Patrick Sanford — Direct (Part 1)
656 linesJUDGE WHEELER: State may call its next witness.
MS. CAPPLEMAN: State recalls Special Agent Bronstein.
JUDGE WHEELER: All right, Special Agent Bronstein, please.
JUDGE WHEELER: All right, Mr. Bronstein, you've previously been sworn to tell the truth. You're still under oath, all right, sir?
LOUIS BRONSTEIN: All right.
MS. CAPPLEMAN: Thank you. We just missed you — it's been so long. All right, I previously approached and showed you a thumb drive which we reviewed outside the courtroom shortly before your testimony. Is that right?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Okay. Now I'm going to approach and show you what I've marked as State 114. Do you recognize this disc?
LOUIS BRONSTEIN: Yes, those are my initials.
MS. CAPPLEMAN: Okay, and did you previously review this disc and initial it as containing all of the raw data from the recording devices that you and your fellow agent carried into the restaurant to make these recordings?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: At this time I would move into evidence State's 114?
JUDGE WHEELER: Any objection other than those previously stated on the record?
MR. DECOSTE: No, Your Honor.
MS. CAPPLEMAN: Thank you.
JUDGE WHEELER: It will be admitted as State's 114.
MS. CAPPLEMAN: All right.
JUDGE WHEELER: That closes it up. All right, do you have any cross-examination?
MR. DECOSTE: I'd hate for him to come all the way back and not have a cross, but no, I have nothing for him.
JUDGE WHEELER: All right, thank you. Okay, you're free to go.
LOUIS BRONSTEIN: Thank you.
JUDGE WHEELER: All right, the state may call its next witness.
MS. CAPPLEMAN: The state calls Agent Pat Sanford.
JUDGE WHEELER: Agent Sanford, please.
PATRICK SANFORD: Good afternoon.
JUDGE WHEELER: Before you have a seat, we're going to swear you in.
PATRICK SANFORD: Yes, sir.
JUDGE WHEELER: Please raise your right hand in response 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?
PATRICK SANFORD: I do.
JUDGE WHEELER: Thank you. Please have a seat.
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
PATRICK SANFORD: My name is Patrick Sanford, S-A-N-F-O-R-D. First name is P-A-T-R-I-C-K, and I'm a special agent with the FBI.
MS. CAPPLEMAN: How long have you been with the FBI?
PATRICK SANFORD: Approximately a little over 23 years.
MS. CAPPLEMAN: Were you involved in the investigation of the murder of Dan Markel?
PATRICK SANFORD: Yes, I was.
MS. CAPPLEMAN: What was your role in that investigation?
PATRICK SANFORD: Initially I was just brought in to assist with some leads and some follow-up things that were out of town, out of Tallahassee and out of state, and as the investigation went on I got more and more involved.
MS. CAPPLEMAN: When you began, what agency were you assisting?
PATRICK SANFORD: The Tallahassee Police Department.
MS. CAPPLEMAN: And then as you became more involved, was that because the investigation grew more and more into areas outside of Tallahassee?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right, and did you become sort of like a co-lead with Isom, who we've previously heard from?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right, was this an unusual arrangement for the FBI to assist local law enforcement, or is that something the FBI does routinely?
PATRICK SANFORD: No, we do it routinely. We work with all the law enforcement — state, local, and other federal partners.
MS. CAPPLEMAN: Are you familiar with a Luis Rivera and his role in this case?
PATRICK SANFORD: Yes, I am.
MS. CAPPLEMAN: All right. And are you aware of the defense allegation that there must have been some connection between either Garcia or Rivera and Charlie Adelson?
PATRICK SANFORD: I've heard that.
MS. CAPPLEMAN: Okay. And did you consider that possibility in your investigation?
PATRICK SANFORD: Yes, I did.
MS. CAPPLEMAN: Did you investigate that possibility?
PATRICK SANFORD: Yes, we absolutely did.
MS. CAPPLEMAN: All right, I want to kind of have you walk us through the investigation, specifically in reference to what, if anything, was done to follow up on that possibility. Let's talk about Rivera. Rivera was subject to a RICO investigation unrelated to this case, correct?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And that investigation involved multiple gang members, is that right?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Were there like 20-something gang members indicted along with him?
PATRICK SANFORD: Yes, I believe so.
MS. CAPPLEMAN: And were those all Latin King folks?
PATRICK SANFORD: Yes, it was a Latin King organization.
MS. CAPPLEMAN: Okay. Was there a wiretap associated with that case?
PATRICK SANFORD: Yes, done by the DEA and ATF.
MS. CAPPLEMAN: All right. And again, that was investigating some racketeering things totally unrelated to this murder, right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And the reason why I ask about the wiretap is because Rivera's phone was wiretapped, right? As part of that — or his calls were listened to as part of that wiretap?
PATRICK SANFORD: Yes, they were.
MS. CAPPLEMAN: Okay. And was there any communication on that wiretap between Rivera and any member of the Adelson family?
PATRICK SANFORD: No, there was not.
MS. CAPPLEMAN: Was any member of the Adelson family on that wiretap talking to any Latin King gang members?
PATRICK SANFORD: No, there were not. We scrubbed those records thoroughly, passed the numbers to the DEA and ATF — those case agents — and thoroughly went over it with them to find any connections between any of the parties.
MS. CAPPLEMAN: Based based on the wiretap and all the other data mining that was done in this case, which of the players from our Adelson family poster — would you mind putting that, I think it's the monster that you see, should already be in the room.
MS. CAPPLEMAN: Which of those folks was — let's put it to your left there.
MS. CAPPLEMAN: Who on this chart, who was Luis Rivera linked to?
PATRICK SANFORD: Luis Rivera was linked to Sigfredo Garcia.
MS. CAPPLEMAN: Okay. And who was Sigfredo Garcia linked to? I'm specifically referring to through communications and data, not just relationships that we know about.
PATRICK SANFORD: Correct. The communications also — Sigfredo Garcia was connected to Katherine Magbanua.
PATRICK SANFORD: There were a few calls after the fact between Luis Rivera and Katherine Magbanua down the road.
MS. CAPPLEMAN: Okay. And was there any relationship between either Garcia or Rivera — other than through Katherine Magbanua — to any of those folks at the top?
PATRICK SANFORD: There was one communication from Tuto Garcia's telephone to Mr. Harvey Adelson.
MS. CAPPLEMAN: All right. And was that on July 1st?
PATRICK SANFORD: Yes, it was.
MS. CAPPLEMAN: Following the jet-ski incident that we heard about earlier?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. Other than that phone call, anything else to report through any of the data that was collected in this case?
PATRICK SANFORD: No, nothing.
MS. CAPPLEMAN: And you're aware that Rivera chose to become a witness in this case.
MR. DECOSTE: Objection, Your Honor — leading again.
JUDGE WHEELER: Overruled. Let's put it in the form of a question for now. Are you aware of it?
PATRICK SANFORD: I'm sorry, repeat the question.
MS. CAPPLEMAN: Are you aware that Rivera is a witness in this case?
PATRICK SANFORD: Yes, I am.
MS. CAPPLEMAN: Okay. And when he became a witness in this case, did he enter a plea or plea negotiation?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: A cooperation agreement?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Okay. And is that something that you decide — if that happens or not?
PATRICK SANFORD: No, I had nothing to do with that.
MS. CAPPLEMAN: Do you decide what the terms of that are?
PATRICK SANFORD: No, not whatsoever.
MS. CAPPLEMAN: Okay. But when we acquire a cooperating witness, we bring in law enforcement to conduct the questioning and follow up on anything that is a lead from whatever they tell us. Is that right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And did you do that in this case with Rivera?
PATRICK SANFORD: Yes, I did.
MS. CAPPLEMAN: Were you present when you gave his proffer testimony on September 30th, 2016?
PATRICK SANFORD: Yes, I was.
MS. CAPPLEMAN: All right. And that wasn't the first interview you've ever done of a suspect, was it?
PATRICK SANFORD: No, it wasn't.
MS. CAPPLEMAN: It's not your first case, is it?
PATRICK SANFORD: No, it's not.
MS. CAPPLEMAN: All right. Did anything seem unusual to you or unethical about the way that the interviews were done of Luis Rivera?
PATRICK SANFORD: No, not at all.
MS. CAPPLEMAN: Did anybody spoon-feed Rivera the information?
PATRICK SANFORD: No, actually just the opposite. We let him talk and tried to just get him to tell us what happened next. That way we're not eliciting any information out of him and not trying to guide him through what we want him to say. We want him to tell us the truth — and that's what we were trying to do, is gauge his truthfulness.
MS. CAPPLEMAN: During any of the time — can you estimate how much time you spent with Luis Rivera through the course of this whole investigation once he became a witness? Including the car trips.
PATRICK SANFORD: Sure, yeah, including car trips — which were very lengthy, because we drove for several hours back and forth — probably a good 30 to 40 hours.
MS. CAPPLEMAN: All right. And at any time during those 30 to 40 hours did Luis Rivera refer to his paperwork or police reports in order to answer any questions that law enforcement had?
PATRICK SANFORD: No, not at all.
MS. CAPPLEMAN: If you learn something new from a subject — or something law enforcement hasn't already discovered through the investigation — is that something you would check out?
PATRICK SANFORD: Yes, absolutely.
MS. CAPPLEMAN: All right. And you referred to riding around in the car — was that an example of that, when y'all were trying to look for the gun?
PATRICK SANFORD: Right, that's correct.
MS. CAPPLEMAN: All right. And one of the things that we've learned that came out of the Rivera proffer was this allegation that Garcia had shot a hole in the Prius. Are you familiar with that?
MR. DECOSTE: Objection, hearsay and leading.
JUDGE WHEELER: State, restate the question.
MS. CAPPLEMAN: It's already in evidence, Judge, that Garcia shot a hole in the Prius.
JUDGE WHEELER: All right, you can answer.
JUDGE WHEELER: Overruled.
MS. CAPPLEMAN: All right. You've heard that Garcia shot a hole in the Prius?
PATRICK SANFORD: That's correct. Mr. Rivera told us that. We were unaware of it at the time.
PATRICK SANFORD: That's correct.
PATRICK SANFORD: Yes, we had already found the Prius and done a search of it at the time.
PATRICK SANFORD: The first initial time.
PATRICK SANFORD: No, they did not.
MS. CAPPLEMAN: After Rivera's proffer, what did law enforcement do?
PATRICK SANFORD: We reacquired the vehicle — because it was owned by a private company — reacquired the vehicle and did another search of it, lifted up the carpet basically and searched the floorboard, and then found the hole, and then underneath it found where the gas line had been severed and had been repaired.
MS. CAPPLEMAN: Okay. And what about the cocaine or crack dealer that Rivera alleges to law enforcement that he and Garcia had contact with — was that person identified?
PATRICK SANFORD: Yes, he was.
MS. CAPPLEMAN: All right. And that person also showed up in the phone records, correct?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Did you participate in a second meeting with Rivera on October 4th, 2016?
PATRICK SANFORD: Yes, I did.
MS. CAPPLEMAN: All right. And was there anything unusual or unethical about the way that interview was handled?
PATRICK SANFORD: No, it was not.
MS. CAPPLEMAN: Was anyone spoon-feeding or signaling Mr. Rivera as to how he should conduct himself or answer questions in that interview?
PATRICK SANFORD: No, absolutely not.
MS. CAPPLEMAN: Can you describe the efforts that were made to recover the firearm — the murder weapon in this case?
PATRICK SANFORD: Sure. We took Mr. Rivera out of the jail with a team of law enforcement officers and drove him down the route that we knew he took from his cell site data, basically — and it was down I-10 and down 75 all the way through Tampa, back down to Alligator Alley. So we drove him looking at each and every bridge. He described a bridge to us over water, and we stopped at basically every bridge on the way down and tried to refresh his memory to see if that was the right bridge or not. The first trip, he was not really able to come up with an exact bridge. He had some that he thought might be it, but he wasn't positive. So we went on to the next bridge, and we went to the next bridge, and he wasn't sure.
PATRICK SANFORD: Then we took another trip with him.
PATRICK SANFORD: I don't remember the date of that one. It wasn't long after.
PATRICK SANFORD: Took him again down to do the same thing, and he came across one of the bridges that he had originally said, "This might be it, but I'm not positive." He looked at it again. We got out and walked around a little bit, and he finally said, "I think this is the right bridge."
PATRICK SANFORD: After that, I obtained — it was outside of Tampa, this bridge that he identified.
PATRICK SANFORD: I took a team out of our Tampa FBI office — they're called an evidence response team, approximately 10, 12 people — went down, we had all the brush cut around this bridge, underneath the bridge by the river, had it all cut down, we used metal detectors and did a grid search underneath the bridge looking for a weapon.
PATRICK SANFORD: Then approximately a few weeks after that, I had a dive team come in — some from Miami Division and some from out of Virginia, our Quantico area.
PATRICK SANFORD: They're FBI agents that are trained to do technical evidence searches underwater.
PATRICK SANFORD: They brought their dive equipment down, and they did a grid search of the river underneath the bridge where he indicated the gun was thrown.
MS. CAPPLEMAN: So would you disagree or agree with the characterization that you just drove down to a couple bridges and then gave up?
PATRICK SANFORD: Oh, I totally disagree with that.
MS. CAPPLEMAN: All right. And did you get the impression that Rivera was attempting to help you find the gun, or taking you on a wild goose chase, or something else?
MR. DECOSTE: Objection. Improper bolstering.
JUDGE WHEELER: Overruled.
PATRICK SANFORD: No, I believe that he was trying to help. He was working at the best of his memory.
MS. CAPPLEMAN: The bridge that you all kind of settled on and did the more extensive work to try to locate the weapon — can you describe what kind of water was passing underneath there? Is it a situation where the gun could have been carried away by the current?
PATRICK SANFORD: Yes, definitely. It's um, it's one of the bridges — and there's multiple of them going around Tampa right there — but it was one of the bridges, it was a large body of water where the bay, Tampa Bay, comes up, and actually the tide fluctuates underneath there. Next to the bridge was also a pathway, a walking path where people had obviously been going down there and fishing underneath that bridge. They probably parked along the interstate — you could drive off the interstate there and park, because there was a — call it a pig trail, where there's clearly the brush is knocked down and it's bare where somebody could walk. And you go down and fish.
MS. CAPPLEMAN: And how long after the gun was deposited are we looking for the gun?
PATRICK SANFORD: Approximately two years later. I don't remember the exact date.
MS. CAPPLEMAN: All right. So somebody could have picked up the gun in the intervening two years?
MR. DECOSTE: Objection — speculation, leading. Move to strike.
JUDGE WHEELER: Overruled.
MS. CAPPLEMAN: Assuming you had the right bridge, there was opportunities for someone to interfere with the gun being there.
PATRICK SANFORD: Sure.
MS. CAPPLEMAN: And were there other bridges that were similar? I mean, did you think there were a bunch of bridges that looked the same?
PATRICK SANFORD: There were, absolutely.
MS. CAPPLEMAN: All right. So bottom line, never able to find the murder weapon.
PATRICK SANFORD: No.
MS. CAPPLEMAN: But no question that our victim was murdered, right, with a firearm?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. What about the information that Mr. Markel was planning to leave town the day after his murder — is that something that Mr. Rivera provided to law enforcement in his interviews?
PATRICK SANFORD: Yes, it is.
MS. CAPPLEMAN: And is that something — a piece — is that a piece of information that Rivera could have learned from a police report?
PATRICK SANFORD: Not to my knowledge. I've not seen that in a police report.
MS. CAPPLEMAN: And did that information check out? Was the victim planning to leave town the next day?
PATRICK SANFORD: Yes, according to what I was told it was.
MS. CAPPLEMAN: Okay. And that was from Wendi Adelson?
PATRICK SANFORD: I didn't interview Wendi Adelson.
MS. CAPPLEMAN: Okay. Did you review Wendi Adelson's interview?
PATRICK SANFORD: Yes, I did.
MS. CAPPLEMAN: Okay. All right. So you didn't personally hear from a witness that he planned to leave town, but your understanding is other law enforcement officers looked into that?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. All right, let's talk about Katherine Magbanua.
MS. CAPPLEMAN: Did you participate in the investigation of Ms. Magbanua as a suspect in this case?
PATRICK SANFORD: I did.
MS. CAPPLEMAN: Did you participate in surveilling her home between November of '15 and May of '16?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: And did you physically observe her during that time?
PATRICK SANFORD: I did.
MS. CAPPLEMAN: All right. Could you please point her out and describe what she's wearing?
PATRICK SANFORD: Um, she's at the table over there, wearing a black jacket and white shirt with glasses, and in the middle — in the middle.
MS. CAPPLEMAN: All right, thank you. They're both in the middle.
MS. CAPPLEMAN: All right. And did you observe Ms. Magbanua during the time that you were surveilling her home driving a black Lexus?
PATRICK SANFORD: I did.
PATRICK SANFORD: Yes, I do.
PATRICK SANFORD: That was a photo provided to me by a surveillance team out of Miami.
MS. CAPPLEMAN: Are the people in the vehicles in this exhibit consistent with what you observed during the time you were surveilling Ms. Magbanua?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. Who are we looking at?
PATRICK SANFORD: On the left in the green shirt is Charlie Adelson. On the right is Katherine Magbanua.
MS. CAPPLEMAN: And what vehicle are they getting into there?
PATRICK SANFORD: That is Mr. Adelson's Mercedes.
MS. CAPPLEMAN: What about the vehicle behind the Mercedes?
PATRICK SANFORD: That is the black Lexus that she was driving.
MS. CAPPLEMAN: And did you observe her driving that yourself during the time that you were surveilling her residence?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right. Did you make any efforts to try to verify the defendant's employment at the Adelson Institute?
PATRICK SANFORD: Yes, we did.
MS. CAPPLEMAN: And what efforts were those?
PATRICK SANFORD: We conducted wage and hour checks, which generally is through the state — that shows when taxes are taken out of somebody's employment, it shows that they are employed there.
PATRICK SANFORD: Then after that, we actually subpoenaed — took to the Adelson Institute a subpoena — and actually questioned a couple of the employees there.
MS. CAPPLEMAN: And when was that done?
PATRICK SANFORD: Refer to my —
PATRICK SANFORD: It was on June the 1st of 2016. Yes, I was. I did.
MS. CAPPLEMAN: Tell us about your experience in there.
PATRICK SANFORD: We walked in, approached the front counter, asked the first lady sitting at the counter if she knew Katherine Magbanua, and she replied that she did not.
PATRICK SANFORD: But then she stated that she would get her office manager to come.
PATRICK SANFORD: The office manager came.
PATRICK SANFORD: We asked her the same question. She said she did. We told her we had a subpoena for her, for her records.
PATRICK SANFORD: We asked her how she knew her, and she basically told us that she didn't know her, that she was just told that she works there on the weekends.
MS. CAPPLEMAN: All right, and who was the office manager that told you that?
PATRICK SANFORD: I believe it was a...
PATRICK SANFORD: Erica Johnson. I am refreshing my memory, I apologize.
MS. CAPPLEMAN: Yeah, just tell us before you do it.
PATRICK SANFORD: Okay. Sorry, let me refresh my memory. There's Erica Johnson.
MS. CAPPLEMAN: Okay. And were you— were you up on the wiretap at the time that you entered the Adelson Institute?
PATRICK SANFORD: Yes, we were.
MS. CAPPLEMAN: All right. And was a call made from Erica Johnson to Charlie Adelson while you were present in the Adelson Institute?
PATRICK SANFORD: It was.
MS. CAPPLEMAN: And that was a recorded call?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right. Judge, at this time, I'm asked to publish what's been previously introduced into evidence as State's 100.
JUDGE WHEELER: Okay, you may publish.
AUDIO RECORDING: For what?
AUDIO RECORDING: Did she work here?
AUDIO RECORDING: Yes. I don't know. They asked, did she work there? I was like, yes, she worked there, but I don't know what she wants.
AUDIO RECORDING: So then we're going to stand there.
AUDIO RECORDING: Yes. Do me a favor.
AUDIO RECORDING: I'm not there right now. I'm in a surgery.
AUDIO RECORDING: It's not my office.
AUDIO RECORDING: It's my dad's office.
AUDIO RECORDING: So I can't give anything out.
AUDIO RECORDING: I don't have access to it. I don't know where anything is.
AUDIO RECORDING: You don't have access to anything.
AUDIO RECORDING: I don't know where anything is either.
AUDIO RECORDING: So I would do this. I would not— I would not speak to anybody.
AUDIO RECORDING: You can— I mean, you can do whatever you want, but I don't— it's my dad's office, so I don't have access to any of that stuff. So talk to my dad, and I'm sure he'll be able to get whatever they want. Okay, I'm understanding.
AUDIO RECORDING: So if I had— and you can talk to whoever you want, I'm just saying I'm not going to talk to anybody.
AUDIO RECORDING: No, you know what I'm saying. Yeah, I mean, I shouldn't say don't talk to them.
AUDIO RECORDING: Talk to whoever on the planet you want to talk to, but it's not my office, and it's not your office.
AUDIO RECORDING: Right. So you don't have to give them, and I don't have records to give them, so I'm sure they'll be able to help them out in any way they can.
AUDIO RECORDING: Yeah. Yeah, tell them that it's not my office. The office was sold back to my dad, actually, a long time ago. So tell them that you will— so actually, you're talking to the wrong doctor, isn't it?
AUDIO RECORDING: Right, right. So what you need to do is tell them that you will get in contact.
AUDIO RECORDING: So tell them— I mean, it's not your office. You can't tell them that right now. No, yeah, they said within 20 days of reporting to the Florida State, to provide a— Are they there now or are they just standing? Yeah, they're on the back. I'm in the back. They're just waiting for me to come back. Oh, they want records? Yeah. Do me— do me a favor, I'm going to call you from the landline on your cell phone. Okay. Okay.
MS. CAPPLEMAN: A landline— and if he did that, that wasn't something that was captured on our wire, correct?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right, so Erica Johnson advised that Ms. Magbanua was working at the Adelson Institute on the weekends.
MS. CAPPLEMAN: You were surveilling her during this time period, right? I think we said November of '15 through when?
MS. CAPPLEMAN: May of '16?
PATRICK SANFORD: That sounds right.
MS. CAPPLEMAN: Okay, and during the time of the surveillance, was there any evidence that she went there on the weekends?
PATRICK SANFORD: No, there was not.
MS. CAPPLEMAN: Okay, you were monitoring her movements during that time.
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Through electronic surveillance, correct?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: All right. And the ultimate result of the subpoena to the Adelson Institute— all—
MS. CAPPLEMAN: —right, so State's Exhibit 68, basically just a list of paychecks, right?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: All right, was there ever any other information provided consistent with an employer?
PATRICK SANFORD: No, there was not.
MS. CAPPLEMAN: And I want to talk about what we've called the bump that occurred on April 19, 2016.
MS. CAPPLEMAN: Were you involved in the bump?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: What was the bump?
PATRICK SANFORD: The bump was basically a way for us to get activity started. We had the wire going, and we figured that they probably weren't talking about anything anymore since it's been a year, over a year, since the homicide had occurred. So we wanted to generate information to make them believe that Mr. Rivera, who's currently in prison, was cooperating— or actually not cooperating at that time that he was actually talking to other jailmates, other cellmates, and people in the jail, and had actually provided information about the murder to somebody else, and that that person was trying to extort the Adelsons for more money.
MS. CAPPLEMAN: All right, so just to clarify, this is before any arrests in this case, correct?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And it was obviously before Rivera's cooperation or any statements from Rivera to law enforcement?
PATRICK SANFORD: That's correct. We wanted to keep it quiet. So nobody knew that we were actually on to them.
MS. CAPPLEMAN: All right, and so whose phones was law enforcement authorized to listen to?
PATRICK SANFORD: It was Charlie Adelson's and Katherine Magbanua's.
MS. CAPPLEMAN: All right, and we watched a video of the bump, and the names "Katie" and "Tuto" and "Tato" are all used by the undercover. Why— what was the strategy behind saying the names to Donna Adelson?
PATRICK SANFORD: Well, because the Adelsons were already in the public limelight. They had already been put in the media as possible suspects because of the divorce. So we knew that she was probably already getting maybe allegations from people, things like that. So if we just went up to her and gave her a note that said "pay us money, we know what you did last summer," that she would probably throw that in the garbage without any legitimacy. So we had to create the idea that it was Mr. Rivera in prison, who committed the murder, who was part of it, that was actually telling people what had happened, to give it legitimacy. Thought if it was legitimate, it would get back to the people that committed it.
MS. CAPPLEMAN: All right, and so the idea was if it seemed like inside information or detailed information, they would take the threat seriously, and then information would travel through the conspiracy and we'd be able to see who's in it— who are the conspirators?
PATRICK SANFORD: Correct. It would follow the same pattern that we had noticed in the phone records.
MS. CAPPLEMAN: Okay. Have you seen— let's see, State's Exhibit 83 was what we call a bump wire.
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Do you know if this is the actual— I know this isn't the thing that was handed.
PATRICK SANFORD: It is the same photo, exact same article, just not the original paper that was given to Donna Adelson.
MS. CAPPLEMAN: All right, and did you document what was handwritten on the piece of paper that was actually handed to Donna Adelson?
PATRICK SANFORD: Unfortunately, no, I did not.
MS. CAPPLEMAN: Okay, meaning you didn't take a picture of it or a copy of it?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Okay. What about in a police report or a 302, as the FBI calls them?
PATRICK SANFORD: Yes, we document there— sorry, yes, we did document there.
MS. CAPPLEMAN: All right, so we do know what was written on there, correct?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Okay, what was that?
PATRICK SANFORD: It was the number $5,000 and a phone number.
MS. CAPPLEMAN: All right, and that was an FBI undercover phone number?
PATRICK SANFORD: Yes, it was.
MS. CAPPLEMAN: Belonging to Agent Jimenez, correct?
MS. CAPPLEMAN: And was that undercover number being monitored and recorded at all times by law enforcement during the operation?
PATRICK SANFORD: Yes, it was. We watched a portion of the bump. We watched the actual bump occur, and we watched Donna Adelson walk away.
MS. CAPPLEMAN: Were her movements continued to be monitored after she walked away from the undercover agent?
PATRICK SANFORD: Yes, they were.
MS. CAPPLEMAN: What did she do after she walked away?
PATRICK SANFORD: She immediately — didn't look at the paper, she folded it up, put it into her little pouch she had on, went to the crosswalk, walked across, went into the school, retrieved the children, then came back out and crossed the crosswalk and went back into the condominium.
MS. CAPPLEMAN: Did she make any phone calls during that time?
PATRICK SANFORD: No, she did not.
MS. CAPPLEMAN: And where was the bump relative to Donna Adelson's residence?
PATRICK SANFORD: It was the sidewalk right outside of her building. The Icon is a large building right on South Beach, large condominium, many stories, and right across her street is the school. So she literally comes out of the building, crosses the sidewalk, crosses the crosswalk — excuse me — goes to the school, then turns back across the crosswalk and goes back into the building.
MS. CAPPLEMAN: And once she goes back into the building, who's the first person that she calls?
PATRICK SANFORD: Charlie Adelson.
MS. CAPPLEMAN: Was that a call that was recorded pursuant to your wiretap?
PATRICK SANFORD: Yes, it was.
MS. CAPPLEMAN: All right. And have you had an opportunity to review State's 99, thumb drive containing the wiretap calls in the case?
PATRICK SANFORD: Yes, I have.
MS. CAPPLEMAN: All right. And does the thumb drive contain a fair and accurate copy of the calls that were selected and chosen to be admitted by the court in this case?
PATRICK SANFORD: Yes, they are.
MS. CAPPLEMAN: At this time I ask to move into evidence State's 99.
JUDGE WHEELER: Subject to any — any — new objections other than the ones previously stated on the record?
MR. DECOSTE: To the characterization that it was selected and chosen by the court to introduce. It was selected and chosen by the government to introduce.
JUDGE WHEELER: The government is introducing it.
MR. DECOSTE: Yes, Your Honor, nothing other than that, previously subject.
JUDGE WHEELER: All right. It will be admitted as State's exhibit 99.
MS. CAPPLEMAN: All right, Judge. At this time I would ask for permission to publish call A.
JUDGE WHEELER: All right. Let's see how the courtroom sound system is.
JUDGE WHEELER: And if necessary, or if the jurors feel like it's necessary, then we can revert to the headphones if they need to be heard again. Okay? We'll make that determination.
AUDIO RECORDING: — people. Did someone write a letter to you or something?
AUDIO RECORDING: I got some — I got some paperwork hand-delivered.
AUDIO RECORDING: You're being sued?
AUDIO RECORDING: No, that's what I thought it was.
AUDIO RECORDING: Okay.
AUDIO RECORDING: I can tell you that we were able to go out. Well, I'm in Mitch Klein's office. I'm in Park Boulevard.
AUDIO RECORDING: I'm right now in the skyline showroom. I'll be at this office.
AUDIO RECORDING: I will talk to you.
AUDIO RECORDING: I'll give you a heads up if I'm going to drive back that way.
AUDIO RECORDING: Okay. Is this involving you?
AUDIO RECORDING: No, no, no.
AUDIO RECORDING: No. Let me — uh, let me just talk to you later, and, um... Yeah, whatever. Is everyone's health okay?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: Well...
AUDIO RECORDING: All right. So let's — let's just find some time to talk to each other and take the boys for a walk, okay?
AUDIO RECORDING: You're gonna take the boys up there?
AUDIO RECORDING: Tomorrow.
AUDIO RECORDING: I'll be up at Mitch Klein's office.
AUDIO RECORDING: No, you have to go.
AUDIO RECORDING: Get up there and get back and talk to them.
AUDIO RECORDING: Can I ask you a question? Who's the paperwork staff on?
AUDIO RECORDING: I see them. It's good.
AUDIO RECORDING: Is it non-missed or?
AUDIO RECORDING: Dad actually works later tomorrow.
AUDIO RECORDING: You know, he goes in at 1 o'clock.
AUDIO RECORDING: We both work out of the gym from 9:30 to 10:30.
AUDIO RECORDING: Whatever it is, I'll keep a look at the paperwork.
AUDIO RECORDING: Yeah. I don't just know the items.
AUDIO RECORDING: I just would like you to review it and give me some input as to what reports are.
AUDIO RECORDING: Coming down tomorrow, Dad leaves at 12.
MS. CAPPLEMAN: All right. In this call, it sort of picks up mid-sentence. Can you explain why?
MS. CAPPLEMAN: Is there a part we didn't get? And if so, why?
PATRICK SANFORD: Not sure if it was minimized or if the call didn't come through at that exact time. I'm not sure why.
MS. CAPPLEMAN: All right. And during the discussion, at any point, does Donna say the name Katie on that call?
JUDGE WHEELER: Hold on one second. What's your objection?
MR. DECOSTE: Objection — improper opinion. The evidence speaks for itself.
JUDGE WHEELER: Overruled.
MS. CAPPLEMAN: Does she say Katie?
PATRICK SANFORD: No, she does not.
MS. CAPPLEMAN: Does she ever mention that she was handed a picture of her murdered son-in-law?
PATRICK SANFORD: No, she doesn't.
MS. CAPPLEMAN: Does she say the name Dan Markel?
PATRICK SANFORD: No, she doesn't.
MS. CAPPLEMAN: Does she call the police to report being approached by a gangster?
MR. DECOSTE: Objection.
JUDGE WHEELER: Hold on.
MR. DECOSTE: Objection — speculation.
JUDGE WHEELER: That's sustained.
MS. CAPPLEMAN: Okay. Um, Judge, I think we'll try publishing the next call, Call B, through the headphones and see if it's better quality than what we got.
JUDGE WHEELER: All right, so we have a headphone there for every juror. Um, we'll need the ones in the front to hand them back, if you could. And there's a little volume control on the front here. So each one controls, and you're going to have to do a little bit of figuring out whose controls whose. I don't know if they're numbered or not.
MS. CAPPLEMAN: They are numbered, Your Honor.
JUDGE WHEELER: Okay, so your set will be numbered with the control that's up here. Okay, and so if you need to turn them up, those who are sitting in front of the controls, I'm going to put you in charge. Okay, so if anybody behind needs them turned up, just indicate to the juror in front of you, please, to turn it up, and then you can listen to it if you need higher volume.
MS. CAPPLEMAN: Start it, give everyone a few moments to adjust their volume, and then we'll restart Call B.
JUDGE WHEELER: Alright, why don't we do that.
AUDIO RECORDING: And... it came over and you look at a young guy, an old guy, you...
AUDIO RECORDING: ...have to get this stuff in the store. I mean, it's crazy that someone gave you a letter like that.
AUDIO RECORDING: Is... this a person like threatening you or anything?
AUDIO RECORDING: Let... me ask you this. Do you want to take a big criminal letter and send it to someone?
AUDIO RECORDING: It wasn't, it wasn't the government or the military or something like... that.
AUDIO RECORDING: I mean, it's kind of a thing. It's kind of a thing. It's just a threat to the police.
AUDIO RECORDING: Okay.
MS. CAPPLEMAN: In the call that we just heard, are we still on 4-19 of '16?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And the copy of the article is mentioned in this call. Is Dan Markel's name mentioned?
PATRICK SANFORD: No, it's not.
MS. CAPPLEMAN: They mentioned going to the police. Did anyone call the police?
PATRICK SANFORD: No, they did not.
MS. CAPPLEMAN: And did they ever mention...
JUDGE WHEELER: Hold on a second.
MR. DECOSTE: Objection. Speculation.
JUDGE WHEELER: That's overruled. He can answer that based on his investigation.
MS. CAPPLEMAN: And what about the name Katie? Was it mentioned in this Call B?
PATRICK SANFORD: No, it was not.
MS. CAPPLEMAN: Alright. And is there another call — I know they're talking about meeting up in person — but is there another call shortly after the one we just heard between Charlie and Donna?
PATRICK SANFORD: Yes, there is.
MS. CAPPLEMAN: Alright. And in this one, who's calling who?
PATRICK SANFORD: Um, yeah, yeah — this is Charlie calling Donna back.
MS. CAPPLEMAN: Okay. And about how long after the call we just heard?
PATRICK SANFORD: Um, last one was at 2:35, this one's at three o'clock, so a good 20 minutes — 15 minutes.
MS. CAPPLEMAN: Alright. Right, because the last call was about nine minutes long, right?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Okay. Judge, at this time, I ask to publish C.
JUDGE WHEELER: You may.
MS. CAPPLEMAN: Headphones, headphones, everybody — headphones.
JUROR: Hey, Judge.
JUROR: Sorry, but I have a quick question for you.
AUDIO RECORDING: Well, one thing I would say is I would not be going to talk about things in the apartment or any place.
AUDIO RECORDING: No, I'm just saying — the other thing is: was it a person, black, white, Hispanic?
AUDIO RECORDING: White.
AUDIO RECORDING: And they just came up to you and they said your name and they handed you this paper?
AUDIO RECORDING: No, no.
AUDIO RECORDING: No, they didn't give it to me. It was something for white people and they couldn't do it.
AUDIO RECORDING: Really?
AUDIO RECORDING: Mm-hmm. And everybody wore hats on the last week, or? No, nothing.
AUDIO RECORDING: What's that? You mean you were just driving to?
AUDIO RECORDING: No, no, nothing.
AUDIO RECORDING: Was the person nervous, or were they angry?
AUDIO RECORDING: No. Are they actually? Are they trying to act?
AUDIO RECORDING: Is someone trying to be nervous? Is it something like that? It's not probably like...
AUDIO RECORDING: I mean, that's just like...
AUDIO RECORDING: Yeah. I mean, sometimes... after all the time, they're trying to do something like that.
AUDIO RECORDING: You... don't see it as bad as — like, if you look at it, it's bad.
AUDIO RECORDING: It's bad. It's bad. It's bad. It's not everything.
AUDIO RECORDING: Does... the person give you any kind of like time frame or anything?
AUDIO RECORDING: Um No.
MS. CAPPLEMAN: So in this call, we hear Donna Adelson mention a TV. This TV is probably about five —
MS. CAPPLEMAN: Is there any significance, based on your investigation, to the term "TV"?
JUDGE WHEELER: Hold on.
MR. DECOSTE: Objection — pretrial motions, improper opinion, and this witness can't comment on a piece of evidence.
JUDGE WHEELER: Overruled. You can answer the question.
PATRICK SANFORD: Significance to a TV? Yes. Early on in the investigation, Wendi — Wendi stated to Investigator Isom during the interview that her brother had joked about hiring a hitman, but a TV was cheaper than hiring a hitman.
MS. CAPPLEMAN: All right. And that was the same TV that was being repaired at Wendi's residence on the day of the homicide?
PATRICK SANFORD: Yes, it was.
MS. CAPPLEMAN: All right. And when she says "this TV is probably about $5,000," the amount written on the letter was how much again?
PATRICK SANFORD: $5,000.
MS. CAPPLEMAN: And in this call, we hear Donna mention an ex-girlfriend. Does she say the name Katie or Catherine Magbanua?
PATRICK SANFORD: No, she doesn't.
MS. CAPPLEMAN: Is Katie or Catherine Magbanua the only ex-girlfriend that Charlie Adelson has?
MR. DECOSTE: Objection. Speculation.
JUDGE WHEELER: Overruled.
PATRICK SANFORD: No, it's not.
MS. CAPPLEMAN: Okay. Is it his most recent? Is Katie or Catherine Magbanua, this defendant, the most recent ex-girlfriend of Charlie Adelson at this time?
PATRICK SANFORD: No.
MS. CAPPLEMAN: All right. Who is the ex-girlfriend that he calls next?
PATRICK SANFORD: Catherine Magbanua.
MS. CAPPLEMAN: On the wire, does Mr. Adelson discuss this matter with anybody else outside of his family and Catherine Magbanua?
PATRICK SANFORD: No, he doesn't.
MS. CAPPLEMAN: Judge, at this time, I'd ask to publish Call D.
AUDIO RECORDING: May. The bones.
AUDIO RECORDING: Hello?
AUDIO RECORDING: May, what's going on? I don't know.
AUDIO RECORDING: Is there someplace you can talk to me?
AUDIO RECORDING: Go ahead.
AUDIO RECORDING: What's that?
AUDIO RECORDING: There's a bomb right now on the top.
AUDIO RECORDING: Yeah. Oh, you can have it all the way up.
AUDIO RECORDING: I'm going to get up.
AUDIO RECORDING: What?
AUDIO RECORDING: I'm going to get up at...
AUDIO RECORDING: 10.
AUDIO RECORDING: Okay. I'm going to get back in there. I'm going to be in Miami when I'm done hanging out down there.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: I'm going to be right there. I'm going to figure somewhere else.
MS. CAPPLEMAN: In this call...
MS. CAPPLEMAN: What time was this call placed?
PATRICK SANFORD: This call was at 4:27 p.m.
MS. CAPPLEMAN: All right. So about an hour and a half after the prior call that we heard with Donna and Charlie?
PATRICK SANFORD: Approximately.
MS. CAPPLEMAN: All right. And were there efforts made to get up with the defendant by Charlie prior to the call we just heard?
PATRICK SANFORD: Yes, he called at least a couple of times prior to that.
MS. CAPPLEMAN: All right. Did he call at 3:33?
MS. CAPPLEMAN: Yes, that sounds right. All right, and she tried to call back at 4?
PATRICK SANFORD: No, that's in there.
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And then this contact occurred at 4:27, is that what you said?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. And in this call, Charlie relates to the defendant that the undercover gave his mom an envelope with something in it. Is that true?
PATRICK SANFORD: No, it's not true.
MS. CAPPLEMAN: Okay. The only thing that the undercover gave Donna, our understanding, is that flyer. Is that right?
PATRICK SANFORD: That's correct, the one piece of paper.
MS. CAPPLEMAN: Okay. And he also says that the undercover mentioned something about her son. Did the undercover mention her son?
PATRICK SANFORD: No, he did not.
MS. CAPPLEMAN: Did Donna mention that? Did Donna tell Charlie he mentioned "my son"?
PATRICK SANFORD: No.
MS. CAPPLEMAN: He also says that he thought his mom told him that they said her name, Catherine Magbanua's name. Did Donna tell him that they said her name?
PATRICK SANFORD: No, she didn't.
MS. CAPPLEMAN: Okay. And the undercover did say her name. He did say Katie, right?
PATRICK SANFORD: He did.
MS. CAPPLEMAN: Okay, but Donna hasn't told Charlie that?
PATRICK SANFORD: That's correct.
MR. DECOSTE: Objection.
MR. DECOSTE: Speculation, moved to strike. They only have limited communications.
JUDGE WHEELER: All right. And it needs to be limited to these phone calls, so ask the question again, Ms. Cappleman.
MS. CAPPLEMAN: Based on any evidence that you have, had Donna yet told Charlie they said Katie's name?
PATRICK SANFORD: No, she had not.
MS. CAPPLEMAN: Right. And Charlie says on that call that he called her because she was his last ex-girlfriend. And I asked you, you know, did the undercover say anything about a son? The undercover didn't reference Charlie at all, right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: He just said, according to Donna, he made a comment about an ex-girlfriend.
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Is there any discussion based on these calls of what ex-girlfriend, whose ex-girlfriend, "my, my ex-girlfriend? Which one?" Anything like that?
PATRICK SANFORD: No, there wasn't.
MS. CAPPLEMAN: And you mentioned earlier that there had been a couple other ex-girlfriends. Do you know who those were?
PATRICK SANFORD: I believe one was named — you want the names?
MS. CAPPLEMAN: Yes. If you need to refresh, just tell us.
PATRICK SANFORD: No, I believe one of them was Wendi Kick.
MS. CAPPLEMAN: Okay.
PATRICK SANFORD: Um —
MS. CAPPLEMAN: Was there a June Umchinda also in the mix?
PATRICK SANFORD: Yes, there was.
MS. CAPPLEMAN: Okay. All right. We heard on these calls that in-person meetings were planned. What was the first in-person meeting that occurred, to your knowledge? And I assume you were surveilling these people, is that correct?
PATRICK SANFORD: We were trying to.
MS. CAPPLEMAN: Okay. And what was the first in-person meeting that occurred after these calls that we just heard?
PATRICK SANFORD: The following day, on 4/20.
MS. CAPPLEMAN: All right. And who met?
PATRICK SANFORD: So Charlie went to the Icon, to his parents' condominium, and met with his mom, Donna Adelson.
MS. CAPPLEMAN: Did they meet inside the condominium?
PATRICK SANFORD: He went into the condominium, and then they came walking out together out the back door.
MS. CAPPLEMAN: How long were they inside before they came walking out the back door?
PATRICK SANFORD: Not very long, just a few minutes probably.
MS. CAPPLEMAN: Were you able to surveil or record anything that occurred while they were inside the building?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Where did they go once they came walking out the door?
PATRICK SANFORD: They walked out the back of the Icon and then walked down the boardwalk along it.
PATRICK SANFORD: There's a marina behind their building.
PATRICK SANFORD: Walked all the way down the boardwalk, and there's a restaurant down next to it named Monty's.
PATRICK SANFORD: They went behind Monty's and then sat at a little concrete cement picnic table by the water off the sidewalk behind Monty's.
MS. CAPPLEMAN: And did law enforcement attempt to intercept or record the conversation between Donna and Charlie at Monty's?
PATRICK SANFORD: Yes, we did.
MS. CAPPLEMAN: What was the outcome?
PATRICK SANFORD: We were not able to get close enough to them to be able to pick up their voices, obviously.
MS. CAPPLEMAN: Why not? Explain.
PATRICK SANFORD: They sat away from everything. There was nothing around them but a sidewalk. There's water on one side of them, sidewalk on the other, nothing else around them. So the recording devices we had were concealed, but we had them on our persons, and we would have to walk up to them and, you know, stand in the area of them while they're talking, which would have been tremendously suspicious.
MS. CAPPLEMAN: Okay, so you didn't feel like there was an opportunity to get any closer?
PATRICK SANFORD: We got as close as we could. There was a little tiki hut there — we stood right by the tiki hut. Somebody else took another device, went, sat at a table adjacent to them, just across the sidewalk though.
MS. CAPPLEMAN: Was there any ambient noise in the area?
PATRICK SANFORD: There was. At the tiki hut they were playing music, and there was some construction in the area too.
MS. CAPPLEMAN: This is kind of like a marina area?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: Did you observe the meeting between Charlie and Donna?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: What time of day did that meeting occur?
PATRICK SANFORD: Approximately one o'clock in the afternoon, P.M.
MS. CAPPLEMAN: How long did it last?
PATRICK SANFORD: About 30 minutes.
MS. CAPPLEMAN: Can you describe the demeanor of these two when they met?
PATRICK SANFORD: Yeah, they sat really close to each other, side by side. Even though it was like a round table with chairs around it, they sat right next to each other side by side, and they were leaning over, leaning toward each other, talking very closely.
MS. CAPPLEMAN: And did you take a photograph, or did one of the officers take a photograph of this meeting?
PATRICK SANFORD: I took it, yes.
MS. CAPPLEMAN: You said it's 53.
MS. CAPPLEMAN: Is that State's 53?
PATRICK SANFORD: Yes, it is.
MS. CAPPLEMAN: How do you recognize it?
PATRICK SANFORD: That's the photograph I took.
MS. CAPPLEMAN: Is it a fair and accurate photo of Charlie and Donna at this meeting when you observed them?
PATRICK SANFORD: Yes, it is.
MS. CAPPLEMAN: So at this time, I'd ask to introduce State's 53.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: It's admitted as State's 53.
JUDGE WHEELER: You may.
MS. CAPPLEMAN: Did Charlie make a phone call to the defendant in this case?
PATRICK SANFORD: Yes, he did.
MS. CAPPLEMAN: What time was that call placed?
PATRICK SANFORD: I'm going to refer back to my notes.
MS. CAPPLEMAN: Yes, sir.
PATRICK SANFORD: That was at 3:14 P.M.
MS. CAPPLEMAN: At this time, I'd ask to publish Call E, Your Honor.
JUDGE WHEELER: You may.
MS. CAPPLEMAN: Okay.
AUDIO RECORDING: Hello.
AUDIO RECORDING: Keep going down until you see the awesome one. What was that?
AUDIO RECORDING: Keep going down until you see the awesome one.
AUDIO RECORDING: You'll see it as well.
AUDIO RECORDING: Yeah, yeah. Turn it in. Go all the way down until you see all the, all the, all the —
MS. CAPPLEMAN: So, next we hear this call where they appear to be making plans to meet. Did a meeting take place?
PATRICK SANFORD: Yes, it did.
MS. CAPPLEMAN: And where did the meeting take place?
PATRICK SANFORD: Well, it began right in front of her employment, which is Optima Realty. For the first, he pulled up there and I believe she got in the car with him for a few minutes, and then they went into a restaurant called Dolce Vita. And that's the recording that we've heard some testimony about, efforts to clarify the recording.
MS. CAPPLEMAN: That's correct.
MS. CAPPLEMAN: Have you had an opportunity to listen to the recording from Dolce?
PATRICK SANFORD: Yes, I have.
MS. CAPPLEMAN: About how long is that recording?
PATRICK SANFORD: Um, approximately — I believe it's just under an hour.
MS. CAPPLEMAN: All right, Judge, would this be a good time to pause for the day, or would you like to press on with the —
JUDGE WHEELER: I think it'll be a good time to pause for the day. Okay, all right. So, uh, we're gonna let you go for, uh, the evening. Uh, again, as I remind you, uh, no conversations, no, uh, internet searches, no talking amongst yourselves. And we'll see you back — we'll start promptly, uh, tomorrow morning. Please return by 8:30 in the morning. Okay, all right. Deputy will escort you out. We'll work on that.
MS. CAPPLEMAN: All right, jury's out of the courtroom, the door is closed. And, uh, Mr. Sanford, you are excused until 8:30 tomorrow morning.
PATRICK SANFORD: All right, thank you, sir.
JUDGE WHEELER: Now we're going to take care of a few matters here in the courtroom. You all may be seated. And we're going to stay in session for just a few minutes.
MS. CAPPLEMAN: Judge, while he's stepping out, as the jurors are exiting the courtroom, this juror here in the front row, second juror over, advised me that he'd like us to work on the situation with his chair overnight. So maybe we can put him at the end. But he's had three or four incidences of falling backward in this chair.
JUDGE WHEELER: Okay, which juror?
MS. CAPPLEMAN: This second chair here, second juror in the front row.
JUDGE WHEELER: Second juror in the front row?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: Okay. All right, can we check out that chair?
JUDGE WHEELER: Apparently a juror's having a problem with the second chair in the front row.
JUDGE WHEELER: Okay, all right, thank you. All right, we'll take care of that. If we need to move some chairs around or get one from another place, we'll do that.
JUDGE WHEELER: All right, let's just address a few things. So for tomorrow, Ms. Cappleman, as best you can anticipate, you'll probably continue this until?
MS. CAPPLEMAN: Probably we'll take up a large part of the morning. I would expect we could begin processing the witness by lunch.
JUDGE WHEELER: All right. And so cross-examination then will begin either late morning or after we break for lunch. And then, um, so then we'll anticipate then that the State is going to rest at that time?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: Okay. So, uh, the defense can anticipate that. And so, uh, in the afternoon, potentially based on the cross-examination, uh, we might get into the defense case. Um, and so it's helpful to the Court if you do have anticipated witnesses listed for me on a piece of paper, and just for my organization as we move forward. Okay. And then we'll need to know, uh, at that point also whether or not, uh, Miss Magbanua will be testifying, so I'll make an inquiry, uh, as to that. Um, the jury instructions have been sent, uh, so, uh, let's start reviewing those so that we're prepared, uh, for those discussions. And then there is a matter or two that I need to discuss with counsel sidebar. But is there anything else that we need to discuss before that, Ms. Kawass?
MS. KAWASS: Just one minor thing, just in relation to the jail calls that you have ruled on more privileged, um, between myself and Mr. Garcia.
JUDGE WHEELER: Yeah.
MS. KAWASS: I just want to ensure that none of that was — if, if it were filed with the clerk, I would ask that would be sealed.
JUDGE WHEELER: Um, all right. I don't — those weren't filed with the clerk, were they?
MS. KAWASS: No, sir.
JUDGE WHEELER: Okay, we should be good.
MS. KAWASS: All right, perfect. Thank you, Judge.
JUDGE WHEELER: Mr. DeCoste, anything else?
MR. DECOSTE: Two things. I need to request through the Court over to the State...
JUDGE WHEELER: All right.
MS. CAPPLEMAN: Before you go on with that, those items were part of discovery, so I think they are public record.
MS. KAWASS: Which is why I would request that they be sealed.
JUDGE WHEELER: All right. Let's, let's, uh, Madam Clerk — so, uh, the discovery that was provided, uh, it would have been on what day?
MS. KAWASS: They were — the calls were physically provided to us, I think on —
MS. CAPPLEMAN: It was a couple different batches. So I think we can just reference all the jail calls that have been provided during the course of the trial.
JUDGE WHEELER: All right. So, Madam Clerk, any jail calls that were provided during the course of the trial at this point will remain under seal, please.
JUDGE WHEELER: Okay. If you have any questions as to which one, then you can just address it with me in court tomorrow morning. But, as, as, uh, um, if there's any question at this point as to whether they should be sealed, just seal them. And then, um, if we need to release them at a future date, then we'll do that. Okay.
MS. KAWASS: All right, thank you.
MS. CAPPLEMAN: And I'm court-ordered not to release them as well, is that right?
JUDGE WHEELER: Correct.
JUDGE WHEELER: All right. All right, Mr. DeCoste.
MR. DECOSTE: Okay. Great. It appears that we do have the trooper now — Jason has helped out with that, I can just take that out. One request, through the Court, over the State: when they were entering in one of the phone calls, they said that this was selected by the Court, which is highly improper. It is their selection — the Court ruled on a motion. But to say that in front of the jury indicated somehow that the Court decided that these calls should come in, which I think all could agree that that was improper.
MR. DECOSTE: I will consider it to be a slip-up by the State.
JUDGE WHEELER: All right, let's avoid that language in the future. I didn't hear that, but I don't, I don't question that, but let's make sure that we use the appropriate language in the future. I think at this point the jury has a pretty good idea who's putting evidence in the case. And so I will acknowledge it, and I appreciate you acknowledging it as a slip-up. At this point we'll move forward appropriately.
MR. DECOSTE: With respect to a defense case — and I, I feel that it's fair to the Court to let you know — we are calling a number of witnesses, we do have a cell-phone expert, there's a question if Ms. Magbanua testifies, we're now knowing that the State is closing, flying in several people from South Florida — one of them is actually in Atlanta now, we're trying to catch him and get him here. We are calling a number of Tallahassee Police Department officers. The reason why I bring it up: how wanting is the Court to close on Friday? I think that's the soonest it could get, but the fear is that there's a closing argument and the jury's getting a case at four o'clock in the afternoon before a three-day weekend.
JUDGE WHEELER: All right, well, I'm gonna try to avoid that. And so if you anticipate — let's say that the State rests tomorrow afternoon and you start your witnesses tomorrow afternoon, and if you think that they're gonna go through Thursday—
MR. DECOSTE: I think that — and I say this conservatively and not counting pages — my cross of Sanford, I don't even know what else they're going to ask him on, so it's growing as we're going, is going to be the equivalent of my cross of blue surveyor.
JUDGE WHEELER: All right. So I anticipate that the State will rest then sometime tomorrow afternoon.
MR. DECOSTE: Yeah, if we can call, you know, one or two witnesses then. But in adding up the total amount of testimony, and obviously there's a chance of a rebuttal case by the government, I'm thinking ten hours' worth of testimony time.
JUDGE WHEELER: All right, so you anticipate then through Thursday and maybe Friday morning.
MR. DECOSTE: Correct.
JUDGE WHEELER: Okay. Then what I would anticipate is that, um, Friday morning we would conclude with your case, see whether there's not any rebuttal witnesses or not, and then, um, if we have a good bit of the afternoon, then we do jury instructions and closing, and then — or see how much time we have — and then they will be excused and we bring them back for deliberations.
MR. DECOSTE: I share just so the Court knows where we're at, and we will give you our data.
JUDGE WHEELER: And I appreciate that. I like to plan ahead. The matters that I need to discuss are in regards to — there's nothing urgent, but the sidebar is in regards to the jurors, so that we're not presenting any information to the public in regards to some of those issues. And so let's just go sidebar to have a short discussion about that.
JUDGE WHEELER: All right, so we will be in recess until the jurors are assembled tomorrow, and we'll start tomorrow morning 8:45 here in the courtroom. All right, thank you. Have a good evening, all.
JUDGE WHEELER: Madam Court Reporter, thank you.