think Charlie Adelson was louder.
MS. CAPPLEMAN: Okay. At any time during the time that you were seated next to them, did anyone, like, get up and storm out of the restaurant? Either Mr. Adelson or Ms. Magbanua?
LOUIS BRONSTEIN: Yes, if I remember correctly, Mr. Adelson did.
MS. CAPPLEMAN: He got up and stormed out?
LOUIS BRONSTEIN: I --
MS. CAPPLEMAN: And would that be on the recording?
LOUIS BRONSTEIN: It's possible.
MS. CAPPLEMAN: Okay. During the time that they were seated having a conversation, were the two of them -- did they seem to be mutually engaged in conversation, or did it seem like only one party was speaking?
LOUIS BRONSTEIN: No, they seemed to be engaged with one another based on body language.
MS. CAPPLEMAN: Okay. And then it is your recollection that he left first, and then she left afterwards, or something else?
LOUIS BRONSTEIN: I would have to see the video to be certain of that.
MS. CAPPLEMAN: Okay. So would the video be the best evidence of their departure?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Okay. One moment, please?
(Pause. )
MS. CAPPLEMAN: No further questions.
JUDGE WHEELER: Cross-examination?
MR. DECOSTE: Briefly, Your Honor. Thank you.
CROSS- EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Agent, good to see you again.
LOUIS BRONSTEIN: Likewise.
MR. DECOSTE: Now, 2016 -- you had been with the FBI for awhile, right?
LOUIS BRONSTEIN: I had been sworn in as an agent at the beginning of 2015, in January.
MR. DECOSTE: Now, if you could, explain to the jury how the Department of Justice is over your agency and sort of the breakdown of that.
LOUIS BRONSTEIN: well, briefly, the Federal Bureau of Investigation is a component of the Department of Justice wherein we serve as the investigative arm, if you will.
MR. DECOSTE: All right. Now, let's talk about the Department of Justice policy when it comes to things like recordings and reports. If you as an agent are speaking to somebody who is in custody, what is the Department of Justice -- I'll refer to it as DOJ -- what is DOJ's policy when dealing with in-custody people? You have to record that, right?
LOUIS BRONSTEIN: I would have to have the regulation in front of me to speak to it, but generally speaking, that is the protocol.
MR. DECOSTE: All right. Now, if a recording for some reason is not done, you do a report, like you just talked about. A 302, right?
LOUIS BRONSTEIN: Yes.
MR. DECOSTE: This is DOJ policy that this stuff is documented, right?
LOUIS BRONSTEIN: Yes.
MR. DECOSTE: Let's now turn to 2016, Katherine Magbanua. You talked a little bit about what you saw. would you agree with me that nothing stood out to you with her demeanor as you saw her from across the restaurant at the table in Dolce Vita?
LOUIS BRONSTEIN: My impression was that she was engaged in a conversation with Charlie Adelson. That was my overall assessment, if you will.
MR. DECOSTE: And that's the extent of your assessment?
LOUIS BRONSTEIN: Yes.
MR. DECOSTE: All right. One second. Let me check with co-counsel.
(Pause. )
MR. DECOSTE: All set. Thank you, Agent. Good seeing you.
JUDGE WHEELER: Redirect?
MS. CAPPLEMAN: No, Your Honor.
JUDGE WHEELER: We can excuse the witness?
MS. CAPPLEMAN: He can be excused.
JUDGE WHEELER: All right. Thank you, sir.
LOUIS BRONSTEIN: Thank you.