Oscar Jimenez Jr. — Direct/Cross/Redirect
227 linesJUDGE WHEELER: State, may call your next witness.
MS. DUGAN: Oscar Jimenez, please.
JUDGE WHEELER: We're going to swear you in, so please raise your right hand and respond to the clerk.
COURT CLERK: Do you solemnly swear or affirm that the testimony you shall give shall be the truth, the whole truth, and nothing but the truth?
JUDGE WHEELER: Thank you. Please have a seat.
JUDGE WHEELER: If you need to, speak up to that microphone. Speak loud and clear into that microphone.
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
OSCAR JIMENEZ JR.: My name is Oscar E. Jimenez, Jr. My first name is O-S-C-A-R, middle initial E, J-I-M-E-N-E-Z.
MS. CAPPLEMAN: How are you employed, sir?
OSCAR JIMENEZ JR.: I'm retired.
MS. CAPPLEMAN: What about back in 2016?
OSCAR JIMENEZ JR.: I was a special agent with the Federal Bureau of Investigation.
MS. CAPPLEMAN: How long were you employed with the FBI?
OSCAR JIMENEZ JR.: I was 22 and a half years.
MS. CAPPLEMAN: What were your duties back in 2016?
OSCAR JIMENEZ JR.: Back then, I was assigned to a violent crime squad working human trafficking and innocent images.
MS. CAPPLEMAN: As part of your duties, were you asked to participate in an undercover operation relating to a murder that occurred here in Tallahassee?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: All right. And was that the murder of Dan Markel?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: All right. And was this — this type of undercover operation — something you participated in before?
OSCAR JIMENEZ JR.: I've participated in numerous operations with different criminal activity, but I've participated in some like this also.
MS. CAPPLEMAN: All right. And what was your role in reference to this particular operation?
OSCAR JIMENEZ JR.: In this operation, I was portraying myself as a Latin King member, and my job was to initiate a bump.
MS. CAPPLEMAN: All right. A Latin King gang member?
OSCAR JIMENEZ JR.: Correct.
MS. CAPPLEMAN: All right. And you were gonna initiate a bump. What does the bump mean?
OSCAR JIMENEZ JR.: Well, a bump is a term we use in law enforcement where an undercover, like myself, would approach somebody — either a target or a subject of interest — and it would be used to either solicit information, give information, or possibly set up a follow-up meeting.
MS. CAPPLEMAN: All right. And could the purpose be to generate discussion for a wiretap?
OSCAR JIMENEZ JR.: Yes, that is correct.
MS. CAPPLEMAN: All right. And on this particular occasion — I'm going to draw your attention to April 19th of 2016 — what specifically were you asked to do?
OSCAR JIMENEZ JR.: On that particular day, I was instructed to bump Mrs. Donna Adelson and hand her a flyer.
MS. CAPPLEMAN: All right. And when you say "bump," are you going to walk up to her?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: And did that take place on the street in public?
OSCAR JIMENEZ JR.: It did.
MS. CAPPLEMAN: All right. In Miami?
OSCAR JIMENEZ JR.: It's Southern Miami, I believe.
MS. CAPPLEMAN: All right. I'm going to approach with what I've marked as State's 83.
MS. CAPPLEMAN: Do you recognize State's 83?
OSCAR JIMENEZ JR.: Yes, I do.
MS. CAPPLEMAN: Is this a fair and accurate copy of what was on the piece of paper that you handed, other than the handwriting that we're going to discuss in a moment?
OSCAR JIMENEZ JR.: Uh, yes. To my recollection, it is.
MS. CAPPLEMAN: So you handed a piece of paper to Donna Adelson, correct?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: Okay. And everything that's on this paper was similar to what you handed her, or exactly the same as what you handed her, other than some handwriting?
OSCAR JIMENEZ JR.: What really stands out to me is Mr. Markel's photograph and the handwriting. I can't say for sure about everything else on the paper.
MS. CAPPLEMAN: Okay. Was there an article on the piece of paper as well, or was it just a photo?
OSCAR JIMENEZ JR.: No, I believe it was some type of news article.
MS. CAPPLEMAN: Okay. But you didn't memorize the news article to say whether this was the identical one?
OSCAR JIMENEZ JR.: No, I did not.
MS. CAPPLEMAN: Okay. So is it fair to say this is the same or similar — substantially similar — to what you handed to Donna Adelson?
OSCAR JIMENEZ JR.: Yes, correct.
MS. CAPPLEMAN: Judge, at this time I'd ask to introduce State's 83. Any objection?
MR. DECOSTE: Ultimately, no, Your Honor, but there's a best-evidence situation. It's not an exact copy of the original.
JUDGE WHEELER: All right. That's overruled. It'll be admitted. State's 83.
MS. CAPPLEMAN: Can I publish?
JUDGE WHEELER: Yes.
MS. CAPPLEMAN: So we've got an article here with a photograph of Dan Markel. And you mentioned on the piece of paper that you handed to Donna Adelson there was something handwritten. What was handwritten on that piece of paper?
OSCAR JIMENEZ JR.: There was a dollar amount — some dollar amount — and a phone number.
MS. CAPPLEMAN: And what was the dollar amount, if you recall?
OSCAR JIMENEZ JR.: Well, I believe it was $5,000.
MS. CAPPLEMAN: Okay. And what about the phone number — do you have that committed to memory?
OSCAR JIMENEZ JR.: I do not. The only thing I know is that that was my undercover cell number.
MS. CAPPLEMAN: All right. And is there something that could refresh your recollection?
OSCAR JIMENEZ JR.: My reporting — my 302.
MS. CAPPLEMAN: All right. Do you have a copy of that on you?
OSCAR JIMENEZ JR.: I do not.
MS. CAPPLEMAN: Okay. Give us just a moment.
MS. CAPPLEMAN: All right. So we've got a phone number on there that goes to what when you call it?
OSCAR JIMENEZ JR.: My undercover — it's a covert cell phone number.
MS. CAPPLEMAN: All right. And if somebody during this operation was to call that cell number, they would either get you on the phone?
OSCAR JIMENEZ JR.: Just myself.
MS. CAPPLEMAN: Okay. Or what?
OSCAR JIMENEZ JR.: Possibly a voicemail.
MS. CAPPLEMAN: Or a voicemail?
OSCAR JIMENEZ JR.: Yes, there was a voicemail on it.
MS. CAPPLEMAN: And was the operation in which you approached Donna Adelson on the street and handed her this piece of paper — was that recorded?
OSCAR JIMENEZ JR.: Yes, it was.
MS. CAPPLEMAN: How was it recorded?
OSCAR JIMENEZ JR.: It was recorded both video and audio.
MS. CAPPLEMAN: All right. And were you wearing a body-worn camera on your person?
OSCAR JIMENEZ JR.: I was, and that recorder recorded audio and video.
MS. CAPPLEMAN: Okay. And was there also a team positioned further away that could record the interaction from across the street?
OSCAR JIMENEZ JR.: That is correct. Correct, there were security teams that were also recording.
MS. CAPPLEMAN: Have you had an opportunity to review both the body-worn camera video and what we're calling the combined video that puts your audio on with the video from across the street?
OSCAR JIMENEZ JR.: I have had a chance.
MS. CAPPLEMAN: I'm going to show you what I've marked as State's 112.
MS. CAPPLEMAN: Have you initialed both of those exhibits indicating that they're fair and accurate copies?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: Okay. Of both the recordings we just did?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: Judge, at this time I'd ask to introduce State's 112, which is the body-worn camera of our undercover operative, as well as 113, which is what I've described as the joint video that includes the video from across the street. Any objection?
MR. DECOSTE: No more than the previous motions and objections.
JUDGE WHEELER: All right. To be admitted as State's 112 and 113.
MS. CAPPLEMAN: All right, Judge, at this time I'd ask to publish State's Exhibit 113, the combined bump video.
JUDGE WHEELER: Okay.
AUDIO RECORDING: Black shorts — what is it? Excuse me, Miss Adelson. Hey, don't — just want to give you this. Um, listen, don't be scared. Listen, I just want to let you know that, uh, we know that your family, uh, has been taking care of Katie and her friend for quite some time after your problem up north has been solved. And I want to let you know that my brother — he's incarcerated. He helped your family with this problem you guys have up north, and we want to make sure that — he's going through some rough times. We want to make sure that you take care of what he's going through the way you're taking care of Katie. And, uh, well, this will explain it. Thank you.
MS. CAPPLEMAN: Did that capture your contact with Donna Adelson?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: All right. And I wasn't able to put my hands on your report yet, but I do have a — did you offer prior testimony in reference to this matter?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: Would it refresh your recollection regarding the exact phone number written on that paper to review that testimony?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: I'm going to approach with the middle of the page there, line 13.
OSCAR JIMENEZ JR.: Yes, sir.
MS. CAPPLEMAN: Does that refresh your recollection of what the number is?
OSCAR JIMENEZ JR.: Yes, it does.
MS. CAPPLEMAN: Does that appear to be correct?
OSCAR JIMENEZ JR.: Yes, it does.
MS. CAPPLEMAN: And what is that phone number?
OSCAR JIMENEZ JR.: 305-712-6570.
MS. CAPPLEMAN: That was your undercover number at the time?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: I want to ask you about a couple other phone calls that we hear your voice on.
MS. CAPPLEMAN: One is — did anyone ever call the undercover number?
OSCAR JIMENEZ JR.: They did.
MS. CAPPLEMAN: All right. I want to ask you about April 28, 2016.
MS. CAPPLEMAN: And I'm going to approach with State's Exhibit 134.
MS. CAPPLEMAN: Is there an opportunity to review that exhibit?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: All right. And is that a fair and accurate recording of the call that we're speaking of, where somebody called your undercover number and it was recorded?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: All right. Judge, this is one of the exhibits we're going to discuss at a later time. All right. And then, State's Exhibit 128 — did you also make an undercover call to the Adelson Institute?
OSCAR JIMENEZ JR.: I did.
MS. CAPPLEMAN: All right. And what was the purpose of that phone call?
OSCAR JIMENEZ JR.: I was trying to get Mrs. Adelson on the phone, and also the purpose was to tickle the wire.
MS. CAPPLEMAN: Yes. So it's basically an additional bump to generate further conversation on the wire — another form?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: Okay. And is State's 128 a fair and accurate copy of the phone call you made to the Adelson Institute?
OSCAR JIMENEZ JR.: Yes, yes.
MS. CAPPLEMAN: All right. And Judge, that's another exhibit we'll take up at a later time.
MS. CAPPLEMAN: No further questions.
JUDGE WHEELER: Cross examination?
MR. DECOSTE: Yeah.
MR. DECOSTE: Good afternoon. How are you?
OSCAR JIMENEZ JR.: Doing well. Thank you.
MR. DECOSTE: Let's talk about, for a minute, the operation that day.
MR. DECOSTE: You guys were down on South of Fifth in Miami Beach, right?
OSCAR JIMENEZ JR.: I believe so, yes.
MR. DECOSTE: There was a whole bunch of agents that were involved?
OSCAR JIMENEZ JR.: Yes.
MR. DECOSTE: Because you need to have it for security to have other agents around, correct?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: The Miami Beach Police Department, they were also involved?
OSCAR JIMENEZ JR.: Yes.
MR. DECOSTE: So we had dozens of personnel?
OSCAR JIMENEZ JR.: It was quite a few.
MR. DECOSTE: It's a good amount of taxpayer money — of agents and law enforcement that are involved, right?
OSCAR JIMENEZ JR.: Yes.
MR. DECOSTE: There was also a high-altitude plane.
OSCAR JIMENEZ JR.: That I don't — I understand that my job in this operation was simply to be the undercover agent.
OSCAR JIMENEZ JR.: What was in the air, or how many law enforcement were around, I can't tell you.
MR. DECOSTE: I'm not saying it was your choice.
OSCAR JIMENEZ JR.: No, I'm saying I don't know if there was or there was not a high-altitude plane is what I'm saying.
MR. DECOSTE: Sure, yes, correct.
OSCAR JIMENEZ JR.: Yes, not the one that's on that —
OSCAR JIMENEZ JR.: Well, I remember — to my recollection, I remember a news article, some type of news article, and Mr. Markel's picture on it.
MR. DECOSTE: You would agree with me that you don't remember exactly what was written on —
OSCAR JIMENEZ JR.: Now, I remember the dollar amount that was written on it, that was handwritten on it, and the phone number that was written on it.
MR. DECOSTE: Now, there was a phone number, it's not — but you can't recall exactly how it was written, right?
OSCAR JIMENEZ JR.: How it was written — what do you mean by how it was written?
MR. DECOSTE: Are you telling this jury that you fully remember what was written on the paperwork that was given to Ms. Adelson — what was handwritten?
OSCAR JIMENEZ JR.: Yes, correct. The — what was written on it, how it was written, I don't know.
MR. DECOSTE: Okay.
MR. DECOSTE: You would agree with me that for the Federal Bureau of Investigation, it was an oversight not to make a copy of the exact one that was given over?
OSCAR JIMENEZ JR.: That is correct.
MR. DECOSTE: In the previous bumps that you've done — and you've done previous bumps, right?
OSCAR JIMENEZ JR.: Numerous.
MR. DECOSTE: Copies are made of whatever's handed over to the target.
OSCAR JIMENEZ JR.: Yes.
MR. DECOSTE: The purpose of these bumps — and I think it's obvious, but let's go through it — is that you approach a target and you want to see what actions are taken after that bump, right?
OSCAR JIMENEZ JR.: Like I stated earlier, there's different purposes for a bump, but in this situation that would be correct. We bump and see what would happen.
MR. DECOSTE: You want to see who's going to contact who?
OSCAR JIMENEZ JR.: The purpose of the bump was to activate or tickle the wire.
MR. DECOSTE: All right. You want to tickle and see how it grows. Sort of like plant a tree and see how it grows, right?
OSCAR JIMENEZ JR.: Something like that.
MR. DECOSTE: All right. Now, you'd agree with me that there's two different ways to do this. You can do it organically, where you just go up and go, "We helped you with a situation. We want money," right? Could have done that.
OSCAR JIMENEZ JR.: That's pretty much what we did.
MR. DECOSTE: But instead, it was not done organically, because you said "my brother," right?
MR. DECOSTE: You said "your family," right? You said "Katie" twice, right? And you said "Tuto" twice.
OSCAR JIMENEZ JR.: That is correct.
MR. DECOSTE: And ultimately there was communication between Charles Adelson and Katherine Magbanua, and Katherine Magbanua, Sigfredo Garcia — who is Tuto.
OSCAR JIMENEZ JR.: That I don't — like I said, I don't know what happened. Not the case agent.
MR. DECOSTE: You would agree with me, though, that it could have been more effective to just not mention names of people, to then see if people are going to communicate, instead of giving a roadmap of what you think the communication should be.
OSCAR JIMENEZ JR.: I just did as I was instructed.
MR. DECOSTE: And that was Agent Patrick Sanford that instructed you?
OSCAR JIMENEZ JR.: That is correct.
MR. DECOSTE: Your Honor, if I could have one brief moment. I think I'm done.
MR. DECOSTE: Thank you.
JUDGE WHEELER: Redirect.
MS. CAPPLEMAN: You did prepare — you call it a 302, but it's a report in reference to this matter, correct?
OSCAR JIMENEZ JR.: That is correct. 302.
MS. CAPPLEMAN: And the purpose of the 302, or the report, is to document the details of what's done, so that you don't have to remember the phone number eight years later, six years later, however many years it is, right?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: Okay. And your report did include the phone number, as we just read to the jury —
MR. DECOSTE: Improper to read what's in the report.
JUDGE WHEELER: State your question, please.
MS. CAPPLEMAN: The report did contain the undercover phone number that we already read to the jury, correct?
OSCAR JIMENEZ JR.: Correct.
MS. CAPPLEMAN: And it also contained the amount — the $5,000 amount that was written on the paper?
OSCAR JIMENEZ JR.: Yes, I believe so.
MS. CAPPLEMAN: Okay. Nothing further.
JUDGE WHEELER: All right. We can excuse the witness. All right. Thank you, you're free to go. All right, sir.
JUDGE WHEELER: Okay, we're going to take our afternoon break now. We'll take about 15 minutes, and the deputy will take the jury out, and we'll be back to resume with the testimony about three o'clock. Okay, all right.
JUDGE WHEELER: Jury's out of the courtroom, the door is closed, and we'll be in recess until three o'clock. Start probably at that time.
JUDGE WHEELER: All right. Please be seated. Anything before we bring the jury in? Ms. Cappleman?
MS. CAPPLEMAN: No, Your Honor.
JUDGE WHEELER: Anything from the defense?
MR. DECOSTE: Your Honor — and this is looking forward to after the state rests, so if Your Honor wants me to wait on it — we're trying to track down an FHP trooper that we've had under subpoena since April. He was served in April. We've communicated over it. The state didn't give me a phone number. We just want to put the court on notice of that. This is a witness that we do need to call. We haven't got a response yet.
JUDGE WHEELER: Okay. Well, he won't be testifying until tomorrow.
MR. DECOSTE: At the earliest, yes.
JUDGE WHEELER: Right, at the earliest. And so let's just keep me informed, and we'll see what we need to do. Did you have any success in reaching anyone when you called the phone number?
MR. DECOSTE: No, Your Honor. I did leave a voicemail directly on his line. I was not able to get an operator, and I have called a couple of times. I do have his email — I emailed that, and I also called the number and left the message that the state provided.
JUDGE WHEELER: Do you know if he's still employed as a trooper?
MR. DECOSTE: Yes, because we got service, yes.
JUDGE WHEELER: Do you know a particular office where he's employed?
MR. DECOSTE: Out of Gainesville.
JUDGE WHEELER: Have you tried to call that office?
MR. DECOSTE: Yes.
JUDGE WHEELER: Any success in that? Have you spoken to anybody there?
MR. DECOSTE: Across the board, no response.
MR. DECOSTE: Okay, so we know his signature line from the email, so we have his email address. We have the main station that's in his email. Then I have the location that my process server served him, and we effectively have the proof of service. So I contacted that as well too, and the number that the government gave me. So we're trying to make sure that this isn't going to in any way delay the matter, but we're not getting a response from right now.
JUDGE WHEELER: Okay. All right. Just keep me informed, and if the court needs to get involved in that, then I will.
MR. DECOSTE: We're getting close, and that's why I'm putting the court on notice. Thank you.
JUDGE WHEELER: Okay. I appreciate that. All right. Let's bring the jury in, please.
JUDGE WHEELER: Okay. Please be seated.