7.Patrick Sanford — Direct (Part 1)
1,037 linesMS. CAPPLEMAN: The State recalls Special Agent Bronstein.
JUDGE WHEELER: All right. Special Agent Bronstein, please.
(Pause. )
JUDGE WHEELER: All right. Mr. Bronstein, you have previously been sworn to tell the truth. You are still under oath. All right, sir?
JAMES KEITH MCELVEEN: Yes, sir.
JUDGE WHEELER: All right. Thank you. Just have a seat.
whereupon, LOUIS BRONSTEIN was re-called as a witness, having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: we just missed you. It has 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's 114 and ask if 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: Okay. Judge, at this time I would ask to move into evidence State's 114.
JUDGE WHEELER: Any objection other than those previously stated on the record?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: Thank you. It will be admitted as State's 114.
(State's Exhibit 114 received in evidence.)
MS. CAPPLEMAN: No further questions. Thank you, Judge.
JUDGE WHEELER: All right.
MS. CAPPLEMAN: I think that clears it up.
JUDGE WHEELER: All right. Do you have any cross-examination?
MR. DECOSTE: I would 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. You are free to go. Thank you.
All right. The State may call its next witness.
MS. CAPPLEMAN: The State calls Agent Pat Sanford.
JUDGE WHEELER: Agent Sanford, please.
(Pause. )
JUDGE WHEELER: Good afternoon. Before you have a seat, we are going to swear you in.
LOUIS BRONSTEIN: Yes, sir.
JUDGE WHEELER: Please raise your right hand and respond to the clerk.
whereupon, PAT SANFORD was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE WHEELER: Thank you. Please have a seat.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
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 just 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 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 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: Was there a wiretap associated with that case?
PATRICK SANFORD: Yes, done by the DEA and ATF, federal agencies.
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: 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, they were not. We scrubbed those records thoroughly. I 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 on the wiretap and all the other data mining that was done in this case, which of the players from our Adelson family poster --
MS. CAPPLEMAN: Would you mind putting that -- I think it is demonstrative C -- up? It should already be in evidence.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: which of those folks was -- okay. who on this chart was Luis Rivera linked to?
PATRICK SANFORD: Luis Rivera was linked to Sigfredo Garcia.
MS. CAPPLEMAN: Okay. And who was Sigfredo Garcia linked to? And 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. There was 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, nothing else to report through any of the data that was collected in this case?
PATRICK SANFORD: No, nothing.
MS. CAPPLEMAN: All right. And you're aware that Rivera choose to become a witness in this case?
MR. DECOSTE: Objection, Your Honor. Again, leading.
JUDGE WHEELER: Overruled. Let's put it in the form of a question for now.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: 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 a 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 he gave his proffered testimony on September 30th, 20167
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 is 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 are 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?
PATRICK SANFORD: A while. Including the car trips?
MS. CAPPLEMAN: Sure.
PATRICK SANFORD: Yeah, including the 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 learned something new from a subject in a -- 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 a car. Was that an example of that when y'all were trying to look for the gun? Right?
PATRICK SANFORD: 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 is already in evidence, Judge, that Garcia shot a hole in the Prius.
JUDGE WHEELER: All right. You can answer. Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Did Garcia -- you 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.
MS. CAPPLEMAN: I'm publishing State's Exhibit 50. That was previously something that was unknown to law enforcement, wasn't it?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And law enforcement -- at the time that Rivera gave his proffer, hadn't they already found the Prius?
PATRICK SANFORD: Yes, we had already found the Prius and done a search of it at the time -- the first initial time.
MS. CAPPLEMAN: All right. And during that initial search prior to Rivera's proffer, did you discover the hole in the Prius?
PATRICK SANFORD: No, they did not.
MS. CAPPLEMAN: All right. So as a result of 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, and then 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 law enforcement -- alleges to law enforcement that he and Garcia had contact with in Tallahassee? 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, there was not.
MR. DECOSTE: Objection. Improper bolstering.
JUDGE WHEELER: Overruled.
BY MS. CAPPLEMAN:
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 witha 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 kept -- he wasn't sure. Then we took another trip with him. TI don't remember the date of that one. It wasn't long after.
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.
After that, I took -- I obtained -- it was outside of Tampa, this bridge that he identified. I took a team out of our Tampa FBI office. They are called an evidence response team, approximately 10, 12 people. I went down. we had all the brush cut around this bridge, underneath the bridge, by the river. I had it all cut down. we used metal detectors and did a grid search underneath the bridge looking for a weapon.
Then approximately a few weeks after that, I had a dive team come in, some from the Miami division and some from out of Virginia -- our Quantico area. They are FBI agents that are trained to do technical evidence searches underwater. 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 you just drove down to a couple of bridges and then gave up?
PATRICK SANFORD: 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 -- the best of his memory.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: The bridge that y'all kind of settled on and did the more extensive work to try to locate the weapon, can you describe, like, 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 one of the bridges -- and there's multiple of them going around Tampa right there. But it was one of the bridges that 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 can drive off the interstate there and park because there was a -- they called it a pig trail where there is -- clearly the brush is knocked down. And it is bare where somebody could walk and go down there and fish.
MS. CAPPLEMAN: And how long after the gun was deposited are we looking for the gun?
PATRICK SANFORD: Oh, wow, approximately two years later. TI don't remember the exact date.
MS. CAPPLEMAN: All right. So somebody could have picked up the gun in the intervening two years, assuming you had the right bridge?
MR. DECOSTE: Objection. Speculation. Leading. Move to strike.
JUDGE WHEELER: Overruled.
BY MS. CAPPLEMAN:
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: All right. 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?
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 -- 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: All right. 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, he was.
MS. CAPPLEMAN: Okay. And that was from wendi Adelson?
PATRICK SANFORD: I didn't interview Wendi Adelson.
MS. CAPPLEMAN: Did you review wendi Adelson's interview?
PATRICK SANFORD: Yes, I did.
MS. CAPPLEMAN: All right. So you didn't personally hear froma witness that he was planning to leave town, but your understanding is other law enforcement officers looked into that?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. Let's talk about Katherine Magbanua. Did you participate in the investigation of Ms. Magbanua as a suspect in this case?
PATRICK SANFORD: Yes, 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 is wearing?
PATRICK SANFORD: She is at the table over there wearing a black jacket and white shirt with glasses in the middle.
MS. CAPPLEMAN: In the middle. All right. Thank you.
MR. DECOSTE: They are both in the middle.
BY MS. CAPPLEMAN:
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.
MS. CAPPLEMAN: I'll show you what's been introduced into evidence as State's 54. Do you recognize this exhibit?
PATRICK SANFORD: Yes, I do.
MS. CAPPLEMAN: How do you recognize it?
PATRICK SANFORD: That was a photo provided to me by a surveillance team out of Miami.
MS. CAPPLEMAN: All right. And 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, and 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. It shows when taxes are taken out of somebody's employment. It shows that they are employed there. Then after that we began -- 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: If I can refer to my --
MS. CAPPLEMAN: You may.
PATRICK SANFORD: Okay. It was on June the Ist of 2016.
MS. CAPPLEMAN: And were you physically present for the delivery of that subpoena?
PATRICK SANFORD: Yes, I was.
MS. CAPPLEMAN: And did you go into the Adelson Institute?
PATRICK SANFORD: I did.
MS. CAPPLEMAN: All right. 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. But then she stated that she would get her office manager to come.
The office manager came. we asked her the same question. She said she did. we told her we had a subpoena for her -- for her records. 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 Erika Johnson.
MS. CAPPLEMAN: Are you refreshing --
PATRICK SANFORD: I am refreshing my memory. I apologize.
MS. CAPPLEMAN: Just tell us before you do it.
PATRICK SANFORD: Okay. Sorry. I need to refresh my memory. It was Erika Johnson.
MS. CAPPLEMAN: Okay. And 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 Erika 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'd ask to publish what's been previously introduced into evidence as State's 100.
JUDGE WHEELER: Okay. You may publish.
(An audio 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.)
(Audio begins:)
CHARLIE ADELSON: Hey, what's going on?
ERIKA JOHNSON: Hey, the FBI is here asking for records for Katie.
CHARLIE ADELSON: For what?
ERIKA JOHNSON: That she -- that she works here.
CHARLIE ADELSON: I would -- I wouldn't give anything.
ERIKA JOHNSON: Yeah, and then --
CHARLIE ADELSON: I don't know.
ERIKA JOHNSON: And they asked -- they asked did she work here?
And I was like, Yeah, she works here, but I don't know what you want. (Inaudible.)
CHARLIE ADELSON: Erika? Erika?
ERIKA JOHNSON: Yeah.
CHARLIE ADELSON: Do me a favor. I'm not there right now.
ERIKA JOHNSON: Uh-huh.
CHARLIE ADELSON: And I'm in surgery.
ERIKA JOHNSON: Uh-huh.
CHARLIE ADELSON: And it's not my office. It's my dad's office.
ERIKA JOHNSON: Uh-huh.
CHARLIE ADELSON: So I can't give anything out.
ERIKA JOHNSON: Right.
CHARLIE ADELSON: You know, I don't have access to it. I don't know where anything is.
ERIKA JOHNSON: Okay.
CHARLIE ADELSON: So you don't have access to anything, so --
ERIKA JOHNSON: I don't know where anything is either.
CHARLIE ADELSON: Yeah, so I would do this. I would not -- I would not speak to anybody.
ERIKA JOHNSON: Uh-huh.
CHARLIE ADELSON: I mean, you can -- I mean, you can do whatever you want, but I don't -- it's my dad's office.
ERIKA JOHNSON: Yeah.
CHARLIE ADELSON: So I don't have access to any of that stuff.
ERIKA JOHNSON: Okay.
CHARLIE ADELSON: So they can talk to my dad, and I'm sure they will be able to get whatever they want from them.
ERIKA JOHNSON: Okay. Understandable.
CHARLIE ADELSON: So if I had it -- I mean, look, you can talk to whoever you want. I shouldn't say, Don't talk to anybody.
ERIKA JOHNSON: No, you know I'm going to do whatever you tell me.
CHARLIE ADELSON: No, no, no. I mean, I'm not -- I shouldn't say, Don't talk to anyone. Talk to whoever on the planet you want to talk to. But it's not my office, and it's not your office --
ERIKA JOHNSON: Right.
CHARLIE ADELSON: -- so you don't have records 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 -- any way they can.
ERIKA JOHNSON: Okay. So that's what I'll tell them.
CHARLIE ADELSON: Tell them that -- yeah, tell them that it's not -- I mean, it's not my office. The office was sold back to my dad actually a long time ago.
ERIKA JOHNSON: Right.
CHARLIE ADELSON: So tell them that you'll -- so actually you're talking to the wrong Dr. Adelson.
ERIKA JOHNSON: Right, right, right.
CHARLIE ADELSON: So what you need to do is tell them that you will be in contact -- tell them -- I mean, it's not your office. You can't give out records.
ERIKA JOHNSON: Yeah. Here they said: Within 20 days, the court orders that you provide just cause, reason that you --
CHARLIE ADELSON: Are they there now, or did they send --
ERIKA JOHNSON: They're here but I'm in the back. I'm in the back. They're just waiting for me to come back.
CHARLIE ADELSON: Oh, and they want records?
ERIKA JOHNSON: Yeah.
CHARLIE ADELSON: Do me a -- do me a favor. I'm going to call you from a landline on your cell phone, okay?
ERIKA JOHNSON: Okay.
CHARLIE ADELSON: All right. Bye.
ERIKA JOHNSON: Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: What was the word he said, if you know? What kind of line is he going to call her from?
PATRICK SANFORD: A landline.
MS. CAPPLEMAN: Okay. And that 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 Erika Johnson advised that Ms. Magbanua was working at the Adelson Institute on the weekends. You were surveilling her during this time period, right? I think we said November of '15 through when? 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. Through electronic surveillance, correct.
MS. CAPPLEMAN: All right. And the ultimate result of the subpoena to the Adelson Institute was State's Exhibit 68. All right. So State's Exhibit 68 is 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: All right. I want to talk about what we've called the bump that occurred on April 19, 2016. 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 is currently in prison, was cooperating -- or actually not cooperating at that time -- that he was actually talking to other jail mates -- other cell mates 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: Was it -- and it was obviously before Rivera's cooperation or any statements from Rivera to law enforcement; is that right?
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 were -- 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. And we 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 would 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 called the bump flyer?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Do you know what I'm talking about? And State's 83, do you know if this is the actual -- I know this isn't the thing that was handed to Donna Adelson. But is this the same photo and article that were handed to her?
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 ora 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 documented --
MS. CAPPLEMAN: -- did you document there?
PATRICK SANFORD: Sorry. Yes, we did document there.
MS. CAPPLEMAN: All right. So we do know what was written on there?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: And 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?
PATRICK SANFORD: 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.
MS. CAPPLEMAN: we watched a portion of the bump -- we watched the actual bump occur, and we watched Donna Adelson walk away. was she continued -- her movements -- 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 her 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. It is a -- 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, and then returns back across the crosswalk and goes back into her building.
MS. CAPPLEMAN: And once she goes back into the building, who is 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, a thumb drive containing the wiretap calls in this 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: Judge, at this time I'd ask to move into evidence State's 99.
JUDGE WHEELER: Subject to 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. It was selected and chosen by the government to introduce it.
JUDGE WHEELER: The government is introducing it.
MR. DECOSTE: Yes, Your Honor. Nothing other than the previous objections.
JUDGE WHEELER: All right. It will be admitted as State's Exhibit 99.
(State's Exhibit 99 received in evidence.)
MS. CAPPLEMAN: All right, Judge. At this time I would ask for permission to publish Call A.
JUDGE WHEELER: You may.
MS. CAPPLEMAN: All right. Judge, for these exhibits, we are going to start with the courtroom sound system. But if we need them, the headphones are available; so we can just kind of see.
JUDGE WHEELER: All right. Let's see how the courtroom sound system is. And if necessary -- or if the jurors feel like it is necessary, then we can revert to the headphones if they need to be heard again. Okay. we will make that determination.
MS. CAPPLEMAN: Yes, Your Honor.
(An audio 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.)
(Audio begins:)
DONNA ADELSON: So, you know, if you have time tonight after work or some other time in the very near future, I'm going to need to speak with you.
CHARLIE ADELSON: Okay.
DONNA ADELSON: Okay.
CHARLIE ADELSON: Did someone write a letter to you or something?
DONNA ADELSON: I got some -- I got some paperwork hand-delivered to me.
CHARLIE ADELSON: You're being sued?
DONNA ADELSON: No. That's what I thought it was, but I'm going to need to talk to you.
CHARLIE ADELSON: Okay.
DONNA ADELSON: Okay. So, I mean, I could even --
(inaudible) have to figure out something (inaudible)
DONNA ADELSON: wherever you are --
CHARLIE ADELSON: well, I'm at Mitch Kline's office on Oakland Park Boulevard.
DONNA ADELSON: Okay.
CHARLIE ADELSON: So I'm -- right now I'm at (inaudible), and then I'll be at his office in the -- in the afternoon.
DONNA ADELSON: Okay. So the boys will finish their -- they will finish their piano lesson around 4:00ish, and it may take me -- depending how bad the traffic will be. I may take a ride with them up there.
CHARLIE ADELSON: Does dad know about this?
DONNA ADELSON: No, dad's at work today, fortunately.
CHARLIE ADELSON: what's Cinaudible) the IRS or --
DONNA ADELSON: You know, those IRS people, they kind of bother you sometimes, but, you know, fortunately not now.
CHARLIE ADELSON: TI got you.
DONNA ADELSON: So I will talk to you. I will give you a heads-up if I am going to drive out that way.
CHARLIE ADELSON: All right.
DONNA ADELSON: Okay? And Cinaudible) --
CHARLIE ADELSON: Does Wendi know about it? Does it involve wendi or anything?
DONNA ADELSON: No, no, no, no, no, no, no. So let me just talk to you later and --
CHARLIE ADELSON: what is it? Is everyone's health okay?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: All right. Does it involve me or other people?
DONNA ADELSON: Well, probably both of us.
CHARLIE ADELSON: what's that?
DONNA ADELSON: Probably the two of us. So you probably have a general idea what I'm talking about.
CHARLIE ADELSON: All right.
DONNA ADELSON: So let's -- let's just find some time to talk to each other, and I'll take the boys for a ride, okay?
CHARLIE ADELSON: Are you going to take the boys up there?
DONNA ADELSON: Well, Wendi doesn't come home -- she doesn't get here until about 7:00, and that's when dad gets here.
CHARLIE ADELSON: So it's urgent you talk to me today?
DONNA ADELSON: Today or tomorrow. I mean, it's important.
CHARLIE ADELSON: All right.
DONNA ADELSON: I don't know what to do.
CHARLIE ADELSON: well, I will be up at Mitch Kline's office. Do you want to come up --
DONNA ADELSON: Until late?
CHARLIE ADELSON: Oh, yeah, until really late.
DONNA ADELSON: I'm just concerned that I would have to get up there and get back in time for Wendi to get them. Sometimes she gets out a little early. I wouldn't want her to come and them not be here. (Inaudible).
CHARLIE ADELSON: Can I ask you a question? who was the paperwork sent from?
DONNA ADELSON: I see, Ben. That's great.
It was something that came hand to hand to me as I exited the building today.
CHARLIE ADELSON: Was it -- was it anonymous or --
DONNA ADELSON: Oh, no, it's not anonymous. It's not anonymous. I just don't want to discuss it over the phone.
CHARLIE ADELSON: All right. Whatever it is, it is.
DONNA ADELSON: I know.
CHARLIE ADELSON: All right. It's silly, but if you want --
DONNA ADELSON: I wouldn't bother you. Trust me.
CHARLIE ADELSON: Yeah, I know. I know. Do you want me to come down to see you tomorrow? I actually have the day off.
DONNA ADELSON: Yes, that would be wonderful. Dad actually works later tomorrow. You know, he goes in at 1:00 o'clock. we both work out at the gym from 9:30 to 10:30, so --
CHARLIE ADELSON: whatever it is, I'll take a look at the paperwork.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: I hope it's not the IRS, but I will --
DONNA ADELSON: I just would like you to review it and to give me some input as to what -- what your thoughts are.
CHARLIE ADELSON: All right.
DONNA ADELSON: Okay. So come down tomorrow. Dad leaves at 12:00. So anytime after 12:00 would be good.
CHARLIE ADELSON: 12:00 tomorrow?
DONNA ADELSON: Yeah, he leaves at 12:00. He starts at 1:00 there. So 12:00, 12:15 Cinaudible).
CHARLIE ADELSON: All right. I will come down in the afternoon. That way I can hang out with you and see the boys too.
DONNA ADELSON: That would be great.
CHARLIE ADELSON: Perfect. All right. I will talk to you later.
DONNA ADELSON: Love you, honey. Bye.
CHARLIE ADELSON: Love you. Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. In this call it sort of picks up mid-sentence. Can you explain why? Is there a part we didn't get? And if so, why?
PATRICK SANFORD: I'm not sure if it was minimized or if the call just 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.
JUDGE WHEELER: Overruled.
MR. DECOSTE: And the evidence speaks for itself.
JUDGE WHEELER: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did 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. Sidebar.
JUDGE WHEELER: That's sustained.
MS. CAPPLEMAN: Okay. Judge, I think we will try publishing the next call, Call B, through the headphones and see if it is better quality than what we got.
JUDGE WHEELER: All right. So we have a headphone there for every juror. we will need the ones in the front to hand them back, if you could. And there is a little volume control on the front here, okay? So each one controls -- and you are going to have to do a little bit of figuring out whose controls whose. I don't know if they are 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. 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: Judge, I think what we will do, if it is acceptable for everyone, is start it, give everyone a few moments to adjust their volume, and then we will restart Call B.
JUDGE WHEELER: All right. why don't we do that.
MS. CAPPLEMAN: Let's start Call B. They are just going to adjust the volume.
(An audio 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.)
(Audio begins:)
CHARLIE ADELSON: Hey. How are you?
DONNA ADELSON: Okay.
CHARLIE ADELSON: Good. Is it -- is it me not paying the SunPass? I'm just kidding. No, listen. what was I going to say? Do you mind paying my Brown and Brown Insurance?
DONNA ADELSON: No, that's fine.
CHARLIE ADELSON: Okay. Because I'm going to just stick with the same company.
DONNA ADELSON: They're supposed to shop it for you, you know.
CHARLIE ADELSON: Yeah. But the thing of it is, if you stay with the same company for three years, they can then try to bump you down into a lower bracket.
DONNA ADELSON: Oh, okay. So it's a good idea to do that.
CHARLIE ADELSON: So I might as well stay with them and then hope that that's actually true, that they can do what they said about putting it in a lower bracket.
DONNA ADELSON: Okay. So you want me to call Pam Hall?
CHARLIE ADELSON: Yeah, because I told her that my mom would call her because she handles, like, that stuff with the office.
DONNA ADELSON: Okay.
CHARLIE ADELSON: And then just write -- and then just send them in a check because they have to have it before, I want to say, the 29th or something.
DONNA ADELSON: Okay. I will do that now.
CHARLIE ADELSON: And then do that. And, listen, whatever it is, whatever someone sent you, I wouldn't worry too much about anything.
DONNA ADELSON: Okay.
CHARLIE ADELSON: I mean, someone can -- someone can write whatever they want to write. Someone can say whatever they want to say, and I'm not worried.
DONNA ADELSON: Okay.
CHARLIE ADELSON: So was it another bad review on Yelp?
DONNA ADELSON: You know, those reviews come in, and sometimes they are bad reviews. This is a particularly, particularly, particularly bad one. So you know --
CHARLIE ADELSON: But I'm not being sued?
DONNA ADELSON: No, no.
CHARLIE ADELSON: Okay. All right. Honestly, whatever it is, it is. And I wouldn't -- just judging from what you are making it sound like, I wouldn't stress about it too much.
DONNA ADELSON: Okay, honey. Okay. It is probably nothing, probably nothing.
CHARLIE ADELSON: Yeah. Listen, people -- people can always write. People can always say anything they want. It doesn't -- you know, if someone says you're a bad dentist, it doesn't mean you're a bad dentist.
DONNA ADELSON: No, of course not.
CHARLIE ADELSON: So -- but, anyway, I will definitely come down. It actually works out perfectly because I have the day off.
DONNA ADELSON: Okay. You know, I'll make you take me out to dinner; so make sure you bring cash with you.
CHARLIE ADELSON: All right.
DONNA ADELSON: Okay.
CHARLIE ADELSON: So I need to bring cash?
DONNA ADELSON: Yeah, if you take me out to dinner, I want to have, you know, really -- that is probably a good idea, right?
CHARLIE ADELSON: Yeah.
DONNA ADELSON: Yes.
CHARLIE ADELSON: I should bring cash. I don't have much cash to bring.
DONNA ADELSON: Yeah, I'll -- okay. I'll see if I have money for dinner. we'll see. we'll see what I have here, okay?
CHARLIE ADELSON: Was it -- can I ask you, Is someone blackmailing you?
DONNA ADELSON: well, that is always a good possibility.
CHARLIE ADELSON: Do you think someone is trying to blackmail you?
DONNA ADELSON: Maybe. Could be. TI don't know.
CHARLIE ADELSON: No, that's crazy.
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: Is there -- I don't know what anyone would blackmail you for. But is there any way I can see you? You can't come up here at all?
DONNA ADELSON: It's going to be difficult because they don't finish their -- the piano teacher doesn't leave until about 4:15. And even if I came up there and got there a little after maybe 5:15, it would still be tough to, you know, necessarily get back here in time for wendi to pick them up.
CHARLIE ADELSON: Was this -- can I just ask you this? was it -- is this anything government related, or is this like a whack job writing a letter to you?
DONNA ADELSON: Like who?
CHARLIE ADELSON: Is it, like, a whack job writing a letter to you, or is this government related?
DONNA ADELSON: No, I don't know if it is government related. (Inaudible).
CHARLIE ADELSON: So it is not government or military or anything like that?
DONNA ADELSON: NO, no, no.
CHARLIE ADELSON: who is the letter addressed to?
CHARLIE ADELSON: To you?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: That's crazy.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: Did it have a -- do you know who sent it to you?
DONNA ADELSON: I have a pretty good idea. I have a pretty good idea, but, you know, we will talk -- we will talk later. Either -- I mean, I would like to -- I would like to try to get to see you today. I will definitely -- I just don't know if I am going to get back here in time for wendi, and I don't want to have (inaudible) somewhere else.
CHARLIE ADELSON: So whoever sent you the letter sent you an anonymous letter?
DONNA ADELSON: No, it's not really anonymous.
CHARLIE ADELSON: Did they sign it?
DONNA ADELSON: It's hand-delivered, honey.
CHARLIE ADELSON: So someone showed up. was it, like, by a process server?
DONNA ADELSON: That's what I thought he was when it happened.
CHARLIE ADELSON: It wasn't?
CHARLIE ADELSON: where did they -- where did they come to you at?
DONNA ADELSON: when I walked out of the building and I make a right and I go past both driveways of the Icon --
CHARLIE ADELSON: Right.
DONNA ADELSON: -- and I'm on the sidewalk, and I'm about 5 feet from pressing the button so that I could cross the street to pick up the boys this afternoon.
CHARLIE ADELSON: Right.
DONNA ADELSON: And just as I got on the sidewalk -- okay, sweetie. So you stay -- you stay right here then, okay? You stay right here. I will look on the computer when Ben finishes, okay?
So, yeah, it was amazing. Somebody knew exactly who I was. Called me by name.
CHARLIE ADELSON: And he came over and handed you -- was it a young guy? Old guy?
DONNA ADELSON: JI would say probably mid 30s. I wouldn't forget that face.
CHARLIE ADELSON: Really?
DONNA ADELSON: Yeah, yeah. So, anyway, I can make the attempt to go up there. I'm just concerned about getting back here in time and having, you know, wendi say, Where were you? And I don't think it's a good idea for the boys to say, we went up to visit Uncle Charlie, you know.
CHARLIE ADELSON: All right.
DONNA ADELSON: (Inaudible) end of the day and I hated to do that unless I needed to come do checks or the office or something. (Inaudible).
CHARLIE ADELSON: Well, I mean, you have to get me the stuff for the insurance. I mean, that's crazy that someone handed you a letter like that, and I don't even know --
DONNA ADELSON: Yeah. Maybe we better just keep it at, you know, tomorrow -- tomorrow about 12:15, 12:20,
(inaudible).
CHARLIE ADELSON: Is the person -- is the person, like, threatening you or anything?
DONNA ADELSON: You know, you never know how to interpret these things. So let's not worry, and let's meet tomorrow. I think that's better. I think let's meet tomorrow afternoon.
CHARLIE ADELSON: All right. Let me ask you this. Do you want to take a picture of the letter and send me what someone sent you?
DONNA ADELSON: No, no, I really don't want to do that.
CHARLIE ADELSON: So it wasn't -- it wasn't a government or the military or somebody? It was just some random person?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: That's fucking crazy.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: How long was the letter?
DONNA ADELSON: Well, it was just a copy of an article. It's what was written on the letter that's -- it's what was written on the copy of that letter.
CHARLIE ADELSON: Is the person threatening you?
DONNA ADELSON: You know, I don't think we should -- I don't think we should talk --
CHARLIE ADELSON: All right. I mean, listen, it's the kind of thing if there is a threat, you go to the police.
DONNA ADELSON: Yeah, yeah.
CHARLIE ADELSON: But, anyway, let me --
DONNA ADELSON: This time I don't think that's a good idea.
CHARLIE ADELSON: well, let me -- well, I mean, if people threaten you, you've got to go to the police. But let me -- let me talk -- let me see what it is. Let me see what nonsense it is first.
DONNA ADELSON: Okay.
CHARLIE ADELSON: It won't be the first time I've been threatened.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: But --
DONNA ADELSON: Yeah, I would like you to just -- I would like you to just see it and see what you think.
Do you need a tissue? Go get a tissue, honey. Right here. Right up here, honey.
So let's do that. Let's make it around, you know, 12:20, 12:30, because tomorrow, that would be ideal, okay?
CHARLIE ADELSON: Okay. You've got it.
DONNA ADELSON: That would be good. when you come down, you'll play with the boys a little bit, okay?
CHARLIE ADELSON: All right. Yeah. No. I'll come down and I'll see you. I1'11 play with the boys.
DONNA ADELSON: Yeah. Okay.
CHARLIE ADELSON: All right. If it is -- if it is something serious, you know, I'm going to recommend going to the police, so --
DONNA ADELSON: Oh, no, I know. That's what I'm tempted to do.
CHARLIE ADELSON: So all right. Sounds good.
DONNA ADELSON: We will talk tomorrow, okay?
CHARLIE ADELSON: All right. You got it. Love you.
DONNA ADELSON: Love you, bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. 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 mention going to the police. Did anyone call the police?
PATRICK SANFORD: No, they did not.
MS. CAPPLEMAN: And did they ever mention the name --
MR. DECOSTE: Objection.
JUDGE WHEELER: Hold on a second.
MR. DECOSTE: Objection. Speculation. Move to strike.
JUDGE WHEELER: That's overruled. He can answer that based on his investigation.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And what about the name Katie? Was it mentioned in this Call B?
PATRICK SANFORD: No, it was not.
MS. CAPPLEMAN: All right. And is there another call? I know they are 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: All right. And is this one -- who is calling who in this one? It is Call Cc.
PATRICK SANFORD: Can I refer to my chart?
MS. CAPPLEMAN: Yes, please.
PATRICK SANFORD: Yeah, this is Charlie calling Donna back.
MS. CAPPLEMAN: Okay. And about how long after the call we just heard?
PATRICK SANFORD: The last one was at 2:35. This one is at 3 o'clock. So a good 20 minutes, 15 minutes.
MS. CAPPLEMAN: All right. Because the last call was about 9 minutes long, right?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Okay. Judge, at this time I would ask to publish Cc.
JUDGE WHEELER: You may.
MS. CAPPLEMAN: Headphones, everybody, headphones.
(An audio 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.)
(Audio begins:)
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey. Sorry about that. Quick question for you -- oh, one thing I was going to tell you is obviously don't talk about things in the apartment or anyplace.
DONNA ADELSON: Oh, obviously.
CHARLIE ADELSON: The other thing is, was the person black, white, Hispanic?
DONNA ADELSON: white.
CHARLIE ADELSON: And they just -- they just came up to you and they said your name, and they handed you a piece of paper?
DONNA ADELSON: No, no, didn't hand it right away. First spoke to me for a while, and then -- and then handed it to me.
CHARLIE ADELSON: Really?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: And were they wearing a hat and sunglasses or --
DONNA ADELSON: No, nothing, nothing. I could describe him to aT.
CHARLIE ADELSON: What's that? You could --
DONNA ADELSON: Describe him to a T. NO, no, nothing.
CHARLIE ADELSON: Was the person nervous or were they angry or --
DONNA ADELSON: No, calm as could be. Totally calm.
CHARLIE ADELSON: That's really crazy. Are they -- are they trying to ask for money or something?
DONNA ADELSON: Yeah, yeah.
CHARLIE ADELSON: Is someone trying -- I mean, listen, if it is something like that, it sounds probably like you go to the police, but --
DONNA ADELSON: Yeah, I may -- I may have to. But, you know, I'd rather talk to you first and then --
CHARLIE ADELSON: Yeah, I mean, I wouldn't -- I wouldn't -- you know -- you know, there are scumbags out there all the time that try to do stuff like that.
DONNA ADELSON: Oh, I know. I know.
CHARLIE ADELSON: So --
DONNA ADELSON: That's why, you know, I just want you to see because I don't want -- you know, I don't want your father upset, so --
CHARLIE ADELSON: Don't -- can you -- don't say anything to dad until I take a look at it because dad flies off the handle --
DONNA ADELSON: Absolutely.
CHARLIE ADELSON: -- on everything.
DONNA ADELSON: Absolutely. That's why I suggested after he goes to work tomorrow.
CHARLIE ADELSON: Did the person give you any kind of, like, timeframe or anything?
CHARLIE ADELSON: Okay. I'm going to be out there.
DONNA ADELSON: But it's clear -- it's clear what's wanted.
CHARLIE ADELSON: what did -- can I just ask you, what did they ask for?
DONNA ADELSON: You know, I don't know. This TV is probably -- the TV is probably about five.
CHARLIE ADELSON: They asked you for $5,000?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: That's fucking crazy.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: Yeah, I --
DONNA ADELSON: They mentioned, you know, like an ex-girlfriend.
Hi Sandra, come on in. Good. How are you? Okay.
CHARLIE ADELSON: That's crazy. I don't know. Let me -- let me take a look at it.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: And then I'll -- and then I'll go from there.
DONNA ADELSON: Lincoln, your turn. Your turn. Lincoln is going first. Okay. Do that one.
Yeah, that would be great.
CHARLIE ADELSON: Okay. Let me take a look and then I'll --
DONNA ADELSON: I'm glad you called. If you wanted to go to dinner, we -- you know, we'll see where we'll go.
CHARLIE ADELSON: Yeah, I'll go down in the afternoon, and I'll take a look at whatever --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- Cinaudible) to say.
DONNA ADELSON: Maybe we will go for a walk on the beach or something if it is going to be nice tomorrow.
CHARLIE ADELSON: All right. Sounds good.
DONNA ADELSON: Okay.
CHARLIE ADELSON: All right. Sounds good.
DONNA ADELSON: All right. Love you too, honey. Bye-bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So in this call, we hear Donna Adelson mention a TV. This TV is probably about five. 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 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.
BY MS. CAPPLEMAN:
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 five, the amount written on the letter was how much again?
PATRICK SANFORD: $5,000.
MS. CAPPLEMAN: All right. And in this call, we hear Donna mention an ex-girlfriend. Does she say the name Katie or Katherine Magbanua?
PATRICK SANFORD: No, she doesn't.
MS. CAPPLEMAN: Is Katie or Katherine Magbanua the only ex-girlfriend that Charlie Adelson has?
MR. DECOSTE: Objection. Speculation.
JUDGE WHEELER: Overruled.
PATRICK SANFORD: No, it's not.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. Is it his most recent -- is Katie or Katherine Magbanua, this Defendant, the most recent ex-girlfriend of Charlie Adelson at this time?
MS. CAPPLEMAN: All right. who is the ex-girlfriend that he calls next?
PATRICK SANFORD: Katherine Magbanua.
MS. CAPPLEMAN: On the wire does Mr. Adelson discuss this matter with anybody else outside of his family and Katherine Magbanua?
PATRICK SANFORD: No, he doesn't.
MS. CAPPLEMAN: Judge, at this time I would ask to publish call D.
JUDGE WHEELER: You may.
MS. CAPPLEMAN: Headphones.
(An audio 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.)
(Audio begins:)
KATHERINE MAGBANUA: Hello?
CHARLIE ADELSON: Hey. What's going on?
KATHERINE MAGBANUA: What's up?
CHARLIE ADELSON: Is there someplace you can talk to me?
KATHERINE MAGBANUA: what?
CHARLIE ADELSON: Are you any place that you can talk to me?
KATHERINE MAGBANUA: You can talk to me now.
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: Just talk right now. we can talk.
CHARLIE ADELSON: Okay. Can you go somewhere that it's not loud while I'm talking to you?
KATHERINE MAGBANUA: I can't. It's, like, loud, but, like, I can't get out.
CHARLIE ADELSON: Okay. I'm trying to walk outside to talk to you. Now, I can't even fucking get outside. All right. All right. Somebody -- hang on, okay?
KATHERINE MAGBANUA: Huh-huh.
CHARLIE ADELSON: Can you hear me okay?
KATHERINE MAGBANUA: I can hear.
CHARLIE ADELSON: Okay. I just want -- I just want you to listen to me, and I will be able to talk to you in person when I see you tomorrow.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: Because I don't know what's going on.
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: But my mom walked the kids -- evidently -- I only heard part of the story, and I'm going to go down there and talk to her tomorrow to find out what's going on.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: She didn't want to elaborate --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- but she said that someone approached her on the street --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- called her by name --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- handed her an envelope with something in it.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: And somebody was -- she really wouldn't go into detail. And, listen, I don't -- I have no idea what this is in reference to.
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: But something regarding her son, something regarding his ex-girlfriend, and the person asking my mom for some money.
KATHERINE MAGBANUA: What?
CHARLIE ADELSON: Yeah. So I said -- you know, I'm like -- first, when she was saying it, I thought it was, like, something involving the IRS or a patient suing (inaudible) --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: -- or something like that. So I don't even know what the fuck it's about at all.
KATHERINE MAGBANUA: So somebody just, like, bumped into your mom like that?
CHARLIE ADELSON: well, they came up to her on the street after she dropped the kids off at school.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: I guess she brought them to school. I don't even know. But they must know her routine and must know who she is because --
KATHERINE MAGBANUA: Yeah, Cinaudible).
CHARLIE ADELSON: -- they walked up to her and they called her by name.
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: They handed her an envelope.
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: And she said they spoke to her for a few minutes.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: And then she said there was -- you know, they were making reference to my ex-girlfriend, which I have no fucking clue what that's about.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: And then they explained that they needed to be paid some money.
KATHERINE MAGBANUA: For what?
CHARLIE ADELSON: I don't -- I don't even know. My mom didn't even want to talk to me on the phone.
(Inaudible).
KATHERINE MAGBANUA: But, like, did she see the person? was she, like -- she should call or something.
CHARLIE ADELSON: That's what I said. I said if someone is going to try to blackmail you or something --
KATHERINE MAGBANUA: Exactly. (Inaudible) like that.
CHARLIE ADELSON: -- or Cinaudible). I said, You've got to go straight to the police. So she's like, I don't even know what this is about. I don't -- I don't want to talk about it.
I go, well, take a picture and send me what it is.
She's like, I just want you to see it in person. So I'm going to go down -- I can't even fucking go there today because I won't get out of work until 10:00 o'clock at night.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: So she's like, Just come down (inaudible) --
KATHERINE MAGBANUA: Is somebody, like, stalking your mom?
CHARLIE ADELSON: TI don't even fucking know. I don't know what's going on, what my mom is Cinaudible) -- you didn't do anything with my mom. I mean, you guys --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Okay. Just checking. Just checking. I don't know Cinaudible). who knows?
KATHERINE MAGBANUA: No, but I feel scared for your mom. Like, what the hell?
CHARLIE ADELSON: You know, I don't Cinaudible).
KATHERINE MAGBANUA: Just a random person, like, just going up to your mom. Like, hello?
CHARLIE ADELSON: Yeah, and my mom said, It involves your ex-girlfriend. So I don't even -- I don't even think she said who. I'm just like -- you're my last girlfriend; so that's why I'm calling you.
KATHERINE MAGBANUA: What do -- what do they want from her?
CHARLIE ADELSON: I have no idea. So, anyway, I'm going to find out -- well, they wanted money.
KATHERINE MAGBANUA: I know, exactly. Did she tell you, like, what (inaudible) --
CHARLIE ADELSON: No, no, she was just kind of, like, a little bit rattled and with the kids. And I was like, Listen, just -- I Cinaudible) have the day off tomorrow.
So she was like, Come down and talk to me. So I'm going down tomorrow to talk to her. And then -- I don't remember if she said it had anything to do with you. If -- if they are mentioning you or any reference to you, I'll keep you posted.
KATHERINE MAGBANUA: why Cinaudible)?
CHARLIE ADELSON: TI don't know.
KATHERINE MAGBANUA: You have, like, a thousand ex-girlfriends.
CHARLIE ADELSON: well, fuck, it could be anyone. So I just assumed that --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: But, anyway, it doesn't matter. So I may want to see you tomorrow if it does have anything to do with you. If it doesn't, then I feel like a fucking idiot for even bothering -- wasting your time.
KATHERINE MAGBANUA: I mean, I feel bad for your mom. Like, who the hell? (Inaudible) would be like, why are you threatening me?
CHARLIE ADELSON: I know. I said -- I said, Mom, was the guy wearing a hat? Glasses? And mom was like, No, I could pick the person out of a lineup in a second. They came over to me. They spoke to me very politely. They had -- it was a white male in his 30s, no hat, no glasses. Just a white male in his 30s came up to her, knew who she was, and addressed her. So -- but, anyway, it's neither here nor there. I will feel like an idiot if it was some other ex, but anyway --
KATHERINE MAGBANUA: Yeah, did you have any fight with any of your other Cinaudible)?
CHARLIE ADELSON: I don't know. I mean, maybe I should just be calling everybody today.
KATHERINE MAGBANUA: Yeah, you should try to find out.
CHARLIE ADELSON: I thought when I spoke to my mom, she had said it involved -- they mentioned your name in it. That's why I was calling you. But I'm going to feel like an idiot if they didn't. So -- but, anyway, are you working tomorrow? Or what's your story?
KATHERINE MAGBANUA: Yeah, but you can always stop by over there. It doesn't matter.
CHARLIE ADELSON: All right. What time do you finish work?
KATHERINE MAGBANUA: Thank you. All right. Let me know.
CHARLIE ADELSON: what time do you finish work tomorrow?
KATHERINE MAGBANUA: Oh, it doesn't matter. well, like, I told them, like, I'm usually between, like, 9:30 to -- do you want me to get up? Okay.
CHARLIE ADELSON: what -- what --
KATHERINE MAGBANUA: Any time between 9:30 to, like, 3:00ish, 4:00ish. It depends.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: (Inaudible). Like, today I was, like, super, like, crazy.
CHARLIE ADELSON: Okay. I've got to get back in there. I'm going to be in Miami. And when I'm done hanging out down there, I'm going to come --
KATHERINE MAGBANUA: Yeah, yeah, I'm, like, right there, so --
CHARLIE ADELSON: So figure somewhere around 4:00ish, I'll see you.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: All right. No worries, kiddo.
KATHERINE MAGBANUA: All right.
CHARLIE ADELSON: All right. Have a good day. I'll talk to you later.
KATHERINE MAGBANUA: You too. Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. In this call -- what time was this call placed?
PATRICK SANFORD: This call was at 4:27 p.m. on the 19th.
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 had called at least a couple of times prior to that.
MS. CAPPLEMAN: All right. Did he call at 3:33?
PATRICK SANFORD: Yes, that sounds right.
MS. CAPPLEMAN: All right. And she tried to call back at 4:00; is that correct?
PATRICK SANFORD: That sounds correct, yeah.
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 relays to the Defendant that the undercover gave his mom an envelope with something in it; is that true?
PATRICK SANFORD: No, it is 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?
MS. CAPPLEMAN: All right. He also says that he thought his mom told him that they said her name -- Katherine 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 hadn't told Charlie that?
PATRICK SANFORD: That's correct.
MR. DECOSTE: Objection. Speculation. Move to strike. They only had limited communications.
JUDGE WHEELER: All right. It needs to be limited to these phone calls. So ask the question again, Ms. Cappleman.
BY 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 did not.
MS. CAPPLEMAN: All 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 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: All right. Is there any discussion, based on these calls, of what ex-girlfriend? whose ex-girlfriend? My ex-girlfriend? which one? Anything like that?
PATRICK SANFORD: No, there wasn't.
MS. CAPPLEMAN: All right. And you mentioned earlier that there had been a couple of other ex-girlfriends. Do you know who those were?
PATRICK SANFORD: I believe one was named -- do you want the names?
MS. CAPPLEMAN: Yes. If you need to refresh, just tell us.
PATRICK SANFORD: No, I believe one of them was whitney Kiik.
MS. CAPPLEMAN: Okay. And was there a June Umchinda also in the mix?
PATRICK SANFORD: Yes, there was.
MS. CAPPLEMAN: 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: Correct, 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 what -- 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?
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 the -- there is a marina behind their building -- walked all the way down the boardwalk, and there is a restaurant down next to it named Monty's. 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, then 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 stand in the area of them while they are 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 by the tiki hut, and somebody else took another device and went and 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 -- they were playing music at the tiki hut, and then there was some construction in the area too.
MS. CAPPLEMAN: Is this 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 1 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: All right. 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: I'm showing you State's Exhibit 53. Do you recognize State's 53?
PATRICK SANFORD: Yes, I do.
MS. CAPPLEMAN: How do you recognize it?
PATRICK SANFORD: That's the photograph I took.
MS. CAPPLEMAN: Is that a fair and accurate photo of Charlie and Donna at this meeting we have been discussing?
PATRICK SANFORD: Yes, it is.
MS. CAPPLEMAN: Judge, at this time I'd ask to introduce State's 53.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: It will be admitted as State's 53.
(State's Exhibit 53 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE WHEELER: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: After this meeting, 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: Let me refer back to my notes.
MS. CAPPLEMAN: Yes, sir.
PATRICK SANFORD: That was at 3:14 p.m.
MS. CAPPLEMAN: All right. At this time I would ask to publish Call E, Your Honor.
JUDGE WHEELER: You may.
(An audio 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.)
(Audio begins:)
KATHERINE MAGBANUA: Hello?
CHARLIE ADELSON: Hey. what's up?
KATHERINE MAGBANUA: what's up?
CHARLIE ADELSON: I'm looking at CVS right now.
KATHERINE MAGBANUA: Okay. Just keep going down until you see Optimar.
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: You keep going down until you see, like, Optimar. You'll see it in the plaza.
CHARLIE ADELSON: Okay. Should I go into the plaza where CVS is?
KATHERINE MAGBANUA: Yeah, yeah, yeah. Turn in there, and go all the way down until you see, like, all the -- all the -- what do you call it? All the buildings -- all the stores.
CHARLIE ADELSON: Okay. Hold on.
KATHERINE MAGBANUA: And you will see one that says Optimar Realty. I Cinaudible) that name.
CHARLIE ADELSON: You are turning into a real estate genius.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: I love it. Okay. I've pulled in. I'm looking at Smart Kids, Family Fresh juice bar --
KATHERINE MAGBANUA: Yeah, it's right next to it.
CHARLIE ADELSON: Next to --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: -- Smart Kids?
KATHERINE MAGBANUA: No, no, no, the juice bar. Keep going and then you turn, yeah.
CHARLIE ADELSON: Nice.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: I'm outside, and I will park in front of the juice bar.
KATHERINE MAGBANUA: The juice bar?
CHARLIE ADELSON: The juice bar.
KATHERINE MAGBANUA: Oh, yeah, yeah, yeah. I will walk out right now.
CHARLIE ADELSON: All right. Come outside.
KATHERINE MAGBANUA: Okay.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. 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: At a -- well, it began right in front of her employment, which is Optimar Realty where they first -- he pulled up there. And then I believe she got in the car with him for a few minutes, and then they went into a restaurant called Dolce vita.
MS. CAPPLEMAN: And that's the recording that we've heard some testimony about efforts to clarify the recording?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. Have you had an opportunity to listen to the recording from Dolce?
PATRICK SANFORD: Yes, I have.
MS. CAPPLEMAN: All right. About how long is that recording?
PATRICK SANFORD: Approximately -- I believe it is 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 will be a good time to pause for the day.
MS. CAPPLEMAN: Okay.
JUDGE WHEELER: All right. So we are going to let you go for the evening. Again, as I remind you, no conversations, no Internet searches, no talking amongst yourselves, and we will see you back. We will start promptly tomorrow morning. Please return by 8:30 in the morning, okay? The deputy will escort you out.
(Jury exits the courtroom.)
JUDGE WHEELER: All right. The jury is out of the courtroom. The door is closed.
And, Mr. Sanford, you are excused until 8:30 tomorrow morning. All right.
PATRICK SANFORD: Thank you, sir.
JUDGE WHEELER: We are going to take care of a few matters here in the courtroom. You-all may be seated, and we are going to stay in session for just a few minutes.
MS. CAPPLEMAN: Judge, while he is stepping out, as the jurors were exiting the courtroom, this juror here in the front row, second juror over, advised me that he would like us to work on the situation with his chair overnight. So maybe we can put him at the end, but he has 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? Apparently a juror is having a problem with the second chair in the front row.
BAILIFF: Yes, sir.
JUDGE WHEELER: ATl right. Thank you.
All right. we will take care of that. If we need to move some chairs around or get one from another place, we will do that.
All right. Let's just address a few things. So for tomorrow, Ms. Cappleman, as best you can anticipate, you're probably -- continue this until --
MS. CAPPLEMAN: It probably will take up a large part of the morning. I would expect we could begin the cross of this witness by lunch.
JUDGE WHEELER: All right. So cross-examination then will begin either late morning or after we break for lunch. So then we will anticipate then that the State is going to rest at that time?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: Okay. So the Defense can anticipate that. And so in the afternoon potentially, based on the cross-examination, we might get into the Defense case. And so it is helpful to the Court if you do have anticipated witnesses listed for me on a piece of paper just for my organization as we move forward, okay?
And then we will need to know at that point also whether or not Ms. Magbanua will be testifying; so I'11l make an inquiry as to that. The jury instructions have been sent; so let's start reviewing those so that we are prepared 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 had ruled on were privileged between myself and Mr. Garcia.
JUDGE WHEELER: Yes.
MS. KAWASS: I just want to ensure that none of that was -- if it were filed with the clerk, I would ask that they be sealed so that --
JUDGE WHEELER: All right. Those weren't filed with the clerk, were they?
MS. CAPPLEMAN: No, sir.
MS. KAWASS: Then we should be good. Perfect. Thank you, Judge.
JUDGE WHEELER: Mr. DeCoste, anything else?
MR. DECOSTE: Two things. I would make a request through the Court over the State --
MS. CAPPLEMAN: I'm sorry. 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. Madam Clerk?
COURT CLERK: Yes, sir.
JUDGE WHEELER: So the discovery that was provided -- it would have been on what day?
MS. KAWASS: The calls were physically provided to us, I think, on -- was it Monday?
MS. CAPPLEMAN: There were a couple of 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. Okay. If you have any questions as to which one, then you can just address it with me in court tomorrow morning.
COURT CLERK: Yes, sir.
JUDGE WHEELER: But if there's any question at this point as to whether they should be sealed, just seal them.
COURT CLERK: Yes, sir.
JUDGE WHEELER: And then if we need to release them at a future date, then we will do that, okay?
COURT CLERK: Okay.
JUDGE WHEELER: All right. Thank you.
MS. CAPPLEMAN: And I am Court ordered not to release them as well; is that right?
JUDGE WHEELER: Correct.
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: All right. Mr. DeCoste?
MR. DECOSTE: It appears that we do have the trooper now. Jason Newlin has helped out with that.
JUDGE WHEELER: All right. I can take that off my list.
MR. DECOSTE: Just 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. I will consider it to be a slipup by the State.
JUDGE WHEELER: All right. Let's avoid that language in the future.
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: JI didn't hear that, but 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 of who is putting the evidence in the case, and so I will acknowledge it. And I appreciate you acknowledging it as a slipup at this point, and we will move forward appropriately.
MR. DECOSTE: we are all tired.
JUDGE WHEELER: All right.
MR. DECOSTE: with respect to a Defense case -- and I feel that it is fair to the Court to let Your Honor know we are calling a number of witnesses. we do have a cell phone expert. There is a question if Ms. Magbanua testifies. we are now -- knowing that the State is closing -- flying in several people from South Florida -- one of them is actually in Atlanta now, and we are 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 by -- on Friday? I think that's the soonest it could get. But the fear is if there is a closing argument, then the jury is getting the case at 4 o'clock in the afternoon before a three-day weekend.
JUDGE WHEELER: All right. well, I'm going to 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 are going to go through Thursday?
MR. DECOSTE: I think that -- and I say this conservatively and not counting pages. My cross of Agent Sanford -- I don't even know what else they are going to ask him on. So it is growing as we are going -- is going to be the equivalent of my cross of Luis Rivera timeframe-wise.
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 10 hours worth of testimony time. So that puts us into mid --
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 Friday morning, we would conclude with your case, see whether there is any rebuttal witnesses or not. And then if we have a good bit of the afternoon, then we do jury instructions and closings. And then -- or see how much time we have. And then they will be excused, and we bring them back for deliberations.
MR. DECOSTE: Okay. I shared just so the Court knows where we are at, and we will give you updates as we go.
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 sidebar as in regards to the jurors so that we are 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.
(Sidebar discussion as follows:)
JUDGE WHEELER: All right. I just didn't want to put any of the jurors' personal affairs out there. But if you remember, we had two jurors that have been selected that have graduation commitments -- you know, ceremonies that they wanted to attend on Thursday evening. Okay. So I want to make accommodations for that, and so I don't want to go past 5:00 on Thursday in particular so that they can attend those. So if we go a little bit over into Friday, then that's fine.
The second issue that it addresses is last time the jury was sequestered, which was required by rule. It is not required by rule this time. It is within the discretion of the Court, and so I have been thinking about that. Does the State have any thoughts? I'll go to both of you. But does the State have any thoughts as to whether or not you want the jury sequestered?
MS. CAPPLEMAN: I do not want the jury sequestered, particularly over a holiday weekend.
JUDGE WHEELER: All right. Then what about you -- it would not be until they begin deliberations.
MS. KAWASS: Judge, obviously I want to discuss that with Ms. Magbanua. But also, for example, if they were to get the case Friday, I would want them sequestered. If they got the case the following -- because I don't want them -- it all depends on when they get the case is when I think it would bleed into what we would think --
JUDGE WHEELER: All right. well, I will tell you it is in the discretion of the Court. My inclination is to not sequester them, okay? But also my inclination is not to have them start deliberations on Friday at 4 o'clock and then go into Monday. If it is 4 o'clock -- closings are going to be lengthy, I would presume, and instructions are going to take a while.
we are going to have to possibly, you know, work on instructions some too. So I would anticipate that we are going to be finished with all that by Friday. we might not even be finished with closings. I might read them the instructions and then say, we are going to have closing arguments Monday morning, and then have them start --
MS. KAWASS: Tuesday.
JUDGE WHEELER: -- Tuesday morning, and then have them start deliberating. So, I mean, we have to play it by ear. What I'm not going to do is give it to them late to deliberate for an hour and then bring them back on Tuesday. I would just bring them back to deliberate.
MR. DECOSTE: Your Honor, the concern was, just from experience, that even if they don't begin deliberations on Friday, that they go away for the weekend, they are with friends and family, they've gotten the case at that point, and they are starting their deliberations with friends and family. Not saying that they are not going to go based on the Court's order, but I think it is only human nature, once a case is done, that there is the potential of starting to talk about it.
JUDGE WHEELER: All right. I understand that. we will see where we are time-wise. The reason I wanted to have this here is I don't want to put sequestering and stuff out in front of -- it is their personal business too. And that's when a family member might see it and say, Hey, you know, this is what is going to happen.
I am inclined -- I mean, if they get it on Monday and they deliberate through Monday and they still haven't reached a verdict by the end of the day and they are going to deliberate into Tuesday, I am still inclined not to sequester them, okay?
I mean, that's my inclination. It is not required. They've been a good, attentive jury up to this point -- timely, and we've had no issues with anybody talking about anything or anything like that. I don't know if it will last that long, but we have to make all those accommodations ahead of time. So I want to be able to tell staff we don't have to worry about that because it is a huge burden on them.
So I've heard all of your arguments on it. I wanted to give you an opportunity to discuss it. And so my decision is that we're not going to sequester them regardless of when they get it. But I'm going to make -- I'm not going to give it to them late Friday and then have them come back on Monday. That doesn't make any sense. We will play that all by ear, okay?
MS. KAWASS: And, Judge, it works on the evening break Thursday because if it looks like -- because I don't know yet if Ms. Magbanua is going to testify. I can go see her at the jail and just have that discussion with her so that we are ready to tell you the next day. And you are breaking Thursday for the jurors to go to the graduation, right?
JUDGE WHEELER: I am going to break -- we are going to do everything that we can do for the jurors to break at 5 o'clock on Thursday because we had two in particular that had graduation ceremonies that they wanted to attend. And I don't want to -- I don't think it is fair to anybody to interrupt them for that. Their minds wouldn't be here anyway.
MS. KAWASS: Agreed, Judge.
JUDGE WHEELER: So let's go ahead, and we will plan on it in that manner, okay?
MS. CAPPLEMAN: Yes, Sir.
(Sidebar conference concluded.)
JUDGE WHEELER: All right. So we will be in recess until the jurors are assembled tomorrow, and we will start tomorrow morning at 8:45 here in the courtroom. All right. Thank you and have a good evening.
MS. KAWASS: You too, Judge. Thank you.
(Court is in recess at 5:22 p.m.)