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Dan Markel— Case Archive
Magbanua Retrialtrial-daytrial-dayGeorgia CapplemanChristopher DeCostePatrick SanforddirectcrossredirectrecrossDay 6 - May 25, 2022FBI Agent Patrick Sanford's testimony concluded after cross-examination on investigative practices. The State rested, and the court addressed a discovery issue before the defense case.
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Day 6 - May 25, 2022

Sanford Testimony Concludes as State Rests

Judge Robert R. Wheeler
8Proceedings
3Pages
1Witnesses
5,029Lines
3Sidebars
Day 6 of 8
Appearing:
Georgia Cappleman Christopher DeCoste Patrick Sanford

FBI Agent Patrick Sanford's testimony concluded after cross-examination on investigative practices. The State rested, and the court addressed a discovery issue before the defense case.

Full day summary

The court admitted two FBI undercover-call exhibits for limited non-hearsay purposes before FBI Special Agent Patrick Sanford continued his testimony about the undercover operation, recorded calls, and later efforts to locate Katherine Magbanua. On cross-examination, the defense challenged investigative practices and the handling of Luis Rivera's statements, including an unrecorded September 2016 proffer and Sanford's earlier understanding of recording policy. The State rested after Sanford's redirect and recross testimony. Outside the jury's presence, the court found no prejudice from a newly raised discovery issue concerning Trooper Steven Downing's account of a traffic stop and set defense motions and the defense case for the following morning.

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1. Patrick Sanford — Direct (Part 2)

FBI Special Agent Patrick Sanford continued explaining the undercover operation after the court admitted two related call exhibits for non-hearsay purposes.

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Procedural
Pre-session ruling: FBI undercover bump calls (Exhibits 128 and 134) admitted over defense hearsay objection
19 lines

The court admitted two FBI undercover-call exhibits over a defense hearsay objection, limiting them to context and the fact of contact.

Direct
Patrick Sanford - Direct (Part 2) Patrick Sanford Georgia Cappleman
2192 lines

Sanford described undercover recordings, the admitted letter used to prompt contact, and phone evidence; he testified that Magbanua had not called the undercover number and later used a burner phone.

1 sidebar inside this proceeding
  1. Camera Error and Jury InstructionThe sidebar addressed a camera operator’s apparent mistake and whether it warranted an immediate instruction to the jury.

2. Patrick Sanford - Cross/Redirect

FBI Agent Patrick Sanford faced continued cross-examination over investigative methods, Luis Rivera's unrecorded proffer, financial and call-record evidence, and the undercover operation before brief redirect and recross testimony.

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Cross
Patrick Sanford - Cross Patrick Sanford Christopher DeCoste
2545 lines

Defense counsel challenged Sanford's investigation and Rivera's reliability through recordings, prior statements, and exhibits; Sanford acknowledged an unrecorded Rivera proffer and a mistake about recording policy.

2 sidebars inside this proceeding
  1. Hearsay Objection to Rivera StatementCounsel debated whether a brief statement attributed to Luis Rivera could be introduced for a non-hearsay purpose related to later cross-examination.
  2. Rivera Prior-Statement ImpeachmentThe parties disputed whether another witness could be used to impeach Rivera concerning prior statements about three trips.
Redirect
Patrick Sanford - Redirect Patrick Sanford Georgia Cappleman
50 lines

FBI Agent Patrick Sanford offered an alternative explanation for text-message evidence, and the court admitted State's Exhibit 135 without objection.

Recross
Patrick Sanford - Recross Patrick Sanford Christopher DeCoste
33 lines

Recross addressed alternative interpretations of the undercover bump and the timing of surveillance and calls afterward.

Redirect
Patrick Sanford - Redirect (Resumed) Patrick Sanford Georgia Cappleman
149 lines

FBI Agent Patrick Sanford addressed recorded communications, financial evidence, and investigative limits on resumed redirect; the court admitted Defense Exhibit 29 and sustained a hearsay objection.

3. State Rests Its Case — Jury Dismissed for Evening

After the State rested, the jury was dismissed for the evening, and the court addressed a defense disclosure issue involving Trooper Steven Downing before recessing until the defense case began the next morning.

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Procedural
State Rests Its Case — Jury Dismissed for Evening
9 lines

The State rested, and Judge Wheeler dismissed the jury until the defense case began the next morning.

Procedural
Defense Raises Richardson Issue Over Trooper Downing's Changed Account of Rivera Traffic Stop
32 lines

Judge Wheeler found no prejudice from a late-disclosed possible change in Trooper Downing's traffic-stop account and allowed the defense to address it before calling him.

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