Jason Newlin — Direct/Cross/Redirect
639 linesJUDGE WHEELER: Defense may call its next witness.
MR. DECOSTE: Defense calls Jason Newland.
JUDGE WHEELER: All right. Jason Newland, please.
JUDGE WHEELER: Are you going to get him, or can somebody at your table assist you?
MR. DECOSTE: I'm thinking that Ms. Cappleman — because I don't think he's waiting outside.
JUDGE WHEELER: Let's make sure he's just not going to come and wait outside the doors either. He's on his way, Ms. Cappleman?
MS. CAPPLEMAN: He's on his way.
JUDGE WHEELER: All right.
JUDGE WHEELER: Good morning.
JASON NEWLIN: Good morning.
JUDGE WHEELER: Before you have a seat, we're going to swear you in.
JUDGE WHEELER: Please raise your right hand and respond to the clerk.
COURT CLERK: Please solemnly swear or affirm that the testimony you shall give shall be the truth, the whole truth, and nothing but the truth.
JASON NEWLIN: My name is Jason Newland, J-A-S-O-N, N-E-W-L-A-N-D. I'm an investigator with the State Attorney's Office here in Tallahassee.
MR. DECOSTE: If you could explain what being an investigator for the State Attorney's Office here in Tallahassee means.
JASON NEWLIN: Assisted prosecution with follow-up investigation, piecing cases together. You know, one of the ways to describe it is law enforcement puts the puzzle together and we try to kind of put the glue on it.
MR. DECOSTE: You're, you're law enforcement, correct?
JASON NEWLIN: Yes.
MR. DECOSTE: You have a badge?
JASON NEWLIN: Yes.
MR. DECOSTE: Carry a gun?
JASON NEWLIN: Yes.
MR. DECOSTE: But you work closely with Ms. Cappleman, correct?
JASON NEWLIN: We're employed with the same office, yeah.
MR. DECOSTE: And you work closely with her, you work directly with her in cases?
JASON NEWLIN: Yes.
MR. DECOSTE: All right, y'all are a team?
JASON NEWLIN: Yes.
MR. DECOSTE: Now, you'd agree with me that part of your work is doing investigation, correct?
JASON NEWLIN: Correct.
MR. DECOSTE: Correct. But one of the other tasks that you do, that you receive from other law enforcement their reports, their evidence, and you organize it, correct?
JASON NEWLIN: Some of it, yes.
MR. DECOSTE: So in this case, you know, TPD's involved, they're producing reports from their investigation, they're providing it over to you, to the State Attorney's Office, right?
JASON NEWLIN: Correct.
MR. DECOSTE: And the reason why they're doing that is because you have an obligation, your office, to give it over to the defense, that's correct, and that includes all... all of them, right?
JASON NEWLIN: All are entitled to what's called discovery.
MR. DECOSTE: Yes. Luis Rivera was entitled to that discovery, correct?
JASON NEWLIN: That's correct.
MR. DECOSTE: And your understanding of the rules that apply to discovery, that you have to give it in a timely fashion?
JASON NEWLIN: That's correct.
MR. DECOSTE: So if somebody is arrested, you know, within weeks items have to start being given over. It's not something that, you know, a report is drafted and years later it's given over.
JASON NEWLIN: No, it's generally within weeks.
MR. DECOSTE: Same thing applied in this case to the reports that were authored by the FBI, correct?
JASON NEWLIN: That's correct.
MR. DECOSTE: You've also reviewed these reports because at the same time you're investigating things, right?
JASON NEWLIN: Many of them.
MR. DECOSTE: And you would agree with me that these reports were detailed?
JASON NEWLIN: Most of them, yes.
MR. DECOSTE: In July of 2016, right after Luis Rivera is arrested, Investigator Isom does a 30-plus-page report that's very detailed?
JASON NEWLIN: He wrote a 30-plus-page report. I'm not sure when it was actually completed.
MR. DECOSTE: Do you believe that you've reviewed that report?
JASON NEWLIN: Oh, I would have looked at it, yes.
MR. DECOSTE: Would it refresh your recollection to take a look at the report?
JASON NEWLIN: Yes.
MR. DECOSTE: Okay.
JASON NEWLIN: Yes.
MR. DECOSTE: So I'm going to ask the question again, Your Honor, if I could retrieve.
JUDGE WHEELER: Yes.
MR. DECOSTE: In... late July of 2016, did Investigator Isom author a 31-page report?
JASON NEWLIN: Yes, he did.
MR. DECOSTE: And was that report detailed?
JASON NEWLIN: It was fairly detailed, yes.
MR. DECOSTE: Those 31 pages, you would agree with me that it's basically single-spaced narrative.
JASON NEWLIN: It is. Well, there's at least a page or two of it is information, but the rest of it is not.
MR. DECOSTE: Of his report, correct?
JASON NEWLIN: Fair enough.
MR. DECOSTE: So you've got some biographical information page one and two, and of course there's breaks in between paragraphs, but it's a lot of words in the remaining 20-plus pages, correct?
JASON NEWLIN: It is.
MR. DECOSTE: And it lays out the government's theory as to what happened in this case, correct?
JASON NEWLIN: I do believe most of it is in there, I guess.
MR. DECOSTE: All right. It basically talks about the theory that Katherine Magbanua was somehow in the middle, right?
JASON NEWLIN: And only the last time I read that, that one, so it may. Now...
MR. DECOSTE: In this report and other reports, you'll agree with me that it had loose information, not the detail that Sergeant Corbitt... actually, let me withdraw that question. I'll ask a different one. You, as an investigator for their office, you're allowed to sit in during the trial, right?
JASON NEWLIN: Correct.
MR. DECOSTE: The rule of sequestration doesn't apply to you. You're the only witness that that doesn't apply to.
JASON NEWLIN: That's correct.
MR. DECOSTE: So you've seen some of the testimony in the case.
JASON NEWLIN: Some of it, yes.
MR. DECOSTE: So Sergeant Corbitt from the Technical Operations Unit, he gives very detailed testimony about cell phone communications, right?
JASON NEWLIN: Yes.
MR. DECOSTE: But in these initial reports, it was not as detailed about the cell phone communication. Just talked about contact in between people.
JASON NEWLIN: Uh, Sergeant Corbitt, I don't even know if he writes reports.
MR. DECOSTE: So this is — let me break that down for you. You've got TPD, you've got Investigator Isom, you've got Agent Sanford. They're communicating and getting information from Sergeant Corbitt, correct?
JASON NEWLIN: There is some of that, yes.
MR. DECOSTE: And there's some rudimentary cell phone data that they put into their own reports about the communications on significant days, correct?
JASON NEWLIN: Yes, there is.
MR. DECOSTE: Correct.
MR. DECOSTE: But it lacked all the detail that Sergeant Corbitt gives us in his testimony.
JASON NEWLIN: That's correct.
MR. DECOSTE: And again, those items are going over to Rivera.
MR. DECOSTE: They should be, right?
JASON NEWLIN: Police reports?
JASON NEWLIN: Police reports go to Rivera. Like I said, I don't know that Sergeant Corbitt even writes a report. We don't have one.
MR. DECOSTE: Yeah, I don't... Let's go through this and I'll make a little bit more sense. You receive these items, these reports, from Investigator Isom, from Agent Sanford. You organize them, right?
JASON NEWLIN: Correct.
MR. DECOSTE: And then you are involved in the process of providing them over to the defense shortly after arrest, correct?
JASON NEWLIN: Correct.
MR. DECOSTE: And that's what we were talking about, that there's a rule, the rule of discovery, that you have to do that, correct?
JASON NEWLIN: Correct.
MR. DECOSTE: Rivera's arrested May of 2016?
JASON NEWLIN: No.
JASON NEWLIN: June.
MR. DECOSTE: Early June?
JASON NEWLIN: Correct.
MR. DECOSTE: You would agree with me that there's no reason to believe that discovery wasn't timely provided in the month of June and July?
JASON NEWLIN: No. Discovery was provided in that case.
MR. DECOSTE: All right. And Rivera then, months later, he implicates Katherine Magbanua in September of 2016?
JASON NEWLIN: That is the... that is one of the proffers, yes.
JASON NEWLIN: Yes.
MR. DECOSTE: You would agree that this would allow him the time to review, either himself or with his attorneys, digest and formulate his own theory?
JASON NEWLIN: That would be between he and his attorneys.
MR. DECOSTE: Let's talk about the media in this case. You'd agree with me that it was extensive?
JASON NEWLIN: Yes.
MR. DECOSTE: There was a 20/20 special in September of 2016?
JASON NEWLIN: There's something along those lines, yes.
MR. DECOSTE: You know it's something along those lines because you appeared in it, right?
JASON NEWLIN: Not in 20/20, no.
MR. DECOSTE: No, no, no, not the year 2020, the show 20/20.
JASON NEWLIN: No.
MR. DECOSTE: Was there another one? Which one did you... did you get interviewed on?
JASON NEWLIN: That was the Dateline.
MR. DECOSTE: Okay, so you get interviewed by Dateline. You'd agree with me that all of these shows, it's also discussing the government's theory?
JASON NEWLIN: Yes, it was discussed.
MR. DECOSTE: Yes. Cappleman even did an interview talking about it, right?
JASON NEWLIN: Yes.
MR. DECOSTE: You've... been to the jails, right?
JASON NEWLIN: Oh, yeah.
MR. DECOSTE: They have telephones there?
JASON NEWLIN: They do.
MR. DECOSTE: They have television?
JASON NEWLIN: Some do.
MR. DECOSTE: They have email?
JASON NEWLIN: Some are getting email, some have had email, yes.
MR. DECOSTE: What we're getting at is Luis Rivera wouldn't be cut off to the outside world.
JASON NEWLIN: Where Luis Rivera was, I don't even know if they have email yet. Jefferson County is still a little bit behind. I think they just got text recently and they didn't even know they had it.
MR. DECOSTE: We're talking about that's when he's cooperating, he's transferred to Jefferson County for safety, right?
JASON NEWLIN: He was transferred pretty early on to Jefferson County.
MR. DECOSTE: Okay, but before that he was in Leon County?
JASON NEWLIN: He was.
MR. DECOSTE: All right, and you also know, because you guys requested often, that you can get an inmate's phone calls, right?
JASON NEWLIN: Yes.
MR. DECOSTE: And you've gotten them before from Jefferson County?
JASON NEWLIN: Yes, we have.
MR. DECOSTE: So he would have access to people in the outside world to discuss whatever is going on in the media, right?
JASON NEWLIN: Yes, he would.
MR. DECOSTE: And you don't know whether they have television there or not, or do they?
JASON NEWLIN: I don't know about Jefferson County.
MR. DECOSTE: You don't know, but most jails do have TV, right?
JASON NEWLIN: The most do that I've been in, yes.
MR. DECOSTE: Leon County, where he was for a period of time, they have TV, right?
JASON NEWLIN: They do have TVs there, yes.
MR. DECOSTE: Let's talk about Luis Rivera and the interviews. You were present for these interviews, correct?
JASON NEWLIN: I was in the same building. I was not in the room with him.
MR. DECOSTE: Okay, but all right, so there are meetings, and we're not saying that you're in the room, we agree on that, but you're present in the building, right?
JASON NEWLIN: Correct.
MR. DECOSTE: Now, the purpose is to... let's back up here, let's back up even more. You understand that there were meetings with Luis Rivera before you ever met with him, right? May 27, 2016, June 3, 2016 — those are interviews done by Pat and Craig, and you said it perfectly, we're gonna talk about the difference in between interviews and proffers. Okay, so let's talk about the interviews first. Present for the first time on May 27, 2016, when there was a meeting with Luis Rivera, you weren't there, right?
JASON NEWLIN: No.
MR. DECOSTE: But your understanding is that Agent Patrick Sanford and former Investigator Craig Isom were there?
JASON NEWLIN: Yes.
MR. DECOSTE: All right, so they go into a jail. They go into Coleman down in South Florida, right?
JASON NEWLIN: That's correct.
MR. DECOSTE: And the purpose of this interview, it's to investigate, right?
JASON NEWLIN: That's correct.
MR. DECOSTE: And that's different than a proffer, and we'll get to that in a minute.
MR. DECOSTE: So they're going in there to find out information, to investigate it?
JASON NEWLIN: Yes.
MR. DECOSTE: All right, so May 27, 2016, you're not present. Sanford and Isom — you'd agree with me that it's recorded?
JASON NEWLIN: That one was recorded, yes.
MR. DECOSTE: In that, Luis Rivera denied any involvement?
MS. CAPPLEMAN: Objection. Calls for speculation. And not true.
JUDGE WHEELER: If you know, you can answer.
JASON NEWLIN: I don't know which interview it was where he did not say he was not involved, but he said, "You're talking to the wrong person."
MR. DECOSTE: Okay, so in one of them, either the May 27, 2016... And, Your Honor, I asked you for the government to not make speaking objections.
JUDGE WHEELER: All right, just make your objection. That wasn't a speaking objection.
MR. DECOSTE: May 27th — I'm sorry, May 27, 2016 — it's recorded though, right?
JASON NEWLIN: It is.
MR. DECOSTE: June 3, 2016, you're not present for that one either?
JASON NEWLIN: No, again it was Sanford and Isom, I believe it was — I know it was at least Pat, I'm not sure about Isom.
MR. DECOSTE: It's recorded, should have been?
JASON NEWLIN: Yes.
MR. DECOSTE: He didn't confess to being a murderer?
JASON NEWLIN: No, he didn't, in either of those, no.
MR. DECOSTE: Now, proffer is different, right? What is the purpose of a proffer?
JASON NEWLIN: It's the opportunity for an individual to tell the truth, and anything they say that incriminates themselves can't be used against them at that point in time.
MR. DECOSTE: It's a little bit more than that, right? You're evaluating the information that's being given, right, to figure out if you're gonna make a deal?
JASON NEWLIN: No, that's kind of a chicken-and-egg situation. It's like you try to figure out where you're going to go with the proffer before you come up with any idea with the proffer. Sometimes we have the deal on the table and sometimes we don't. It just depends on how it's working.
MR. DECOSTE: Okay, so let's back up a little bit. In these proffers, you're going to have law enforcement present, right? Yes, it could be yourself, it could be Ms. Cappleman.
JASON NEWLIN: Yes.
MR. DECOSTE: But you're also going to have whoever it is you're speaking to, their attorneys. We're... going to have the inmate, the inmate's attorneys are going to be there as well, too, for a proffer, correct? So it's different when you do the interview, it's investigation, the attorneys can be there, but in this situation they weren't. For the proffer you've got all the people involved talking, right?
JASON NEWLIN: Correct.
MR. DECOSTE: Now, when a proffer happens, it's with the hopes of getting to a point of coming to a deal, right? That's sort of the whole point of the proffer — we want to see, does this guy or girl have information that we can use? And then we'll figure out if we want to give a deal. But it's moving towards coming to a cooperation, correct?
JASON NEWLIN: In some cases it is, and others, again, we'll have the deal already made and then the proffer is conducted.
MR. DECOSTE: In this case it was, right? The deal already made?
JASON NEWLIN: No.
MR. DECOSTE: No, no, no — when you met with him for these proffers, it was with the hopes of coming to a deal.
JASON NEWLIN: And these, from what I recall, there was discussions about the plea negotiations. There was discussions about what he had to offer, and the attorneys were just back and forth.
MR. DECOSTE: That's trying to work out a deal, right?
JASON NEWLIN: That's correct.
MR. DECOSTE: So August 8, 2016, you were present for this proffer with Luis Rivera, correct?
JASON NEWLIN: So that's a little bit different than a proffer.
JASON NEWLIN: That situation was us in a room, myself and Georgia, and I don't know if any others.
JASON NEWLIN: And then the defense attorney and that entire team was in a whole 'nother room. We never saw Rivera that day, we never crossed paths with him. The attorneys would go back and forth and tell us, "This is what he can provide to you."
JASON NEWLIN: That's the extent of that one.
MR. DECOSTE: And we agree on that. Okay, we agree. So, and I just want to get who was there. You were there?
JASON NEWLIN: I know I was there. I know Georgia was there. Yes.
MR. DECOSTE: One of the Collinses was there?
JASON NEWLIN: Had to be one of the Collinses, because they were doing the back and forth.
MR. DECOSTE: And for the jury, the Collinses — the father and son team — represented Luis Rivera.
JASON NEWLIN: Correct.
MR. DECOSTE: They were his defense team. And of course, Luis Rivera is there.
JASON NEWLIN: Yes.
MR. DECOSTE: And Luis Rivera is in a room, and his attorney will leave that room, give you what he's saying.
MR. DECOSTE: Then you'd say something and he'd go back. So basically, one of the Collinses was going back and forth like a tennis match with information.
JASON NEWLIN: Correct.
MR. DECOSTE: Now, you remember some of the details of the information that you were provided, correct?
JASON NEWLIN: Some of them, yes.
MR. DECOSTE: And one of the pieces of information that you received was about the gun, right?
JASON NEWLIN: Yes.
MR. DECOSTE: That it was thrown near a body of water and a bridge located on Interstate 10, between Tallahassee and the Interstate 75 corridor.
JASON NEWLIN: Yes — two bridges, body of water, I-10, yes.
MR. DECOSTE: You also remember how the information was given to Mr. Rivera that giving Garcia wouldn't get him any deal?
JASON NEWLIN: No.
MR. DECOSTE: You would agree with me that there was no mention of Katie that day?
JASON NEWLIN: I would not agree with you.
MR. DECOSTE: Do you remember?
JASON NEWLIN: I know what you're going to ask me.
MR. DECOSTE: What am I going to ask you? Did I recall?
MR. DECOSTE: You don't recall whether he ever said Katie's name that day?
JASON NEWLIN: I do not specifically recall that, but I can't say that he didn't say it either.
MR. DECOSTE: You would agree with me that, if he were to have implicated somebody else — the person who literally has been at the center of your theory since the beginning — that you would have remembered that?
JASON NEWLIN: I can tell you that an agreement was not made on the 8th, and that stemmed from the agreement on a sentence. And when we left that day, there was nothing I could use.
MR. DECOSTE: All right. No report?
JASON NEWLIN: No. There's nothing to document.
MR. DECOSTE: So, to back up here to Garcia for a moment — you would agree with me that the evidence against Garcia was strong?
MR. DECOSTE: You already had Garcia in custody?
JASON NEWLIN: Yes.
MR. DECOSTE: The evidence against him was equally strong, if not stronger, than the evidence against Rivera?
JASON NEWLIN: Yes.
MR. DECOSTE: Safe to say you did not need Rivera to flip against Garcia.
JASON NEWLIN: I mean, it always helps.
MR. DECOSTE: But you wanted to further your case to get Rivera to cooperate against Ms. Magbanua, right?
JASON NEWLIN: Literally, we're trying to get to the bottom of the case.
MR. DECOSTE: All right, so we're going to come back to what you wanted. But you would agree with me that no deal was struck that day?
JASON NEWLIN: That's correct.
MR. DECOSTE: If Luis Rivera had said Katherine Magbanua was involved on August 8th, on that day, you would have gone and arrested her.
JASON NEWLIN: No. The agreement — the term of prison — was not agreed upon, and he was not going to provide that information to us directly. At the time, we had it — it was literally coming from his attorneys, and never got it from Rivera himself.
MR. DECOSTE: No deal was struck. Rivera returned to his cell, correct?
JASON NEWLIN: Correct.
MR. DECOSTE: With his thoughts?
JASON NEWLIN: Correct.
MR. DECOSTE: And his discovery?
JASON NEWLIN: Well, I don't know what he had as far as discovery.
MR. DECOSTE: But you have no reason to believe that he didn't have it?
JASON NEWLIN: He may have had some paper documents, but CDs — he wouldn't have had any of those.
MR. DECOSTE: These reports that lay out the narrative — are they on CD or printed?
JASON NEWLIN: Those are printed.
MR. DECOSTE: September 30th, 2016 — that is when the next proffer happens, right?
JASON NEWLIN: Correct.
MR. DECOSTE: Now, the reason why it happens on September 30th is because on September 29th, 2016, your office and Luis Rivera's team came to an agreement, right?
JASON NEWLIN: I don't know the answer to that.
MR. DECOSTE: September 29, 2016 — you had another meeting in the same fashion, with Ms. Cappleman, one of the Collinses, Mr. Rivera, where the attorneys are going back and forth?
JASON NEWLIN: I truly don't remember that one.
JASON NEWLIN: Possibly.
MR. DECOSTE: There's no recording of it? There's no report?
JASON NEWLIN: No.
MR. DECOSTE: Now, with respect to these two meetings — Luis Rivera, he never said anything about the involvement of Anthony Ortiz, a.k.a. King Anthony?
JASON NEWLIN: He mentioned Anthony Ortiz. I do not remember when that occurred. I know I've heard the name.
MR. DECOSTE: Investigator Newland, Rivera never said that Anthony Ortiz made a third trip with Sigfredo Garcia, right? At some point in the last six years, he said — I believe Garcia made a prior trip to Tallahassee with Heber, because he knew where he was going. He drove around Tallahassee like he'd been here before. And you know that in the past six years he made that statement — he made it in deposition, when he slipped up, because you've reviewed that deposition?
JASON NEWLIN: I do not know when that statement was made. I don't recall. I just know that statement was made.
MR. DECOSTE: All right. And around the September 29th, September 30th, 2016 timeframe, he does what y'all had hoped, and he names Katie, right?
JASON NEWLIN: It's not what we would hope. He told the truth.
MR. DECOSTE: Okay. But in September 29th, September 30th, he names Katie, correct?
JASON NEWLIN: I know September 30th, yes — because that was an official proffer.
MR. DECOSTE: And he gets his deal.
JASON NEWLIN: Uh, he — I know paperwork was signed. Um, I think he pled a few days later.
MR. DECOSTE: And Katie was arrested — in fact, the following day, October 1st, 2016?
JASON NEWLIN: That's correct.
MR. DECOSTE: Investigator Newland, what evidence do you have that Rivera didn't untruthfully name Katie to get a deal?
JASON NEWLIN: There's a whole lot of evidence to that — that this guy isn't lying and made things up based on the reports that were provided over to him.
MR. DECOSTE: What evidence do you have that he is not lying?
JASON NEWLIN: Talking to him. Sitting in rooms with him.
MR. DECOSTE: Do you think that somebody becomes a boss of the Latin Kings by being stupid?
JASON NEWLIN: Street smart.
MR. DECOSTE: And what do you think is needed to get a deal in a criminal murder case — street smarts, or the aptitude to score perfect on the SATs?
JASON NEWLIN: I would say he listened to his attorney's advice.
MR. DECOSTE: The meeting on September 30th, 2016 — that could have been recorded, correct?
JASON NEWLIN: Could have been, yes.
MR. DECOSTE: Should have been recorded?
JASON NEWLIN: Wasn't my decision.
MR. DECOSTE: Our determination of the evolution of Luis Rivera's statements is limited by your memory and the memory of other law enforcement, right?
JASON NEWLIN: You had Craig and Pat, and I was in another room.
MR. DECOSTE: That it's limited because we're only going based on people's memory.
JASON NEWLIN: I would agree that what was written in the report is what you have.
MR. DECOSTE: And we wouldn't have that problem with memories if we had a recording, right?
JASON NEWLIN: No, that's correct.
MR. DECOSTE: But Rivera's testimony potentially could have a problem because we could show the conflicts in his different statements.
JASON NEWLIN: That's correct.
MR. DECOSTE: And this is exactly — this is precisely why you don't record these initial meetings, right? So that we can't show the conflicts between the initial rehearsal statements and the eventual showcase — the final state?
JASON NEWLIN: That wasn't my decision. And — but, no — I would not say that's why.
MR. DECOSTE: Your Honor, this would be a good time to break, if you want to take a morning break, and we can talk to Trooper Damon.
JUDGE WHEELER: Well, we need to have cross-examination.
MR. DECOSTE: Oh, no, no — it's a good time to break. I'm roughly halfway through.
JUDGE WHEELER: All right. Um, okay, we'll break for 15 minutes, and we'll then come back and continue with the testimony. Please, no discussions amongst yourselves. We'll see you back in 15 minutes. Okay.
JUDGE WHEELER: All right, please be seated. Um, refresh my recollection in regards to Mr. Fitzpatrick — he is who?
MR. DECOSTE: He is a former friend of Charles Adelson. It is Miss Kawass' witness so she can answer the questions better than me.
JUDGE WHEELER: All right, so — all right, so you anticipate his testimony to be approximately what?
MS. KAWASS: With cross, depending with the state cross I don't think it will take more than an hour. And I'm being generous, Judge. I don't think my direct is going to be more than an hour.
JUDGE WHEELER: Okay, so when we come back in then — all right, well, we'll take another break then before I inquire of the defendant.
MS. KAWASS: Yes, Judge.
JUDGE WHEELER: But I expect that these two witnesses — I expect that all of these witnesses will be completed prior to when we break for lunch.
MS. KAWASS: Yes, Judge.
JUDGE WHEELER: But then, when we send the jury out, I'll have a discussion with Ms. Magbanua, so I expect at that time the decision to be made. I'm not going to wait until after lunch.
MS. KAWASS: That's what I was going to request, Your Honor — if I could just have that.
JUDGE WHEELER: No, we've had plenty of time, and you'll have the testimony, and I'm going to make my inquiry at that time, so that we know where we're headed. Okay? So I'm going to need to know at that time. Okay?
MS. DUGAN: I did have one thing. I'm not going to have much cross with Mr. Fitzpatrick. But I was just looking at the depo. In his depo there's a lot of pages about what Charlie Adelson told him. I would object to hearsay for bringing those statements.
JUDGE WHEELER: I'm going to wait until I hear the testimony — make an objection if you need to. Okay? Okay, we'll be in recess for 15 minutes.
MR. DECOSTE: Thank you.
JUDGE WHEELER: All right. Deputy, would you please bring the jury in?
JUDGE WHEELER: Please be seated. We're ready to continue with the testimony. Mr. DeCoste.
MR. DECOSTE: Investigator, you would agree with me that the goal was to get Katherine Magbanua to cooperate against Charles Adelson?
JASON NEWLIN: Yes, there have been attempts to do so.
MR. DECOSTE: All right. Now, I have law enforcement questions for you that I've asked a lot of law enforcement — the jury's heard it, you've probably heard it. You'd agree with me that your job in law enforcement is to objectively investigate? Objectively?
JASON NEWLIN: Yes, correct.
MR. DECOSTE: And to present the evidence, both the good and the bad?
JASON NEWLIN: Yes.
MR. DECOSTE: Subjectively investigating a case would be a bad thing, right?
JASON NEWLIN: That's correct.
MR. DECOSTE: It could lead to a lopsided case, right?
JASON NEWLIN: Good.
MR. DECOSTE: Could lead to wrongful convictions.
JASON NEWLIN: Good.
MR. DECOSTE: So let's go through some of the work now, in fairness to the jury, to explain it. Your investigation was less than that of law enforcement — other law enforcement, TPD and FBI — right?
JASON NEWLIN: Yes, and it's kind of hard to say it this way, but some of what I would do is almost just pick up the trash that was left behind.
MR. DECOSTE: Perfect segue to the next.
MR. DECOSTE: You did some investigation about a gun, right?
JASON NEWLIN: Yes.
MR. DECOSTE: And you'd agree with me that a murder weapon is great for a murder case — a great piece of evidence.
JASON NEWLIN: It is.
MR. DECOSTE: On August 26th of 2016, you went down to the Osceola River, right?
JASON NEWLIN: I did.
MR. DECOSTE: All right. And you were supported by one of your investigators, Tully Sparkman?
JASON NEWLIN: Correct.
MR. DECOSTE: And analyst Thomas Balboni, right?
JASON NEWLIN: Correct.
MR. DECOSTE: You already knew from your work on the case the type of gun that was used to kill Professor Markel, right?
JASON NEWLIN: I did.
MR. DECOSTE: And you know guns, right? You have training in guns.
JASON NEWLIN: I do.
MR. DECOSTE: And when you were out there at our Silver River, you did find a gun, right?
JASON NEWLIN: Yes, sir.
MR. DECOSTE: But you knew right away that it was a different make and model.
JASON NEWLIN: I did.
MR. DECOSTE: But you still investigated it, correct?
JASON NEWLIN: I did.
MR. DECOSTE: You took pictures?
JASON NEWLIN: Took photographs in place, yes.
MR. DECOSTE: You guys went down into the river.
MR. DECOSTE: Do you guys have like waders on or boots?
JASON NEWLIN: Just old shoes. But yeah, it's down into the mud underneath the bridge.
MR. DECOSTE: You got in there. You did your work, right?
JASON NEWLIN: Yes.
MR. DECOSTE: And you impounded the gun, which means that you just can't take it — you have to bring it to the Madison County Sheriff's Office, right?
JASON NEWLIN: We had Madison County meet us at the bridge and sign it over to us.
MR. DECOSTE: A gun that the thought is, this doesn't belong, but we're going to objectively investigate this gun, right?
JASON NEWLIN: That's correct.
MR. DECOSTE: And you then checked it out from Madison County, and you brought it over to the Florida Department of Law Enforcement.
JASON NEWLIN: Correct. We submitted it there.
MR. DECOSTE: And you brought it there for testing, right?
JASON NEWLIN: Correct.
MR. DECOSTE: For ballistics, DNA, fingerprints?
JASON NEWLIN: Anything they could do.
MR. DECOSTE: Now, you knew about this — or you went there, not knew about it, because it was a different gun. You went to Osceola River because of what Luis Rivera told you from the meeting, right?
JASON NEWLIN: Correct.
MR. DECOSTE: You remember that he had given details.
MR. DECOSTE: It was rather specific — near a body of water, Interstate 10 between Tallahassee and Interstate 75, right? He was pretty detailed in that.
JASON NEWLIN: So I gotta say — let me correct that. It wasn't from Luis Rivera — it came through his attorneys, and they were telling us that the gun should have been dumped within an hour after the homicide, somewhere on I-10 near two bridges, a body of water, and before I-75. So that's where I went looking.
MR. DECOSTE: You were — so you remember, in fairness, given by his attorney, you remember that deal being given, correct? But you can't remember whether Katie was mentioned or not.
JASON NEWLIN: No, I can—
MR. DECOSTE: You say — and I don't mean this to be attacking — but can you say that you did the same level of objective investigation for evidence that would hurt law enforcement's theory, evidence that would hurt our theory?
JASON NEWLIN: Correct. I investigated almost everything that came to me that I could try to do, yeah.
MR. DECOSTE: So let's go through it. If you receive information that somebody wants to talk — your involvement in this case — you would send it to FBI or TPD, right?
JASON NEWLIN: I would always contact them prior to following through with any of the stuff we would get, but yes.
MR. DECOSTE: December 15, 2016, you received a letter from a woman, Jennifer Mosley, correct?
JASON NEWLIN: I do remember Jennifer Mosley.
MR. DECOSTE: Do you remember the letter?
JASON NEWLIN: I do not.
MR. DECOSTE: Would it refresh your recollection to take a look at the letter?
JASON NEWLIN: Yes.
MR. DECOSTE: Your Honor, if I may approach?
JUDGE WHEELER: You may.
MR. DECOSTE: First, I'm going to show you what's been pre-marked as Defense 31A through O.
MR. DECOSTE: You know what those are, right?
JASON NEWLIN: Oh, yeah. That's the gun under the bridge.
MR. DECOSTE: Those are photographs of the gun under the bridge at El Salvador, right?
JASON NEWLIN: That's correct.
MR. DECOSTE: And you know that those are pictures because you were there when they were taken?
JASON NEWLIN: That's correct.
MR. DECOSTE: And those photos are in the same or substantially same condition they were in the last time you saw them?
JASON NEWLIN: Yes.
MR. DECOSTE: Defense offers what's been pre-marked, Defense 31A through O.
JUDGE WHEELER: Any objection?
MS. CAPPLEMAN: Relevance, Your Honor.
JUDGE WHEELER: Overruled.
JUDGE WHEELER: Be admitted as Defense 31A through O.
MR. DECOSTE: Take a look at that.
JASON NEWLIN: It really doesn't.
MR. DECOSTE: It doesn't refresh your recollection?
JASON NEWLIN: Um, no.
MR. DECOSTE: You remember receiving the letter, though, correct?
JASON NEWLIN: We received lots.
MR. DECOSTE: Lots of — in fairness, Ms. Mosley, she was an inmate, right?
JASON NEWLIN: She was an inmate, yeah.
MR. DECOSTE: All right. Now, understanding on a case like this that you get a lot of communications, at the point in time that you received that letter — that letter was received December 2016, right?
JASON NEWLIN: Correct.
MR. DECOSTE: That's after Luis Rivera is cooperating and is your witness, correct?
JASON NEWLIN: Yes.
MR. DECOSTE: And it states that she has new information or confirmation of facts on Rivera, right?
JASON NEWLIN: It just said she rode the van with him.
MR. DECOSTE: It just said she rode in the van with him — and has new information or confirmation of facts, quote-unquote.
JASON NEWLIN: Okay, yes.
MR. DECOSTE: Nobody ever met with Ms. Mosley, correct?
JASON NEWLIN: I didn't, not that I can recall, no.
MR. DECOSTE: If somebody were to impeach Luis Rivera's testimony and show that there's contradictions, that would be bad for law enforcement's theory, correct?
MR. DECOSTE: Somebody discredits Rivera.
JASON NEWLIN: Yes, that would be bad.
MR. DECOSTE: Your Honor, if I could approach.
JUDGE WHEELER: Yeah.
MR. DECOSTE: Let's now talk about Facebook, Instagram and owls. You smirk? You know what I'm going to ask. What am I going to ask?
JASON NEWLIN: I'll let you do it.
MR. DECOSTE: All right, thank you. So at one point, Luis Rivera tells you this tall tale that he posts a photo of an owl on Instagram, right? Instagram or Facebook — which one is it, do you know?
JASON NEWLIN: I believe it was Instagram at the time.
MR. DECOSTE: All right, that he posts a picture of an owl.
JASON NEWLIN: That was, yes.
MR. DECOSTE: Not a lion?
JASON NEWLIN: No.
MR. DECOSTE: Were you in the courtroom when he said that it was a lion?
JASON NEWLIN: I was not.
MR. DECOSTE: Now, understanding — I'm going to trust that everybody in the courtroom knows this.
MR. DECOSTE: Is there a difference between an owl and a lion?
JASON NEWLIN: There is.
MR. DECOSTE: Big difference, right?
JASON NEWLIN: There is.
MR. DECOSTE: He previously said it was an owl, now he says it's a lion. But there was something — whatever animal it is from the wild kingdom — was posted on Instagram, and that apparently, allegedly, Ms. Magbanua called and told the Latin King boss, "You take that down," right?
JASON NEWLIN: I thought it was either a call to Garcia or a call to him, but yes. "Get that off the —" Yes, "take that down."
MR. DECOSTE: Now, he tells you this after his cooperation?
JASON NEWLIN: This would have been in that September 30th, October 4th time range.
MR. DECOSTE: Because, of course, it's not him confessing before and saying, "Hey, all this stuff happened," right? So he peppers in this detail of, "Hey, this other thing happened where I posted on Instagram." Did anybody ever get the records from Facebook or Instagram?
JASON NEWLIN: I do know we tried. I know Instagram — just the amount of times I've had to get documentation from them — if you don't send a preservation letter within seven days of anything being removed, it's gone. And this proffer was two years later. So -
MR. DECOSTE: So your understanding is that Facebook owns Instagram, correct?
JASON NEWLIN: They do now, and I don't know how long they've owned them.
MR. DECOSTE: All right, you were able to get social media accounts for Sigfredo Garcia and Katherine Magbanua, right?
JASON NEWLIN: Yes.
MR. DECOSTE: All right. Now, you're saying that there was an attempt to get from Instagram — were there any warrants that were signed?
JASON NEWLIN: There was nothing to sign a warrant for.
MR. DECOSTE: Okay. Were any subpoenas sent to Facebook?
JASON NEWLIN: We'd have those if a subpoena was sent.
MR. DECOSTE: Right, you'd have to give that to us.
JASON NEWLIN: You would have had them, yes.
MR. DECOSTE: Is the fact that I don't have that consistent with the fact that none were ever sent to Facebook or Instagram?
JASON NEWLIN: It would be consistent with that, yes.
MR. DECOSTE: Now, you'd agree with me that, you know, if he is telling the truth and there is a response showing that this post was taken down — you don't — let me sidetrack for a second. You don't know the policy of what they retain on posts that are taken down, right?
JASON NEWLIN: No. At Instagram, if you don't send a preservation letter within seven days, you're not getting it.
MR. DECOSTE: That's not what we're talking about. Luis Rivera says that he took the post down, right?
JASON NEWLIN: Right.
MR. DECOSTE: You don't know whether Instagram maintains data of posts that are taken down, right?
JASON NEWLIN: If you don't send it a preservation letter within seven days, you're not getting it. It's gone.
MR. DECOSTE: All right, so it would have literally had to have been done before July 25th of 2014, but nothing was ever sent to try to collect it.
JASON NEWLIN: Not to my knowledge. There was nothing to get.
MR. DECOSTE: But we don't know until an attempt is made, correct?
JASON NEWLIN: I guess you could say it that way.
MR. DECOSTE: Let's talk about now your meetings with Luis Rivera. And I want to preface this — I'm not trying to insinuate that you told him what to say, okay?
JASON NEWLIN: Okay.
MR. DECOSTE: I'm not trying to say that. What I'm saying is, he's a very smart guy, all right? Rivera's —
JASON NEWLIN: Not nice — street smart, I'll give you.
MR. DECOSTE: All right. Now, we talked about that and I don't want to go things that were asked and answered, but again — you're understanding this man. When he's still before he's even a teenager, he's a gang member, right?
JASON NEWLIN: It was pretty early — it was like 12 or 13. He was through an uncle.
MR. DECOSTE: Before he can even have a license, he is the boss. Over 15, 16 years old, he's the boss of Miami for the Latin Kings.
JASON NEWLIN: I don't know what age he became the boss.
MR. DECOSTE: I guess you would say so. Now, we'll get into the topic that we're talking about — your meetings with him. You'd agree with me that there's many times that he was transported from the jail over to your office here, and that you sat down and met with him to review his testimony. And again, I'm not saying that you told him what to say, but you reviewed the discovery and his testimony to help him testify again, right?
JASON NEWLIN: Correct.
MR. DECOSTE: And over the years, that's happened many times prior to appearances.
JASON NEWLIN: Yes.
MR. DECOSTE: So in October 2019, multiple times he's transported — he would spend the day reviewing items and preparing to testify, correct?
JASON NEWLIN: Uh, we've had to review calls, um, we had to review his prior testimony, but yes. There was — I recall one day, I don't know how many.
MR. DECOSTE: Let's go to the next name, and we're still on the topic of objectively versus subjectively investigating. Juan Marcos Vega. Okay, September 2016, you receive a letter from Imran Hussain, correct?
JASON NEWLIN: Correct.
MR. DECOSTE: And you also have a phone interview with Mr. Hussain.
JASON NEWLIN: I do.
MR. DECOSTE: Now, Mr. Hussain, unlike Ms. Mosley, gives you some very precise details, correct?
JASON NEWLIN: He gave us details that were highly publicized details by that point.
JASON NEWLIN: He gave us literally almost a headline from an article. He had nothing more than that.
MR. DECOSTE: So we did basically what Luis Rivera did.
JASON NEWLIN: No.
MR. DECOSTE: Luis Rivera doesn't confirm many things that aren't known. Again, we don't say that Luis Rivera wasn't here for the murder, but with respect to Ms. Magbanua, Luis Rivera says things that are written all over the reports, right?
JASON NEWLIN: He confirms the reports.
MR. DECOSTE: And your thought is that his story fits the facts, not that he's fitting his story to the facts.
JASON NEWLIN: He's not fitting his story to the facts, no.
MR. DECOSTE: But you have no evidence to say that that's not happening.
MR. DECOSTE: Let's stay on Juan Marcos Vega. So Mr. Hussain — whether he got the information online or not — he's got information. You do a phone interview with him, right?
MR. DECOSTE: Now, this one you find relevant enough to actually travel to South Florida to interview Juan Marcos Vega.
JASON NEWLIN: This is kind of one where, like I said, I cleaned up the trash.
MR. DECOSTE: So September 22nd, 2016, you have a recorded interview with Juan Marcos Vega, correct?
JASON NEWLIN: Correct.
MR. DECOSTE: And you'd agree with me that when you walk in there, one of the first things you say to him is, "We believe someone has linked you to a case you know absolutely nothing about."
JASON NEWLIN: That's correct.
MR. DECOSTE: You'd agree with me that that was the wrong approach.
JASON NEWLIN: Probably not the best.
MR. DECOSTE: Because you're not finding out if this is legitimate information or not, correct?
JASON NEWLIN: I did research prior to going to do that interview. I mean, I knew a lot of the case. This was 2016, so it was all very fresh.
MR. DECOSTE: And when Imran Hussain described who he described, he said Vega, and then he described him as shorter, round.
JASON NEWLIN: Vega's 5'10", and not round.
JASON NEWLIN: Rivera's short and round.
JASON NEWLIN: Nothing was fitting other than what he got on the news.
MR. DECOSTE: So you do know that Juan Marcos Vega was a co-defendant in Luis Rivera's 23-defendant RICO indictment, correct?
JASON NEWLIN: Correct, I do.
MR. DECOSTE: And he was a probationer in the Latin Kings.
JASON NEWLIN: I didn't know his status in the Kings, no.
MR. DECOSTE: Now, you didn't ask Imran Hussain clarifying questions of what he considered to be tall or short, correct?
JASON NEWLIN: He described him specifically as 5'7" or shorter, I think.
MR. DECOSTE: Okay, and sometimes descriptions are off by an inch or two, right?
JASON NEWLIN: We'll have to agree to disagree on that one, but 5'10" and 5'7" are —
MR. DECOSTE: Three inches apart.
JASON NEWLIN: Yeah, but they're different.
MR. DECOSTE: Did you show, on the phone, a lineup?
JASON NEWLIN: Imran is on the phone.
MR. DECOSTE: So you never actually met with him in person?
JASON NEWLIN: Yeah.
MR. DECOSTE: All right. So you immediately walk in and you make the decision —
MR. DECOSTE: "This isn't the guy," right?
JASON NEWLIN: Vega? No, I didn't make that decision as I walked in.
MR. DECOSTE: But you're telling me you knew it wasn't the guy. And right when you walk in on the recorded interview, you say, "We believe somebody has linked you to a case you know absolutely nothing about," despite clearly knowing Luis Rivera.
JASON NEWLIN: He actually doesn't. He said, "I met him because we got indicted in the same indictment." He goes, "I didn't even know who he was until we all went down. He was a different Latin King in a different group, and they wrapped 23 of them in together over a couple counties." And he's like, "I didn't know 90% of my co-defendants when I got indicted in this thing."
MR. DECOSTE: That's what the convicted criminal told you, right?
JASON NEWLIN: Yes.
MR. DECOSTE: Doesn't mean it's the truth, right?
JASON NEWLIN: Yeah.
MR. DECOSTE: You sat down once with Ms. Magbanua, correct?
JASON NEWLIN: I did, and it was by invitation to the defense.
MR. DECOSTE: You and Ms. Cappleman went over to Leon County Jail, and we said, "Ask her anything you want," right?
JASON NEWLIN: Right.
MR. DECOSTE: No immunity, to ask any questions, correct?
JASON NEWLIN: Ask questions, yes.
MR. DECOSTE: And she told you she was not involved.
JASON NEWLIN: That's correct.
MR. DECOSTE: But you don't take her word for it.
JASON NEWLIN: Nothing fit.
MR. DECOSTE: So, staying on the topic with Juan Marcos Vega — in bringing in Osceola River — when you went to Osceola River, you knew it wasn't the gun, but you still took 20 photos, impounded, went to FDLE for testing, brought another personnel, got down in the mud, right?
JASON NEWLIN: Yes.
MR. DECOSTE: Did you ever let Agent Sanford or former investigator Isom know about this possible information from Juan Marcos Vega?
JASON NEWLIN: Yes. That was actually — I mean, like I said, I would communicate with him and let him know, "Hey, we got another one. You want to handle, or you want me to handle it?" And generally, when it came to ones that were pretty off-base, I got stuck with.
MR. DECOSTE: So is your testimony that they told you to go down there and do it, and that there was a discussion about him?
JASON NEWLIN: No, it was somebody's got to do it, so I'm going to do it because they weren't.
MR. DECOSTE: What Imran Hussain tells you is, this guy's got information — information about Professor Markel's murder, right?
JASON NEWLIN: No. Imran said he had information and that the guy was Vega. What he was describing — Vega was "Tato." He was describing Luis Rivera to a T. No, I've never showed him a photo lineup.
MR. DECOSTE: So it's your opinion he was talking about Luis Rivera, right?
JASON NEWLIN: Everything he said about him was Luis Rivera.
MR. DECOSTE: But there is the connection between Juan Marcos Vega and Luis Rivera by way of the Latin Kings, right? By way of a single indictment.
JASON NEWLIN: Yes.
MR. DECOSTE: But they're in the same gang affiliation, Latin Kings crew. Okay, so there's the indictment and there's the gang affiliation.
MR. DECOSTE: One brief moment.
JUDGE WHEELER: Yes.
MR. DECOSTE: Nothing further, Your Honor. Thank you.
JUDGE WHEELER: Cross-examination.
MS. CAPPLEMAN: So we went out to the Leon County Jail to meet with the defendant. You were asked about that.
JASON NEWLIN: Yes.
MS. CAPPLEMAN: How'd that work out?
JASON NEWLIN: Not too good.
MS. CAPPLEMAN: It was a joke, right?
JASON NEWLIN: It was.
MS. CAPPLEMAN: We were invited out there so that, you know, the defense could tell the jury we were invited out there.
JASON NEWLIN: Pretty much.
MS. CAPPLEMAN: Okay.
MR. DECOSTE: Objection.
MR. DECOSTE: Speculation. Move to strike.
JUDGE WHEELER: Overruled.
MS. CAPPLEMAN: You were shown Defense A through O — pictures of a gun. Does that gun have anything to do with this case?
JASON NEWLIN: No.
MS. CAPPLEMAN: Not related in any way to the murder we're here about?
JASON NEWLIN: No.
MS. CAPPLEMAN: You were asked about the—
MS. CAPPLEMAN: —interviews that you were a part of in reference to Mr. Rivera.
MS. CAPPLEMAN: Did you or did anyone in your presence ever tell Mr. Rivera what he needed to say?
JASON NEWLIN: No.
MS. CAPPLEMAN: Did anyone in your presence give him any information about a particular suspect he needed to give up — "You need to give us Charlie, you need to give us Katie, you need to give us Garcia"?
JASON NEWLIN: No.
MS. CAPPLEMAN: Did we ever say that we needed him to do or say something in particular in order to get a plea bargain or a deal?
JASON NEWLIN: No.
MS. CAPPLEMAN: Was there anything unethical that happened in your presence at any Rivera meeting?
JASON NEWLIN: No.
MS. CAPPLEMAN: Was there anything unusual about the way the Rivera deal was handled?
JASON NEWLIN: No.
MS. CAPPLEMAN: Were you aware of any Rivera statement that did not implicate Katherine Magbanua?
JASON NEWLIN: No.
MS. CAPPLEMAN: No further questions.
JUDGE WHEELER: Redirect?
MR. DECOSTE: Briefly, Your Honor. For the investigator: September 20th, 2019 — was that the meeting?
JASON NEWLIN: September 23rd was a Friday afternoon. Which meeting are we talking about?
MR. DECOSTE: The meeting with Ms. Magbanua that Ms. Cappleman termed a joke.
JASON NEWLIN: That's September, October, something like that.
MR. DECOSTE: All right. So let's walk through this briefly.
MR. DECOSTE: Friday afternoon, Ms. Cappleman contacts you and says, "They're giving us an opportunity to speak to Ms. Magbanua," right?
JASON NEWLIN: Right.
MR. DECOSTE: There's no requirement of that, right?
JASON NEWLIN: No.
MR. DECOSTE: She doesn't have to speak to you at all?
JASON NEWLIN: No.
MR. DECOSTE: And you were notified because Ms. Cappleman wanted to have a witness there with her.
JASON NEWLIN: That's correct. Correct.
MR. DECOSTE: And both yourself and — early evening on a Friday — I say, Cappleman and yourself went out to the Leon County jail, right?
JASON NEWLIN: Correct.
MR. DECOSTE: I was there?
JASON NEWLIN: Yes.
MR. DECOSTE: Miss Kawass was there? And Miss Magbanua?
JASON NEWLIN: Yes.
MR. DECOSTE: And this wasn't something that had been prepped for days, weeks, like Luis Rivera. This was, "You want to talk to her? Let's go right now."
JASON NEWLIN: That's correct.
MR. DECOSTE: When witnesses speak like Luis Rivera, he signs paperwork. That's immunity, right? That they're protected, that anything they say can't be used against them, right? That's part of the proffer agreement?
JASON NEWLIN: Yes.
MR. DECOSTE: And Luis Rivera had that every time he spoke to you?
JASON NEWLIN: Not for the interviews. For the proffers.
MR. DECOSTE: For — for the proffers?
JASON NEWLIN: Yes, at that point. And then he pled.
MR. DECOSTE: Ms. Magbanua didn't request to have that protection when she met with law enforcement, correct?
JASON NEWLIN: That would have been between you and Georgia.
MR. DECOSTE: You don't — you don't know that it was there, right?
JASON NEWLIN: I don't know.
MR. DECOSTE: And basically what happened in that room is Ms. Kawass and I sat back—
MS. CAPPLEMAN: Object to counsel testifying.
JUDGE WHEELER: Continue with the question.
MR. DECOSTE: What happened in that meeting is that Ms. Kawass and I stepped back, right? Sort of, and let you and ASA Cappleman, for as long as you wanted to, for whatever questions you have, question Ms. Magbanua?
JASON NEWLIN: You kept throwing hints that you had a piece of evidence that we missed and overlooked, and we knew what that piece was, and there was no surprise to it. And so, yeah, it didn't go anywhere.
MR. DECOSTE: Okay, that wasn't my question, though. My question was, we let law enforcement ask her without any protection?
JASON NEWLIN: That's correct. We didn't stop you. We just said, go ahead, ask away.
MR. DECOSTE: No, that's correct. Not so that we could come in here and say that there was the opportunity, so that you could finally try to get to the bottom of what happened here, right? The strategy behind it?
JASON NEWLIN: I don't know.
MR. DECOSTE: Ms. Cappleman said it was a joke. Was anybody laughing in that room?
JASON NEWLIN: Nobody laughed in the room.
MR. DECOSTE: Thank you, nothing further.
JUDGE WHEELER: All right. You may step down. Thank you.