4.Oscar Jimenez Jr. — Direct/Cross/Redirect
263 linesMS. CAPPLEMAN: The State calls Oscar Jimenez.
JUDGE WHEELER: Oscar Jimenez, please.
(Pause. )
JUDGE WHEELER: Good afternoon.
MARY HULL: Good afternoon, sir.
JUDGE WHEELER: Before you have a seat, we are going to swear you in. Please raise your right hand and respond to the clerk.
whereupon, OSCAR JIMENEZ was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE WHEELER: Thank you. Please have a seat.
OSCAR JIMENEZ JR.: Yes, sir.
JUDGE WHEELER: I just need you to scoot up to that microphone and speak loud and clear into that microphone.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
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.: It 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 crimes 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 something that -- this type of undercover operation, was it something you had participated in before?
OSCAR JIMENEZ JR.: I've/I 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 going to initiate a bump. what does a "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.: Southern Miami, I believe.
MS. CAPPLEMAN: All right. I'm going to approach with what I've marked as State's 83. Do you recognize State's 83?
OSCAR JIMENEZ JR.: Yes, I do.
MS. CAPPLEMAN: Is this a fair and accurate copy of the -- what was on the piece of paper that you handed -- other than the handwriting that we are going to discuss in a moment?
OSCAR JIMENEZ JR.: Yes. My recollection it is.
MS. CAPPLEMAN: All right. 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 could it have just been 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 is 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: All right. Judge, at this time I would ask to introduce State's 83.
JUDGE WHEELER: Any objection?
MR. DECOSTE: Ultimately, no, Your Honor. But this is a best evidence situation. It is not an exact copy of the original.
JUDGE WHEELER: All right. That's overruled. It will be admitted as State's 83.
(State's Exhibit 83 received in evidence.)
MS. CAPPLEMAN: May I publish, Your Honor?
JUDGE WHEELER: Yes.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Publishing State's 83. 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: All right. And what was the dollar amount, if you recall?
OSCAR JIMENEZ JR.: 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 as to that?
OSCAR JIMENEZ JR.: My report -- my 302 if --
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. All right. So we have a phone number on there that goes to what when you call it?
OSCAR JIMENEZ JR.: My undercover -- it is 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? Possibly a voice mail?
OSCAR JIMENEZ JR.: Or a voice mail, yes. There was a voice mail on it.
MS. CAPPLEMAN: All right. 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. There were team -- security teams that were also recording.
MS. CAPPLEMAN: Have you had an opportunity to review both the body-worn camera video and what we are 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 and 113. And have you initialed both of those exhibits indicating that they are fair and accurate copies --
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: -- of both the recordings we just discussed?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: All right. Judge, at this time I'd ask to introduce State's 112, which is the body-worn camera of the undercover operative, as well as 113, which is what I've described as the joint video that includes the video from across the street.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No more than the previous motions and objections.
JUDGE WHEELER: All right. They will be admitted as State's 112 and 113.
(State's Exhibits 112 and 113 received in evidence.)
MS. CAPPLEMAN: All right. Judge, at this time I would ask to publish State's Exhibit 113, the combined bump video.
JUDGE WHEELER: Okay.
(A video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Video begins:)
OSCAR JIMENEZ JR.: Black shorts? What is it? Yeah. Okay. Okay. Bye.
Excuse me, Ms. Adelson? How you doing? TI just want to give you this. Listen --
DONNA ADELSON: who are you? You scared me.
OSCAR JIMENEZ JR.: Don't be scared. Listen, just want to let you know that we know that your family has been taking care of Katie and her friend Tuto for quite some time after your problem up north has resolved.
And I want to let you know that my brother -- he's incarcerated. He helped your family with this problem you guys had up north, and we want to make sure that -- he's going through some rough times, and we want to make sure that you take care of what he's going through the way you're taking care of Katie and Tuto.
DONNA ADELSON: TI don't know what you're talking about.
OSCAR JIMENEZ JR.: well, this will explain it. Thank you.
(Video recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did that conclude your contact with Donna Adelson?
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?
MS. CAPPLEMAN: would it refresh your recollection regarding the exact phone number written on that paper to review that testimony?
MS. CAPPLEMAN: I'm going to approach with page 250. About the middle of the page there, line 13. Yes, sir. Does that refresh your recollection about the number?
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: All right. So that was your undercover number at the time?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: All right. I want to ask you about a couple other phone calls that we hear your voice on. 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, and I'm going to approach with State's Exhibit 134. Have you had an opportunity to review that exhibit?
MS. CAPPLEMAN: All right. And is that a fair and accurate call -- recording of the call that we are speaking of where somebody called your undercover number and it was recorded by law enforcement?
MS. CAPPLEMAN: All right. Judge, this is one of the exhibits we're going to discuss further at a later time.
JUDGE WHEELER: AIl1 right.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. 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 why -- 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 -- to tickle the wire.
MS. CAPPLEMAN: All right. And was that done April 28th, 2016?
OSCAR JIMENEZ JR.: Yes, it was.
MS. CAPPLEMAN: All right. So it's basically an additional bump to generate further conversation on the wire?
OSCAR JIMENEZ JR.: Another form, yes.
MS. CAPPLEMAN: Okay. And is State's 128 a fair and accurate copy of the phone call you made to the Adelson Institute?
MS. CAPPLEMAN: All right. And, Judge, that's another exhibit we will take up at a later time. No further questions.
JUDGE WHEELER: Cross-examination?
MR. DECOSTE: Yes.
CROSS- EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Good afternoon. How are you?
OSCAR JIMENEZ JR.: Doing well. Thank you.
MR. DECOSTE: All right. Let's talk about, for a minute, the operation that day. You guys were down on -- south of Fifth in Miami Beach, right?
OSCAR JIMENEZ JR.: I believe so, yes.
MR. DECOSTE: There's a whole bunch of agents that were involved?
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?
MR. DECOSTE: So we had dozens of personnel?
OSCAR JIMENEZ JR.: It was quite a few.
MR. DECOSTE: It was a good amount of taxpayer money of agents and law enforcement that are involved, right?
MR. DECOSTE: There was also a high altitude plane?
OSCAR JIMENEZ JR.: That, I don't -- understand that my job in this operation was simply to be the undercover agent. 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 to spend the money.
OSCAR JIMENEZ JR.: No. I'm saying I don't know if there was or there was not high altitude planes, is what I'm saying.
MR. DECOSTE: All right. But you would agree with me that it was a full-on operation, right?
OSCAR JIMENEZ JR.: Sure, yes.
MR. DECOSTE: Now, with respect to the letter that was given -- and understanding that you're not the case agent.
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: It is not you making the decision.
OSCAR JIMENEZ JR.: Yes, sir.
MR. DECOSTE: This is not the letter that was actually handed to Donna Adelson, is it?
OSCAR JIMENEZ JR.: Not the one that's on that.
MR. DECOSTE: Nor is it an exact copy of it?
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 it?
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 -- or there was a phone number written on it.
MR. DECOSTE: But you can't recall exactly what -- 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?
OSCAR JIMENEZ JR.: what was handwritten, yes.
MR. DECOSTE: Correct.
OSCAR JIMENEZ JR.: what was written on it. How it was written, I don't know.
MR. DECOSTE: Okay. You would agree with me that the Federal Bureau of Investigation -- it was an oversight not to make a copy of the exact one that was given out?
OSCAR JIMENEZ JR.: That is correct.
MR. DECOSTE: In the previous bumps that you -- and you've done previous bumps, right?
OSCAR JIMENEZ JR.: Numerous.
MR. DECOSTE: Copies are made of whatever is handed over to the target?
MR. DECOSTE: The purpose of these bumps -- and I think it is obvious, but let's go through it. 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 after.
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 would 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? You 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?
OSCAR JIMENEZ JR.: (Nods head.)
MR. DECOSTE: You said "your family,” right?
OSCAR JIMENEZ JR.: Uh-huh.
MR. DECOSTE: You said "Katie" twice, right?
OSCAR JIMENEZ JR.: Correct.
MR. DECOSTE: 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 then Katherine Magbanua and Sigfredo Garcia, who is Tuto?
OSCAR JIMENEZ JR.: That, I don't -- like I said, I don't know what happened after that.
MR. DECOSTE: Not the case agent. 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 road map 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?
JUDGE WHEELER: Yes.
MR. DECOSTE: I think I'm done.
(Pause. )
MR. DECOSTE: I'm done.
Thank you, Agent.
JUDGE WHEELER: Redirect?
MS. CAPPLEMAN: Yes, Your Honor.
REDIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: You did prepare a -- you call it a 302, but it is 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 is 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: Objection, Your Honor. Improper to read what's in the report.
JUDGE WHEELER: State your question, please.
BY MS. CAPPLEMAN:
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, yes?
OSCAR JIMENEZ JR.: I believe so.
MS. CAPPLEMAN: Okay. Nothing further.
JUDGE WHEELER: All right. We can excuse the witness?
MS. CAPPLEMAN: Yes, Sir.
JUDGE WHEELER: Thank you. You are free to go.
OSCAR JIMENEZ JR.: All right, sir.
JUDGE WHEELER: we are going to take our afternoon break now. we will take about 15 minutes, and the deputy will take the jury out. And we will be back to resume with the testimony about 3 o'clock, okay?
(Jury exits the courtroom.)
JUDGE WHEELER: All right. The jury is out of the courtroom. The door is closed, and we will be in recess until 3:00 o'clock and start promptly at that time.
(Court is in recess.)
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 have had under subpoena since April. He was served in April. We've communicated it over, and the State did 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 gotten 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. So let's just -- keep me informed, and we will see what we need to do in regard -- did you have any success in reaching anything when you called the phone number?
MR. DECOSTE: No, Your Honor. I did leave a voice mail 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 a message -- that the State provided.
JUDGE WHEELER: Do you know if he is still employed as a trooper?
MR. DECOSTE: Yes. Because we got service, yes.
JUDGE WHEELER: And so do you know a particular office where he is employed? Do you have any of --
MR. DECOSTE: Out of Gainesville.
JUDGE WHEELER: Okay. So 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.
JUDGE WHEELER: Okay.
MR. DECOSTE: 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 at, 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 him right now.
JUDGE WHEELER: 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 am putting the Court on notice. Thank you.
JUDGE WHEELER: Okay. I appreciate that. All right. Let's bring the jury in, please.
(jury enters the courtroom.)