8.Katherine Magbanua - Cross/Redirect
1,862 linesJUDGE WHEELER: Please be seated.
we'll continue with the testimony at this time. Cross-examination. Ms. Dugan, you may proceed.
MS. DUGAN: Thank you, Judge.
CROSS- EXAMINATION BY MS. DUGAN:
MS. DUGAN: All right. So I want to talk about what you just talked about with your attorney.
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: You said that you and Charlie Adelson were together in July of 2014, right?
KATHERINE MAGBANUA: Yes, ma'am -- no, July 2014?
MS. DUGAN: Yes, ma'am.
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: And then you broke up in August, you said?
KATHERINE MAGBANUA: I believe so.
MS. DUGAN: Okay. And then you became friends after that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And then you became his personal assistant in September of 2014?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: So that all goes on in the matter of those two months, July to September 2014?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: If you're someone's personal assistant, you have to see or talk to them every day, right?
KATHERINE MAGBANUA: See and talk to them every day?
MS. DUGAN: Uh-huh.
KATHERINE MAGBANUA: Talk to them on the phone --
MS. DUGAN: Right.
KATHERINE MAGBANUA: -- but not have to see them.
MS. DUGAN: Okay. Did you and Charlie continue to talk on the phone every day, multiple times a day, since you were his personal assistant?
KATHERINE MAGBANUA: Multiple times a day, I don't remember.
MS. DUGAN: well, every day then?
KATHERINE MAGBANUA: I don't remember if it's every day.
MS. DUGAN: Okay. well, how often would you talk to him?
KATHERINE MAGBANUA: I don't know. Do you have, like, phone records?
MS. DUGAN: No, I'm just asking you, what's your memory of how often you talked to him?
KATHERINE MAGBANUA: From 2014?
MS. DUGAN: Uh-huh. When you became his personal assistant?
KATHERINE MAGBANUA: I don't know how often I was talking to him.
MS. DUGAN: How would -- I mean, if you're working for him and being his personal assistant, you said you were --
KATHERINE MAGBANUA: well, whenever he would call me. So, I mean --
MS. DUGAN: It's everyday duties that you had?
KATHERINE MAGBANUA: He was calling -- I don't know how often he was calling me. That's why I don't want to answer, like, a wrong amount or a wrong number.
MS. DUGAN: Okay. well, you were getting paid every ten days for your work, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. So you would have regular work and you would have regular contact with him during all of your pay periods?
KATHERINE MAGBANUA: Not regular contact, no. I don't know how many times he would call me during the week.
MS. DUGAN: Okay. And he had just broken up with you two months before that?
KATHERINE MAGBANUA: Like I said, like I was telling Ms. Kawass, that I never had, like, a definitive date when we stopped, like, talking.
MS. DUGAN: Some time between the murder, though, and when you became his personal assistant, he broke up with you, though, that was your testimony?
KATHERINE MAGBANUA: Like, it was dwindling down, like, our relationship, I guess.
MS. DUGAN: Meaning that he was ghosting you?
KATHERINE MAGBANUA: Something like that, yeah.
MS. DUGAN: That's what your attorney said in her opening statement?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. why would he want you working as his personal assistant if he was ghosting you?
KATHERINE MAGBANUA: well, I told you that he needed -- I needed that favor for insurance purposes, that's why I put that I was working for him.
MS. DUGAN: Uh-huh. And you needed that favor, though -- and you needed that favor and you asked him for that favor actually in June of 2014, didn't you?
KATHERINE MAGBANUA: If that's what the records show.
MS. DUGAN: Uh-huh. Showing the first of Composite Exhibit State's 136.
JUDGE WHEELER: All right. well, let's make sure. You're asking that State's Exhibit 136 is admitted into evidence?
MS. DUGAN: Yes, sir. Composite exhibit.
MS. KAWASS: No objection.
JUDGE WHEELER: It will be admitted as State's Exhibit 136.
(State's Exhibit No. 136 received in evidence.)
MS. DUGAN: Permission to publish?
JUDGE WHEELER: Yes.
MS. DUGAN: Sorry about that. I thought we had done that outside the presence of the jury.
JUDGE WHEELER: It's all right.
BY MS. DUGAN:
MS. DUGAN: All right. Looking at this, you asked him for this favor. Baby, I need your help with employment. I have to send it to DCF for my kids’ insurance. Also, if I end up moving I need to be able to show L'm working for you or else I won't be able to get an apartment. That was in June of 2014, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: June 24th, actually. Right in between the trips to Tallahassee to commit this murder, right?
KATHERINE MAGBANUA: Say the dates again.
MS. DUGAN: June 24th, that's in between the June Tallahassee trip and the July Tallahassee trip?
KATHERINE MAGBANUA: I believe so.
MS. DUGAN: That you asked for this favor from him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And then you guys were together at the time that you asked this favor, right?
KATHERINE MAGBANUA: I believe so.
MS. DUGAN: Right. But he didn't put you on the payroll in June, did he?
KATHERINE MAGBANUA: No. I don't think I was on the payroll until -- September, you said?
MS. DUGAN: Right. So that was a favor that he did for you after he broke up with you, you're saying?
KATHERINE MAGBANUA: We never really broke up. Like, I guess, when we stopped having, like, that type of relationship.
MS. DUGAN: Right. You were no longer intimate with each other?
KATHERINE MAGBANUA: Not that I could recall.
MS. DUGAN: Okay. You said that y'all broke up some time after the murder of Dan Markel. And then about in May, that's when you got together with Sigfredo Garcia, right?
KATHERINE MAGBANUA: I got -- in 2015.
MS. DUGAN: Uh-huh. Right. Yeah.
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: But you said that in August, that's when he broke up with you?
KATHERINE MAGBANUA: I don't know the dates when we stopped -- or not stopped. But, like, when our communication dwindled down in the relationship.
MS. DUGAN: Okay. You asked him for that favor in June when y'all were definitely together though?
KATHERINE MAGBANUA: I believe so.
MS. DUGAN: And he ghosted you after the murder of Dan Markel, that's what the argument is, right?
KATHERINE MAGBANUA: Okay.
MS. DUGAN: Right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. But, at the same time that you're saying he ghosted you, you're also saying he asked you to become his personal assistant?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. Does that make any sense?
KATHERINE MAGBANUA: I needed the help to get my kids’ insurance.
MS. DUGAN: why would he want his ex-girlfriend who he doesn't talk to and he's ghosting to become his personal assistant?
KATHERINE MAGBANUA: He talks to his other ex-girlfriends.
MS. DUGAN: No, I said why is he ghosting you but asking you to become his personal assistant?
KATHERINE MAGBANUA: Because I'm asking him for the favor so that I can have insurance.
MS. DUGAN: Right. But at this point y'all are broken up when he put you on the Adelson Institute payroll, right?
KATHERINE MAGBANUA: we stayed as friends. we were friends.
MS. DUGAN: Okay. So he put you on the Adelson Institute as a favor to a friend?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: To their payroll. Okay. The other employees of the Adelson Institute, they said that, you know, you didn't work there?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: So that's why you're saying that you worked remotely, you worked at home, that's your testimony?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And Charlie Adelson, we hear him in the recordings saying, Oh, well, you cleaned the office on the weekends. But you're telling us you actually did not do that?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: Right? Okay. So why didn't you go into the office? why were you working from home? Like, what was so different about you?
KATHERINE MAGBANUA: what was so different about me?
MS. DUGAN: Uh-huh.
KATHERINE MAGBANUA: My whole purpose was to get insurance for my kids. I just -- I didn't, like -- and whenever he asked me to do some stuff, like, I would do it. Because, like I told you, the site. And I don't remember -- I can't recall a lot of the things from 2014, that's why I don't know how to really answer your questions.
MS. DUGAN: well, as his remote personal assistant, I mean, what, exactly, did you do for him? You said earlier you set up appointments for him, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: And you looked at rental places for him?
KATHERINE MAGBANUA: Yes, ma'am. He had owned properties. And, like, he was telling me to collect from the properties that he had.
MS. DUGAN: Okay. So let's take those one by one.
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Setting up appointments. Did you actually schedule any patients?
KATHERINE MAGBANUA: No, not schedule patients on the thing. It's for the site, like, his website.
MS. DUGAN: So you did not schedule patients?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: Okay. what appointments did you set up for him?
KATHERINE MAGBANUA: I can't recall.
MS. DUGAN: Okay. what type of appointments, if they weren't scheduling patients?
KATHERINE MAGBANUA: I can't recall.
MS. DUGAN: You don't know what type of appointments you set up for him?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: Okay. But you did not schedule patients?
KATHERINE MAGBANUA: Not that I can recall, no, ma'am.
MS. DUGAN: So it wouldn't have been for his work as a dentist?
KATHERINE MAGBANUA: I'm kind of getting confused about your question.
MS. DUGAN: His work as a dentist was he did dental work on patients, right?
KATHERINE MAGBANUA: Yeah, I can't recall the patients that I've called or which ones I've scheduled back in 2014.
MS. DUGAN: I'm not asking you for specifics. I'm just saying, what type of appointments did you set up for him if you didn't schedule patients?
KATHERINE MAGBANUA: I told you I didn't --
MS. DUGAN: what other types of appointments?
KATHERINE MAGBANUA: I didn't do the appointments. I did it for the site. Like his appointments with -- like other things that he needed to do. Not for patients in the office.
MS. DUGAN: Okay. So you were not scheduling patients. You were not -- this isn't the office website you're talking about?
KATHERINE MAGBANUA: Yes, the office website.
MS. DUGAN: Okay. What type of appointments are you putting on the office website that are not patients?
KATHERINE MAGBANUA: He just needed to -- well, like, to take the pictures for his office. His website.
MS. DUGAN: Right.
KATHERINE MAGBANUA: Yeah. That's what I was setting up the appointment for.
MS. DUGAN: You set up an appointment for him to get his website done --
MS. DUGAN: -- by a company that does websites?
KATHERINE MAGBANUA: Yes. Like my friend that was doing the website, yes.
MS. DUGAN: That is the appointment that you set up for him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And that is one appointment you're saying you set up for him?
KATHERINE MAGBANUA: That I can remember, yes, ma'am.
MS. DUGAN: Okay. And so you earned over $800 a month, over $17,000 over the course of a year and a half for setting up one appointment with him, one time to get his website set up?
KATHERINE MAGBANUA: I don't remember all of the specifics of stuff that he's asked me to do.
MS. DUGAN: Okay. That's the only one that you can think of?
KATHERINE MAGBANUA: I mean, like, right now, yes.
MS. DUGAN: Okay. well, your defense is that you're not involved in this murder, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And you've said it seems like Charlie Adelson is, obviously, huh?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: And your children's father, obviously, is too, right?
KATHERINE MAGBANUA: I guess so.
MS. DUGAN: And you're caught in the middle of it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: All right. And if you're collecting money from Charlie Adelson for no legitimate purpose, that looks suspicious. It looks like he's paying you or keeping you happy for your part in this murder, doesn't it?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: Okay. If you're doing something to earn those payments, then that no longer would seem suspicious, right?
KATHERINE MAGBANUA: well, I just don't understand when it's like -- you're talking about, like, the checks, right?
MS. DUGAN: Right. If you're doing something to earn that money, that would no longer seem suspicious?
KATHERINE MAGBANUA: I don't -- I'm not understanding your question.
MS. DUGAN: My question is: You're telling this jury that you did something -- you set up some type of appointments for him, but it was not scheduling patients. The only thing that you can tell us today that you ever set up for him, though, is one time --
KATHERINE MAGBANUA: That I can recall.
MS. DUGAN: -- you called a website company to have his website -- him to have an appointment with them for him to set up his website; isn't that true?
KATHERINE MAGBANUA: That I can recall, yes, ma'am.
MS. DUGAN: Okay. And in that message that -- actually, that's one of the ones that your attorney showed you -- or showed -- it was Investigator Isom, when he was on the stand the other day --
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: That was actually in August of 2014. That was a month before you started getting paychecks from the Adelson Institute, wasn't it?
KATHERINE MAGBANUA: what was the message?
MS. DUGAN: About, Hey, I called this person and he'll do your website. That was in August of 2014, wasn't it?
KATHERINE MAGBANUA: If that's what the text message shows.
MS. DUGAN: Okay. So that was before you ever received a paycheck from the Adelson Institute, wasn't it? If August is before September.
KATHERINE MAGBANUA: I believe so.
MS. DUGAN: Okay. Did you keep up with his schedule? TI mean, you'd have to know his schedule to be able to schedule patients, right? Or to set up appointments for him, I mean.
KATHERINE MAGBANUA: That's what you keep talking about, like, these appointments. I can't remember things that I was doing back in 2014.
MS. DUGAN: I'm not asking any specifics.
KATHERINE MAGBANUA: I didn't have like a schedule of his, like, daily activities and stuff. So I didn't -- I would just call him if -- or he would call me if he needed me to do something.
MS. DUGAN: Okay. Did you keep up with him, though, and his schedule, in order to be able to make appointments for him?
KATHERINE MAGBANUA: Keep up with him like see what his other appointments are?
MS. DUGAN: Know what's going on with him. My boss is here today. He's there today. He's on have vacation today. He's working this week. You would have to know his schedule in order to be able to set up appointments for him, right?
KATHERINE MAGBANUA: I don't know his definitive schedule at that time. But, I mean, like I told you, he would just text me if he needed me to do something.
MS. DUGAN: Okay. And how often would that be?
KATHERINE MAGBANUA: I don't recall.
MS. DUGAN: Okay. I mean, you would have some idea -- you would have some idea of what's going on with his work schedule if your job that you're getting paid $800 a month for is to set up appointments for him, right?
KATHERINE MAGBANUA: Like I said, I don’t know how often he would text me. whenever he would text me and he would ask me to do something, then I would do it. It was like odd jobs. It wasn't a specific, like, Oh, call this patient, or do this.
MS. DUGAN: Okay. I mean, isn't it true you had no idea what was going on with his schedule to set up any type of appointment for him or his work, right?
KATHERINE MAGBANUA: No, I would just text him and be like, Okay, are you going to be free for this X, Y and Z, if I needed to. But not that I can recall.
MS. DUGAN: Okay. I want to ask you about this text from October of 2014, which is a month after you started collecting paychecks from Adelson Institute. You send a message to him where you say, How are you, by the way? How's work and your love life? Didn't you say that?
KATHERINE MAGBANUA: That's what the text says.
MS. DUGAN: Okay. The following year you say, Hey, I was going to text you but, you know, I never know if you're on vacation or not at work. Didn't you say that?
KATHERINE MAGBANUA: If that's what the texts show, yes.
MS. DUGAN: The following month you text him and you said -- and this is December in 2015 when you're getting checks from the Adelson Institute -- So how's work? How's your office? You said that, too, didn't you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. So you were working as a personal assistant making that money, only set up the one appointment, that you can think of, and you're having to check in with him, How's work, How's your love life, what's going on with you. You're not keeping up with his schedule either, are you?
KATHERINE MAGBANUA: Like I said, I didn't have his definitive schedule of what he does. If he needs help, he needs to text me. And if he needs me to do something, he'll text me and let me do something.
MS. DUGAN: well, you also said that you helped him with tenants of properties?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: what did you do with the properties?
KATHERINE MAGBANUA: He had a couple of properties at that time. I don't remember what location or where it is. But he had asked me to collect, like, the -- yeah, the tenants, like, the monthly payment. And, like, they had, like, washers and dryers there, too. And, like, you had to open it up and, like, get, like, whatever coins are in there.
MS. DUGAN: Okay. So you collected rent from these tenants?
KATHERINE MAGBANUA: Yes. Do you want me to --
MS. DUGAN: Just a moment.
KATHERINE MAGBANUA: Okay.
MS. DUGAN: So I want to ask you about a prior statement that you made. I just gave you a transcript of that particular day.
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Looking at page 58.
KATHERINE MAGBANUA: Grab it?
MS. DUGAN: Line 22 through 25?
KATHERINE MAGBANUA: Okay.
MS. DUGAN: Okay. when you were asked in 2019, would you be responsible for collecting rent? You said, Initially he wanted me to try to collect rent, but those tenants were so difficult, so I just didn't do it.
KATHERINE MAGBANUA: Yeah.
MS. DUGAN: Isn't that true?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. So you didn't actually collect rent?
KATHERINE MAGBANUA: No. He wanted me to collect it. well, obviously, here it says that I didn't.
MS. DUGAN: Right. And today, though, you're saying that you did?
KATHERINE MAGBANUA: I said he wanted me to collect. I don't even remember what I just said.
MS. DUGAN: Right. I just asked you if you collected rent and you said you did. And that was a lie, wasn't it?
KATHERINE MAGBANUA: I just said I didn't in this testimony.
MS. DUGAN: Okay. And if you said that you collected rent from him today, and you previously said that you did not collect rent from his tenants, he wanted you to do it, but you never did it, that's a lie, right?
KATHERINE MAGBANUA: I should have told you to refresh my memory instead of saying that.
MS. DUGAN: Okay. well, is that a yes?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: why did he do this favor for you, to give you over $17,000 over the course of a year and a half from him and his parents’ business?
KATHERINE MAGBANUA: I needed to do it for the insurance for my kids. And I had to put it in the bracket so that I could apply for that.
MS. DUGAN: I understand why you needed it. why would he do that for you, that's my question?
KATHERINE MAGBANUA: Because he had a business.
MS. DUGAN: Right.
KATHERINE MAGBANUA: He had that office.
MS. DUGAN: Right. But it -- you're not doing a service for him though, right? You only set up the one appointment, and you didn't actually collect rent from the tenants. So why would he do this for you if you're not actually earning that money?
MS. KAWASS: Objection, speculation.
JUDGE WHEELER: Overruled.
KATHERINE MAGBANUA: I asked him for that favor for the insurance.
BY MS. DUGAN:
MS. DUGAN: I understand why you needed it.
KATHERINE MAGBANUA: I don't know why he did it.
MS. DUGAN: My question is: why did he do it for you?
KATHERINE MAGBANUA: I don't know, ma'am.
MS. DUGAN: Isn't it because he's keeping you happy because you did a really big favor for him --
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: -- in July of 2014?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: And you did hang that over his head, though, sometimes, didn't you?
KATHERINE MAGBANUA: Hang what over his head?
MS. DUGAN: The fact that you had done a really big favor for him?
KATHERINE MAGBANUA: Not that I can recall.
MS. DUGAN: Here, this is part of a conversation you had with him. You say, I know you're busy, but every time I speak to you it's like you have an attitude. I know you're overwhelmed by everything that you're doing. Don't worry about it. I'l] just ask him myself. And then you send him a website, and then you say, that's the website. Next time don't be such a dick to someone who has done something for you, right?
KATHERINE MAGBANUA: Okay.
MS. DUGAN: what did you do for him?
KATHERINE MAGBANUA: I don't know what he was referring to.
MS. DUGAN: I mean, you weren't doing much of anything for him, right? He was the one giving you all this money?
KATHERINE MAGBANUA: Ma'am, I told you, it was, like, I did -- the whole purpose for that was for the insurance for my children.
MS. DUGAN: I know. But my point is, he hadn't done anything for you. You were the one -- he was the one paying you the money. You weren't doing anything for him. He was doing everything for you, right?
KATHERINE MAGBANUA: He was doing that as a favor for me, yes.
MS. DUGAN: Right. So what are you talking about here, that something that you've done for him?
KATHERINE MAGBANUA: Do you have the rest of the text? Because that's just, like, a portion of it. I don't remember --
MS. DUGAN: It doesn't say that day. You're just talking about -- he's being mean to you and you're saying, don't be such a dick to someone who's done something for you.
KATHERINE MAGBANUA: I don't know what I was referring to.
MS. DUGAN: Okay. And that favor, you say it was to get insurance. And you're talking about Medicaid, is what you were trying to get?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And when you get insurance through Medicaid, I mean, the taxpayers are paying for that, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Right. It's all of us, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: And there's nothing wrong with that. A lot of people need Medicaid. It's a serious thing, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. But you were getting Medicaid at the same time that you were paying thousands and thousands of dollars in cash for a boob job?
KATHERINE MAGBANUA: well, I had already saved up for that. That was a long term -- like, the insurance was long term for my son because he has a disability.
MS. DUGAN: I understand. You said that. But I'm just saying, you were getting Medicaid at the same time that you were paying thousands and thousands of dollars in cash for a boob job?
KATHERINE MAGBANUA: That I had saved up for, yes, ma'am.
MS. DUGAN: Okay. You say you saved up for it, but you had a habit of depositing money into the bank. we saw all your cash deposits by day. And you deposit -- I mean, sometimes multiple, multiple deposits every day in the bank of different cash, in different banks?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: In cash. So you make all of those deposits in cash every day, sometimes at different banks, multiple times a day, right?
KATHERINE MAGBANUA: At different banks at the same day?
MS. DUGAN: Yeah. You deposit a lot of cash in the bank. You do it -- it's not just like a once-a-month thing. You do it almost daily. Sometimes you do it at multiple different banks in a day.
KATHERINE MAGBANUA: If that's what the records show. I don't remember what I was doing at that time.
MS. DUGAN: But you're saying for this breast augmentation you did not deposit that money, you kept that at home?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And it was just all the other money that you had you deposited in the bank, except for that?
KATHERINE MAGBANUA: I've already saved up for my breast augmentation.
MS. DUGAN: So that's a yes, you deposited all your other money into the bank except for the cash for the breast augmentation?
KATHERINE MAGBANUA: whenever I would have money with me from working, from the club, then I would save up and then I'd deposit whatever I had.
MS. DUGAN: Charlie Adelson, he also gave you other gifts, right? Besides just -- that wasn't the only benefit, being on the Adelson Institute payroll. I mean, he paid for a trip to Santo Domingo for you, right?
KATHERINE MAGBANUA: And the kids.
MS. DUGAN: Okay. And that's the Dominican Republic, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: And that was in 2015, after you and Charlie Adelson broke up?
KATHERINE MAGBANUA: If that's what the records show. I don't remember what date it was.
MS. DUGAN: Okay. He also offered to send you and your mom on a cruise, right?
KATHERINE MAGBANUA: where am I looking at?
MS. DUGAN: This is in October of 2015.
KATHERINE MAGBANUA: Because I didn't go on a cruise with my mom, so...
MS. DUGAN: Okay. But you're talking to him about -- you're talking to him about -- he says, where do you want to take your mom? You say, I want to do something for my mom, let me see if she has days off on Thanksgiving. He says, So, I think it would be super cool for you to go, just you and your mom, Friday through Monday on a Norwegian Cruise. Does that work for you? Let's look at dates, right?
KATHERINE MAGBANUA: I guess so. But I never went on a cruise with my mom, SO...
MS. DUGAN: And he says, Do you want me to get a cruise for you and your mom, in 2015, doesn't he?
KATHERINE MAGBANUA: I guess so. But I never went on a cruise with my mom.
MS. DUGAN: Okay. But that's not what I asked. He offered to buy you and your mom a cruise.
KATHERINE MAGBANUA: If that's what was on the text, then, yes.
MS. DUGAN: Okay. He would also give you cash. Sometimes you would text him, ask for help, ask for loans, you needed cash?
KATHERINE MAGBANUA: If that's what the text says.
MS. DUGAN: well, he would give you cash, right?
KATHERINE MAGBANUA: If you can show me the text message.
MS. DUGAN: Okay. In May of 2015 you say, By the way, I have a shitload of things to pay for. I need a little help because tuition and crap for the summer. I have to stop my weekend job. I hate asking. He says, I'll lend you whatever you need. And you say, It's just tight this month. And that's on May 20th of 2015, right?
KATHERINE MAGBANUA: But I -- yes, ma'am. well, I'm sorry. That was loud.
MS. DUGAN: Okay. And then when we look at State's Exhibit 81E, all your daily cash deposits. And a couple of days after that, on May 26th of 2015, you deposit $1,400 in cash, right?
KATHERINE MAGBANUA: That's what the record shows.
MS. DUGAN: Okay. So you asked him for help and he gives you cash; isn't that true?
KATHERINE MAGBANUA: If that's what the records show.
MS. DUGAN: who is Sully?
KATHERINE MAGBANUA: That's the mechanic.
MS. DUGAN: Okay. So Sully -- and your attorney was asking earlier about a Sully mech, M-E-C-H, that was in Charlie Adelson or Sigfredo's call list, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Sully is a mechanic. Mech is the first four letters of mechanic, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And how did you find out about Sully?
KATHERINE MAGBANUA: That was somebody that Charlie used for his -- his mechanic.
MS. DUGAN: Charlie referred you to Sully to fix cars when you were having car trouble, right?
KATHERINE MAGBANUA: Yeah. when like -- if the Lexus was having issues or my Mazda was having issues.
MS. DUGAN: Right. And so you got the Lexus fixed with Sully, right? And your Mazda?
KATHERINE MAGBANUA: Did I get it?
MS. DUGAN: Sully fixed -- Sully fixed --
KATHERINE MAGBANUA: Yeah, he's fixed it. He's fixed it before.
MS. DUGAN: Okay. And Sully is the mechanic for Ecofriendly Shop?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: That's the name of the --
KATHERINE MAGBANUA: Body shop.
MS. DUGAN: Of the body shop?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And when you got work done with Sully, Charlie Adelson would pay for it?
KATHERINE MAGBANUA: No, I believe I paid for the -- unless you have a text that shows otherwise. But I paid for payments for the Lexus getting fixed, because it kept breaking down on me.
MS. DUGAN: Okay. And your Mazda broke down a couple of times, right?
KATHERINE MAGBANUA: I believe so, yeah. Because I got in a car accident.
MS. DUGAN: At least some of these times, though, Charlie paid for it?
KATHERINE MAGBANUA: I don't know which times. But if you have the text message for it.
MS. DUGAN: All right. Here in October he's saying, I just got a call into Sully for you. I just spoke to Sully, it has to be done at Mazda. He said it should be about 1200. You're, you know, upset that it's 1200. He says, I'll pay it for you, smiley face, and that was in October of 2015?
KATHERINE MAGBANUA: Yes, ma'am. I was trying to read what was, like, after the text message.
MS. DUGAN: No problem. That's after you got back together with Sigfredo Garcia?
KATHERINE MAGBANUA: of 2015?
MS. DUGAN: Right.
KATHERINE MAGBANUA: Yeah, I believe I was already with him.
MS. DUGAN: Okay. And Sigfredo Garcia would drive the Lexus, too, right?
KATHERINE MAGBANUA: Every now and then. we would switch sometimes.
MS. DUGAN: Okay. And whenever the Lexus had a problem, y'all would take it to Sully at Ecofriendly Shop, because that's the mechanic that Charlie had referred to you.
KATHERINE MAGBANUA: well, there was also another mechanic that I was trying to use for the Lexus. But since Sully's been working on the Lexus, like, he's -- we'd taken it over there.
MS. DUGAN: Okay.
KATHERINE MAGBANUA: Yeah.
MS. DUGAN: He's also called in prescriptions for you, right? Charlie has.
KATHERINE MAGBANUA: who has?
MS. DUGAN: As a favor?
KATHERINE MAGBANUA: I believe he has.
MS. DUGAN: we're talking about the favors. we talked about the trip to Santo Domingo, offering you and your mom a cruise, the car repairs, he also called in a prescription for you, right? Called in prescriptions in the past?
KATHERINE MAGBANUA: Prescriptions?
MS. DUGAN: Right.
KATHERINE MAGBANUA: I guess so. TI don't recall. That's such a long time ago.
MS. DUGAN: Okay. Do you remember him paying for a Catered Fit meal service for you?
KATHERINE MAGBANUA: If you can refresh my memory.
MS. DUGAN: You don't remember that?
KATHERINE MAGBANUA: Can't remember.
MS. DUGAN: All right. And then he also gave you cash?
KATHERINE MAGBANUA: For what?
MS. DUGAN: when you would ask him for help or ask him for loans, he would give you cash?
KATHERINE MAGBANUA: Do you have any text messages that show --
MS. DUGAN: I just showed you the one about --
KATHERINE MAGBANUA: well, for that one, yes.
MS. DUGAN: Right. Okay. And those things that I was showing you, all of those things in 2015, that's after you and Charlie Adelson broke up?
KATHERINE MAGBANUA: I believe so.
MS. DUGAN: And you heard June say -- you were here during trial -- that after they broke up, they were together for seven years, he didn't give her any gifts like that. what makes you so special that he's giving you these gifts after he broke up with you?
KATHERINE MAGBANUA: I think she did mention she was getting gifts from him.
MS. DUGAN: She said a little something. Not a trip, cash.
KATHERINE MAGBANUA: Did you look into her records?
MS. DUGAN: Car repairs. No. I'm asking you, what was so special about you that he's giving you all these gifts --
KATHERINE MAGBANUA: I don't know, ma'am.
MS. DUGAN: -- after you broke up?
KATHERINE MAGBANUA: I don't know, ma'am. I thought you were referring that you had records for her too.
MS. DUGAN: No, I'm asking you why you were so special that he's giving you the gifts.
KATHERINE MAGBANUA: I understood your question.
MS. DUGAN: And you don't know?
KATHERINE MAGBANUA: I don't know.
MS. DUGAN: So not just to keep you happy, keep you quiet?
MS. DUGAN: All right. So we saw in the financial records that you had the big cash spike --
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: -- in August of 2014. where did this money come from?
KATHERINE MAGBANUA: well, it was showing -- I believe when Chris was talking about it, there's, like, jobs that you guys didn't account for.
MS. DUGAN: where were you working in July of 2014?
KATHERINE MAGBANUA: I don't know if I was in Fate or Hollywood Live. But I know that, like, my jobs were -- and I've told you before that Sigfredo has given me cash.
MS. DUGAN: Yindra says you were not at Hollywood Live in July of 2014. She said she quit in July of 2014 and you had quit two months before. So you weren't at Hollywood Live in July of 2014, were you?
KATHERINE MAGBANUA: Not that I can recall.
MS. DUGAN: Okay. And she said -- you said, actually, today, you worked at Fate and then you went to Hollywood Live, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. So where were you working in July of 2014?
KATHERINE MAGBANUA: I believe it was Fate, Hollywood Live, and then I think Fate after that. Like, because there was a little bit of a gap between Fate and, like, leave being in Fate.
MS. DUGAN: Okay. where were you working in July of 2014?
KATHERINE MAGBANUA: I don't recall where I was working.
MS. DUGAN: Okay. So you can't tell us anywhere that you were working at that time?
KATHERINE MAGBANUA: No. Do you have any records of where I was?
MS. DUGAN: No, I don't. And now I'm asking you, where were you working in July of 2014?
KATHERINE MAGBANUA: I don't recall. That was back in 2014.
MS. DUGAN: Or August of 2014?
KATHERINE MAGBANUA: I don't recall.
MS. DUGAN: where did this money come from?
KATHERINE MAGBANUA: I don't recall where I was working, or if Sigfredo gave me money on 2014.
MS. DUGAN: You don't remember whether it was money that you earned or money that he gave you?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: I mean, this is over twice -- $13,200 in August of 2014. That's over twice the amount of money that you -- of the most you've ever deposited before that in those three years.
KATHERINE MAGBANUA: I wish I could remember, but I don't know where from 2014.
MS. DUGAN: You don't remember earning twice as much money -- over twice as much money as any other month?
KATHERINE MAGBANUA: I wish I could remember. I don't even remember what I did yesterday.
MS. DUGAN: You don't remember depositing $13,200 in your account in August of 2014?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: You don't remember depositing $17,000 from the day of Dan Markel'’s murder to the end of August 2014?
KATHERINE MAGBANUA: No, ma'am. when I look at the records that you guys have, it's crazy. But what I can see -- how you guys put it and make it out to be, like, on my account.
MS. DUGAN: wouldn't that be a memorable thing for you, if all of a sudden --
KATHERINE MAGBANUA: Exactly. It would be --
MS. DUGAN: -- you got over twice the amount of money you would normally have?
KATHERINE MAGBANUA: That would definitely be memorable.
MS. DUGAN: I mean, before -- before July of 2014 you hadn't deposited -- you hadn't deposited $5,000, even close, since January of 2013, over a year and half before?
KATHERINE MAGBANUA: Ma'am, I wish I knew and I could recall and remember, but I don't.
MS. DUGAN: And then over the course of these three months you've got over 5,000 here, over 13,000 here, over 5,000 again here. And you're saying you have no memory of depositing that money or any idea where it came from?
KATHERINE MAGBANUA: I don't have a recollection.
MS. DUGAN: And you don't think that's something that you would remember?
KATHERINE MAGBANUA: I would remember that. But I don't have any recollection of that date. I don't know --
MS. DUGAN: I'm not talking about one specific day. I'm talking about those couple of months?
KATHERINE MAGBANUA: I know you were saying those months.
MS. DUGAN: Right.
KATHERINE MAGBANUA: But I remember when we were doing the chart there was jobs that I was working and I don't remember where I was working, what exact month. And I've told you I've gotten cash from Sigfredo before.
MS. DUGAN: Okay. You can't tell us, though, anywhere you were working in July of 2014?
KATHERINE MAGBANUA: I can't remember. I can't recall.
MS. DUGAN: Okay. And when you're talking about this money from Sigfredo --
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: -- you said he didn't steadily give you cash. It was just whenever he had it, he'd show up with it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: How much were you making at Fate Nightclub?
KATHERINE MAGBANUA: I don't recall. You can refresh my memory.
MS. DUGAN: what? You didn't say today, how much did you --
KATHERINE MAGBANUA: I mean, from my testimony.
MS. DUGAN: well, how much do you remember making at Fate Nightclub?
KATHERINE MAGBANUA: I don't remember. TI don't recall.
MS. DUGAN: How much did you make at Hollywood Live?
KATHERINE MAGBANUA: I don't recall.
MS. DUGAN: were you making thousands per night?
KATHERINE MAGBANUA: I believe I was making more in Fate. I don't know how much exactly. I don't want to commit to, like, an amount. But I was making more in Fate Nightclub than Hollywood.
MS. DUGAN: I'm looking at page 36, lines 22 and 23.
KATHERINE MAGBANUA: Okay.
MS. DUGAN: In your prior testimony you said that a good night for you, you would walk out of there at a 1,000 to 1,500 dollars; isn't that true?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And you said that you would work there sometimes two times a week? On the next page, page 37.
KATHERINE MAGBANUA: Yeah.
MS. DUGAN: That's what you said back in 2019?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: And you gave that testimony that you would walk out of Fate with between a 1,000 and 1,500 dollars a night. And that was before Ramzi Nabor was a witness in this case; isn't that true?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. That was before we had Ramzi Nabor to come in here and say, the club was not successful, it did not work, my employees were not making that much?
KATHERINE MAGBANUA: It was successful when that was happening, because even, like, his time frame of, like, he was talking about, like, it being a hip-hop club, and then it became like a trans-whatever club. But in hip-hop nights we were making a lot of money.
MS. DUGAN: No. He said his employees made between 200 and 250 dollars a night every time they work. So why are you saying back then that you made a 1,000 to 1,500 dollars a night?
KATHERINE MAGBANUA: Because we were making that much money. we were.
MS. DUGAN: Okay. we have a paycheck from Fate where it says that you made $985 for a whole month of your tips, don't we.
KATHERINE MAGBANUA: Yeah, that was the credit card tips.
MS. DUGAN: Right.
KATHERINE MAGBANUA: whenever you -- whenever you work in the nightclubs, if you -- if they pay cash, like, whatever the tips are, that's, like, your money. When it's credit card, that's when they do like the percentage. And then that's when it's -- that's why we got that percentage for the month. Like, I guess, they added everything up for the whole month.
MS. DUGAN: I understand. Ramzi Nabor says that 90 percent of their sales was in credit cards?
KATHERINE MAGBANUA: No, it wasn't.
MS. DUGAN: Was credit card sales. well, that's what he testified to, right?
KATHERINE MAGBANUA: I understand that. That's why we wanted to get those records, so that it could show it. But they didn't have the records available.
MS. DUGAN: If you were making $1,500 in cash every night at Club Fate, why were you making only $985 in credit card tips then?
KATHERINE MAGBANUA: That was, like, the percentage. I can't recall how much the percentage was. So every single time of the month that they would collect all the percentages from their credit cards, that's the check that we would get.
MS. DUGAN: If you were making $1,500 a night in Club Fate, why were their checks bouncing, if they were that successful?
KATHERINE MAGBANUA: we were -- when it's cash -- when the patrons pay cash and it's a hip-hop club --
MS. DUGAN: They're paying their cash --
MS. DUGAN: -- to the club for the drinks, right?
MS. DUGAN: Yeah.
KATHERINE MAGBANUA: And then whatever our tip-out is --
MS. DUGAN: I understand that that's the money that you can keep. I understand that.
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: I'm saying: Why were your checks bouncing from Fate if you were making $1,500 there every time you worked?
MS. KAWASS: Objection, speculation.
JUDGE WHEELER: Overruled.
KATHERINE MAGBANUA: I can't recall why the checks were bouncing.
BY MS. DUGAN:
MS. DUGAN: It's because Fate was not a successful nightclub, right?
KATHERINE MAGBANUA: It was a successful --
MS. DUGAN: They weren't making money.
KATHERINE MAGBANUA: Even on -- like, if you look back and you would see all the events that we had, we would have artists come in there. It was a very successful nightclub.
MS. DUGAN: Okay. So successful that Yindra says that you left because you were not getting paid?
KATHERINE MAGBANUA: Because of those bounced checks.
MS. DUGAN: Right.
KATHERINE MAGBANUA: After a while -- whenever you worked in clubs, there's times where it's, like, you're making good money, and then it will kind of die out. That's why we switch from place to place.
MS. DUGAN: I understand that. But you're saying that you made $1,500 in cash per night when you worked at Fate?
KATHERINE MAGBANUA: I understand that. Yes.
MS. DUGAN: Right. The owner says it did not take off. It was not successful. They made $200 per shift?
KATHERINE MAGBANUA: I understand what you're --
MS. DUGAN: And your checks were bouncing from there, from -- in your bank records; isn't that true?
MS. KAWASS: Your Honor, I'm going to ask -- objection.
JUDGE WHEELER: Hold on a second.
MS. KAWASS: If she could let the witness finish answering. I'm going to object to badgering.
JUDGE WHEELER: Let's let the witness finish an answer. Let's ask a question and then go to an answer. All right. I don't want people talking over each other.
What's the question, Ms. Dugan?
BY MS. DUGAN:
MS. DUGAN: Isn't that true?
KATHERINE MAGBANUA: I'm trying to explain to you that that's why they needed the records. Because it will show on the records how much we were making. We were making a lot of money. I worked there.
MS. DUGAN: Okay. why would you leave Fate then, where you're making so much money, and go to Hollywood Live?
KATHERINE MAGBANUA: I believe I did both, or one kind of overlapped with the other. I can't quite remember.
MS. DUGAN: You said when your attorney was asking you questions that you worked at Fate, and then you left and you went to Hollywood Live. And that's what Yindra said, too?
KATHERINE MAGBANUA: And I believe I went back to Fate after that. I just -- I can’t -- I can't fully recall. But I know when I was working in Hollywood Live I was doing bottle service, and I was a bartender. And I was making really good money in Hollywood when I was bartending.
MS. DUGAN: Okay. And Yindra said that she made -- she told us how much she made per night.
KATHERINE MAGBANUA: But Yindra was working as a bottle service in that club.
MS. DUGAN: Uh-huh.
KATHERINE MAGBANUA: It wasn't the same amount of money. And I've already explained that before.
MS. DUGAN: So you were working as a bartender --
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: -- at Hollywood Live?
Okay. And how much money were you making a night at Hollywood Live?
KATHERINE MAGBANUA: I don't recall in that club. But I know that I was making pretty good money. Because you can work there throughout the week as well. Whenever they have events as well.
MS. DUGAN: Was it less than Fate or more than Fate that you were making at Hollywood Live?
KATHERINE MAGBANUA: AS a bartender?
MS. DUGAN: Yes. Whatever you did at Hollywood Live?
KATHERINE MAGBANUA: It might be a little bit lower than being a bottle service in Fate. But I can't recall the exact amount I was making.
MS. DUGAN: well, then why did you leave Fate where you're making $1,500 a night to go to Hollywood Live where you would make less?
KATHERINE MAGBANUA: And I told you at that time, too, that sometimes we had peak seasons and it starts dwindling down. So maybe that's why I went to Hollywood. I can't recall. This was back in 2014.
MS. DUGAN: You said that you are working in liquor promotions. what's the name of the company that you worked for?
KATHERINE MAGBANUA: I was trying to remember it. You guys didn't pull any records for that either?
MS. DUGAN: You have bank records from Encore worldwide and SEO. Is that where you worked for liquor promotions?
KATHERINE MAGBANUA: That was way back -- that was way back. I did other promotions for, I believe, Absolut. I cannot think of the other two.
MS. DUGAN: No. what's the name of the company that you worked for that would have written you these paychecks?
KATHERINE MAGBANUA: I can't recall. I can't recall.
MS. DUGAN: Okay. Was it Encore Nationwide?
KATHERINE MAGBANUA: One of them, yes, ma'am.
MS. DUGAN: Okay. So that was a liquor promotion company that we have here that you worked for from January to December of 2013?
KATHERINE MAGBANUA: If that's what's on my records, yes, ma'am.
MS. DUGAN: Okay. And then what's SEO?
KATHERINE MAGBANUA: I don't recall.
MS. DUGAN: Okay. So then you stopped liquor promotions in December of 2013?
KATHERINE MAGBANUA: I don't recall the dates.
MS. DUGAN: You said Encore Nationwide was the business that you worked for?
KATHERINE MAGBANUA: Yeah.
MS. DUGAN: Okay. So then if your last paycheck is in December of 2013, that's when you stopped liquor promotions, right?
KATHERINE MAGBANUA: If that's what's on your records. I just know that I worked for another liquor promotion, but I don't know if it was Encore as well.
MS. DUGAN: And you said that in certain liquor stores the owner would allow you to get tips when you handed out drinks?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And that you think at the time they gave you paychecks, that's what you said?
KATHERINE MAGBANUA: At the time, maybe. I honestly cannot recall from 20 -- what? ‘14, at that time too.
MS. DUGAN: 2013, yeah.
KATHERINE MAGBANUA: 2013, I can't --
MS. DUGAN: I'm asking you about what your attorney asked you. Is your -- when you were working at liquor promotions, though, you said just sometimes you would get tips, if the owner allowed that to happen --
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: -- of the liquor store.
KATHERINE MAGBANUA: If that's what I had said, yes, ma'am.
MS. DUGAN: Okay. All right. Today, you know, you said that this 2014 -- this cash spike was from your nightclub work and then from Sigfredo Garcia. How much of it was from Sigfredo Garcia?
KATHERINE MAGBANUA: I can't recall the amount.
MS. DUGAN: You don't remember?
KATHERINE MAGBANUA: No, ma'am. When you were showing me that chart --
MS. DUGAN: Uh-huh.
KATHERINE MAGBANUA: -- I'm telling you I wish I could remember. TI don't remember -- because you're asking me exact amounts and where I worked and things I can't remember.
MS. DUGAN: well, he didn't provide you much money that often, right? It wasn't like a steady thing?
KATHERINE MAGBANUA: Not that I can recall, no. I mean, it's whenever, I guess, he would come up on something, then he would give it to me.
MS. DUGAN: If he showed up and handed you $5,000, $10,000, $13,200, that's something that you would remember, right? That never happens.
KATHERINE MAGBANUA: It's not that it never happens. I told you, like, it would happen -- I don't know the exact amount that he would give me. TI don't want to commit to an amount that you're trying to tell me. I can't remember back in 2014.
MS. DUGAN: In your prior testimony you said that he did not -- and I'm looking at page 60, lines 18 through 25. You said that he did not steadily give you cash. He did not have a set date that he'd give you anything. Sometimes he would --
You were asked: was there ever a time when he would come to you -- and your attorney asked, well, would you consider $1,000 a significant amount of cash? You said yes. Didn't he you give you a significant amount of cash? And you said yes. So you never said in that prior statement that he gave anything more than $1,000.
KATHERINE MAGBANUA: Um, which page number again? I'm sorry.
MS. DUGAN: Page 60.
KATHERINE MAGBANUA: 60. And then which line?
MS. DUGAN: Lines 18 through 25.
KATHERINE MAGBANUA: I just said that there wasn't, like, a set amount that he had to give me anything.
MS. DUGAN: Right.
KATHERINE MAGBANUA: It would be whatever he had.
MS. DUGAN: And your attorney asked, you know, would you consider $1,000 a lot if he would give you $1,000? And you said, yes, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. So $1,000 -- him coming and giving you a $1,000, that would be a lot from him?
KATHERINE MAGBANUA: From my testimony, yes, ma'am.
MS. DUGAN: Okay. And so if he came and gave you $5,000 in July or October, or 10,000 or 13,000 in August, that would be very abnormal?
KATHERINE MAGBANUA: It wouldn't be abnormal. It would just -- I mean, I -- you're trying to say if I could remember that amount?
MS. DUGAN: No. I'm saying before you said $1,000 would be a significant amount.
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. So if he was giving you more than that, that's something that you would remember. That would be significant, right?
KATHERINE MAGBANUA: Yes. Yes, that would be a significant amount.
MS. DUGAN: But you don't remember?
KATHERINE MAGBANUA: I don't remember.
MS. DUGAN: You have no idea. Isn't it true that the reason that you -- I'll move on.
I want to ask you about this night at Yardbird you told us about.
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: In your prior testimony -- did you have any indication that Sigfredo Garcia knew you were at dinner there or knew that you had gone there for dinner?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: Okay. So Sigfredo Garcia didn't say anything to you that would lead you to believe that he knew you were at dinner with -- at Yardbird?
KATHERINE MAGBANUA: Yeah, that was the first time I -- I mean, not the first time this time around, but I heard it through the trial.
MS. DUGAN: Okay. So you had no indications that he knew that?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: Okay. And the whole July 1st jet ski incident, that was, you said, the same day as the voice mail to Harvey Adelson from Charlie Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: I'm sorry. From Sigfredo Garcia?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. All right. So with this wire Charlie Adelson gets contacted by his mom. She says she was given paperwork which turns out to be this article about the murder. She says, This TV probably costs $5,000. You agree with me that Tv sounds like their code for this murder, right?
MS. KAWASS: Objection, lack of personal knowledge.
JUDGE WHEELER: Overruled. If you know.
KATHERINE MAGBANUA: I don't know, ma‘am.
BY MS. DUGAN:
MS. DUGAN: Then Donna Adelson tells Charlie that it has to do with the two of them and the man mentioned an ex-girlfriend, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: And then Charlie calls you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. why did he call you?
KATHERINE MAGBANUA: I have no idea.
MS. DUGAN: You don't know?
KATHERINE MAGBANUA: No, ma'am. I don't know if that's before or after, or when he spoke to his mom, or when they mentioned my name, or when he said ex-girlfriend. Like, it's been going round and round. I'm confused myself.
MS. DUGAN: Okay. And you said that -- in your last testimony, I'm looking at page 154, lines 4 through 9.
KATHERINE MAGBANUA: which lines, ma'am?
MS. DUGAN: 154.
KATHERINE MAGBANUA: Uh-huh.
MS. DUGAN: Lines 4 through 9.
KATHERINE MAGBANUA: Yes, I was saying that I'm his last ex-girlfriend.
MS. DUGAN: That's what you said in 2019, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: That you were his last girlfriend?
KATHERINE MAGBANUA: Yes. To my knowledge, yes.
MS. DUGAN: we've had testimony during this trial though that he's had several girlfriends since you dated, though, between that and the bump, right?
KATHERINE MAGBANUA: Yes. But I was explaining here that I'm his last ex-girlfriend. He was dating June, I think, at that time.
MS. DUGAN: Uh-huh.
KATHERINE MAGBANUA: So I didn't know about whitney. So I was his last ex-girlfriend.
MS. DUGAN: You didn't know about whitney?
KATHERINE MAGBANUA: No. I just -- I heard about it now.
MS. DUGAN: wasn't that, like, his first serious girlfriend after you and him broke up?
KATHERINE MAGBANUA: I don't know. That's why I'm getting confused, because I'm learning so many things from here that I don't know when I knew that that was his girlfriend, or I knew that girlfriend. I know about June because she testified over here.
MS. DUGAN: You knew that he was talking to lots of girls?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: And dating lots of girls?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: And you would actually chastise him in the messages about, like, him dating so many girls, moving them into his house, letting them drive his cars, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: And you would check in with him about these girls. You would say, you know, are you still talking to this girl, right?
KATHERINE MAGBANUA: I might have mentioned it. But just to say it -- you'd have to show me.
MS. DUGAN: Okay. In December of 2015 you say, Are you still talking to the lame chic, the girl who's hot and is really not. And he says, Yes, I'm still seeing her?
KATHERINE MAGBANUA: Yeah. But I don't know which one that is.
MS. DUGAN: Okay. I guess my point is, you know that -- you knew that you were not his last ex-girlfriend?
KATHERINE MAGBANUA: To my knowledge, I was his last ex-girlfriend. Because he was dating June. Didn't really know -- I didn't know about Whitney. I don't know if I've learned it from trial. But I was his last ex-girlfriend. If he was dating June and he dated me, I'm his last ex-girlfriend.
MS. DUGAN: By your own admission in the wiretap call you say, you've had a million ex-girlfriends, right?
KATHERINE MAGBANUA: I understand that. But I'm saying I'm his last ex-girlfriend. we're talking about this --
MS. DUGAN: Right. But he had -- you and him had broken up in the fall of 2014. And this bump is in the spring of 2016, right? You had been together with Sigfredo Garcia again for a year at that point, at the time of the bump?
KATHERINE MAGBANUA: At that point. Okay.
MS. DUGAN: Right. He had dated tons of girls in between that, right?
KATHERINE MAGBANUA: I believe so.
MS. DUGAN: Okay. You were not his last ex-girlfriend then?
KATHERINE MAGBANUA: But I'm saying from the timeline from June -- like June, the girl June.
MS. DUGAN: Right.
KATHERINE MAGBANUA: I was his last ex-girlfriend. We were talking about it in here. Like, you're talking about the -- wasn't this from the bump?
MS. DUGAN: That was from October of --
KATHERINE MAGBANUA: From the bump, though?
MS. DUGAN: The transcript you're looking at is from October of 2019 when you say you were his last ex-girlfriend at the time of the bump. That's what you said last time was the reason that he called you when an ex-girlfriend was mentioned.
KATHERINE MAGBANUA: But that's what I'm saying. But you're talking about a specific date on this, what's going on right now, too. This is not on the 19th. These are the transcripts from the 19th.
MS. DUGAN: Right. I'm saying, though, that you knew you were not his last ex-girlfriend, isn't that true?
KATHERINE MAGBANUA: I'm confused. Because I'm saying that I was his last ex-girlfriend. what are you talking about? From when we were talking in Dolce Vita?
MS. DUGAN: Right.
KATHERINE MAGBANUA: Okay.
MS. DUGAN: So you thought you were his last ex-girlfriend before --
MS. KAWASS: Objection, asked and answered.
JUDGE WHEELER: MS. Dugan, you can ask it one more time and she can answer it.
MS. DUGAN: Yes, sir.
BY MS. DUGAN:
MS. DUGAN: You believe you were his last ex-girlfriend --
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: -- before the bump. And that's the reason he called you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And he called you because he wanted you to deal with this for him, right?
KATHERINE MAGBANUA: I don't know if this is the reason why he had mentioned my name and why he wanted me to call.
MS. DUGAN: Okay. well, even before, though, that you knew your name was mentioned, you were willing to help him with the problem, right?
KATHERINE MAGBANUA: I was listening to him. TI don't know at that moment if I was saying that I was willing to help him.
MS. DUGAN: Okay. I want you to look at that same page, 154, lines 17 through 19. In 2019 you said, before your name was mentioned, you were willing to help him with that problem?
KATHERINE MAGBANUA: I said, yes, ma'am.
MS. DUGAN: Okay. And you're asked by Charlie Adelson to call this number. You don't know why he's asking you to do this, other than you're his last ex-girlfriend. And then the person that you get to call the number, coincidentally, just happens to be the shooter of the crime that Charlie Adelson thinks he's being blackmailed for, right?
KATHERINE MAGBANUA: I mean -- can you ask your question one more time?
MS. DUGAN: You were asked by Charlie Adelson to call this number --
MS. DUGAN: -- on the article?
MS. DUGAN: You got someone else to do that for you, right?
KATHERINE MAGBANUA: Yeah. I asked Sigfredo to do it.
MS. DUGAN: Sigfredo. So you coincidentally get the person who was the shooter of this crime that Charlie Adelson is being blackmailed, right?
KATHERINE MAGBANUA: I mean, I was just asking Sigfredo to call the number.
MS. DUGAN: And just coincidentally, he also -- he's the shooter?
KATHERINE MAGBANUA: I didn't even know about any of that until the trial.
MS. DUGAN: Okay. So that is a coincidence?
KATHERINE MAGBANUA: In your opinion, I believe so.
MS. DUGAN: All right. No, I don't think it's a coincidence. I'm saying you're saying that that's a coincidence. You didn't actually have anything to do with it?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: And you didn't actually know what it was about or who you were getting to call for that reason, anything?
KATHERINE MAGBANUA: No, ma'am. Other than the fact that they said Katie and Tuto.
MS. DUGAN: Yeah. And when Charlie Adelson told you that his mom said it has to do with Tuto and Tato, why didn't you say, You know exactly who that is, Charlie, Tuto is Sigfredo?
KATHERINE MAGBANUA: No. He was saying it in different ways. And then that's why I never corrected him. I know, like, they've asked me about that before. I didn't know that I had to correct him and say, well, you know him.
MS. DUGAN: Uh-huh.
KATHERINE MAGBANUA: You know the father of my kids. Like, why are you saying the name different?
MS. DUGAN: And he said that, though, multiple times. He said, I don't even know who Tuto is. He said that on the phone and he said that in Dolce Vita, didn't he?
KATHERINE MAGBANUA: On the phone I think I heard it. But in the Dolce Vita, I don't remember.
MS. DUGAN: And you just, though -- you just didn't correct him. Just didn't ask why he was acting like he didn't know who Tuto was?
KATHERINE MAGBANUA: That's the whole reason why we've been in here, because I wasn't asking the questions.
MS. DUGAN: why don't you ever mention Garcia's name to Charlie Adelson?
KATHERINE MAGBANUA: why don't I ever mention his name?
MS. DUGAN: Right.
KATHERINE MAGBANUA: The Tuto?
MS. DUGAN: No, why don't you ever say Tuto or Garcia to Charlie Adelson? why do you just say, He this, He that.
KATHERINE MAGBANUA: I never mention his name to him.
MS. DUGAN: Right. why not?
KATHERINE MAGBANUA: I just don't. Like, I'm not going to be, like, saying -- I don't know. I just -- I didn't.
MS. DUGAN: why don't you ever mention Charlie's name to Sigfredo Garcia?
KATHERINE MAGBANUA: I've always referred to him like my friend. Or vice versa, like, I always say, my friend. I don't think they want to hear about each other's name whenever I'm mentioning them.
MS. DUGAN: So whenever you talk to Garcia about Charlie Adelson, you always say that person or my friend?
KATHERINE MAGBANUA: Or my friend, yeah.
MS. DUGAN: Okay. I mean, if you called him and were talking to him about that person, how does he know who you're talking about?
KATHERINE MAGBANUA: Did I ever message him saying that person?
MS. DUGAN: In the wiretap call, yeah. You were talking to Sigfredo Garcia and referring to Charlie as that person?
KATHERINE MAGBANUA: I don't recall.
MS. DUGAN: why don't you just say Charlie?
KATHERINE MAGBANUA: I never mention either one of their names because -- I don't know. TI just didn't.
MS. DUGAN: Isn't the reason, though, that you never say their names is because you were all afraid that law enforcement might be listening?
KATHERINE MAGBANUA: well, apparently everybody had a burner phone, so why would anybody even been talking on the phone?
MS. DUGAN: Charlie called you. Charlie said that he wanted the problem flushed. That problem was this bad guy that was trying --
MS. KAWASS: Objection, facts not in evidence.
JUDGE WHEELER: Overruled.
BY MS. DUGAN:
MS. DUGAN: -- that was trying to extort his mom?
KATHERINE MAGBANUA: That was a joke.
MS. DUGAN: Okay. But he wanted you -- you were the person that he wanted to take care of this problem, right?
KATHERINE MAGBANUA: Yes. Because somebody mentioned my name.
MS. DUGAN: Right.
KATHERINE MAGBANUA: we've gone over this.
MS. DUGAN: Out of all the people in this world, though, he chose you? And you're saying that --
KATHERINE MAGBANUA: Because they mentioned my name.
MS. DUGAN: Okay. Today --
KATHERINE MAGBANUA: And Tuto's name. And then mentioned Tato's name. So, yeah, that's why I was confused.
MS. DUGAN: All right. What happened in the car before y'all went to Dolce Vita?
KATHERINE MAGBANUA: I don't even recall that. That's what I was asking when they said that there's a ten-minute meet up ina car. Like, where's that video or where's that --
MS. DUGAN: Did he search you for a wire?
KATHERINE MAGBANUA: You're talking about Charlie?
MS. DUGAN: Charlie Adelson.
KATHERINE MAGBANUA: No. Because I don't even recall that happening.
MS. DUGAN: All right. when did you find out that Dan Markel was murdered?
KATHERINE MAGBANUA: I believe I found out when -- when Sigfredo got arrested.
MS. DUGAN: Okay. So that was the first time that you'd ever heard of Dan Markel, his brother-in-law, being murdered?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Charlie Adelson never told you that?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: And you and him talk all the time?
KATHERINE MAGBANUA: Not all the time. You'll see the phone records. It shows --
MS. DUGAN: I've seen them. And y'all talk all the time.
KATHERINE MAGBANUA: You were just telling me earlier that, like, our conversations stopped, like, dwindled down.
MS. DUGAN: No. I was saying that you said that he was ghosting you.
KATHERINE MAGBANUA: Okay.
MS. DUGAN: You and Charlie Adelson talk all the time, right?
KATHERINE MAGBANUA: I guess so.
MS. DUGAN: Okay. And when Sigfredo -- I mean, he never mentioned to you that Dan Markel had been murdered?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: what was it that you thought he was saying that made national news, BBC News, Good Morning America?
KATHERINE MAGBANUA: What was --
MS. DUGAN: what's he talking --
KATHERINE MAGBANUA: what was who saying?
MS. DUGAN: what was Charlie Adelson talking about? what made national news?
KATHERINE MAGBANUA: I don't know. I didn't even know what BBC was.
MS. DUGAN: You know what Good Morning America is, though, right?
KATHERINE MAGBANUA: Yes. I know that but I didn't -- it wasn't anything that was, like, popping out. He never mentioned Dan Markel. He never mentioned Tallahassee. He never mentioned anything about a murder. Those things would stick out.
MS. DUGAN: Right. I would think that they would.
KATHERINE MAGBANUA: But he didn't talk about that, I'm telling you.
MS. DUGAN: why didn't you ask? I mean, what was on Good Morning America? What was on national news?
KATHERINE MAGBANUA: I don't remember what happened. I mean, we have the whole video and it didn't even pick up anything TI said.
MS. DUGAN: Right. But then he would have explained to you what he was talking about.
KATHERINE MAGBANUA: He didn't explain anything. He was saying scenarios.
MS. DUGAN: Okay. In the Dolce vita video, he's saying it's either somebody trying to blackmail his family, or it's the cops working undercover.
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: why would it be the police? why would the police be investigating his family?
KATHERINE MAGBANUA: I don't know.
MS. DUGAN: why isn't your first question, why in the world would the cops be running an undercover investigation on your family?
KATHERINE MAGBANUA: I don't even know if I ever mentioned that. I don't know. I don't remember what happened in 2014.
MS. DUGAN: Looking at page 155, lines 3 through 11. You were asked, why would it be the cops? On page 155, lines 3 through 11 you were asked, why it would be the cops? You said, I don't know. Because he's always talking about the cops.
KATHERINE MAGBANUA: Uh-huh.
MS. DUGAN: You were asked, But didn't you ask him why the cops would be running an undercover operation on his mother? And you said, No, ma'am.
KATHERINE MAGBANUA: So I didn't ask.
MS. DUGAN: Right. You didn't ask. why wouldn't you ask, why would the cops be running an investigation on your family?
KATHERINE MAGBANUA: I don't know. That's the whole reason of why he was meeting up with me, because he doesn't even know what was going on. Now I see that he did.
MS. DUGAN: Right. We're not talking about him, though. I'm saying, you didn't ask why the cops would be running an undercover investigation on his family, did you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: This may be the third time, objection, asked and answered.
JUDGE WHEELER: All right. That was asked and answered.
MS. DUGAN: Okay.
JUDGE WHEELER: Let's move on.
BY MS. DUGAN:
MS. DUGAN: I want to ask you about this Dolce Vita video.
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: We're going to have to put on our headphones on for this.
MS. DUGAN: Everybody ready?
(Audio recording published in open court. Due to the quality of the audio, this reporter could not accurately transcribe the recording. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Audio played.)
(Inaudible.)
(Audio stopped.)
BY MS. DUGAN:
MS. DUGAN: All right. So Charlie Adelson says in that clip --
MS. KAWASS: Objection, Judge, as to what Charlie Adelson said.
JUDGE WHEELER: Overruled. This is -- she can give her interpretation. It's up to the jury to decide, but she can ask the question.
BY MS. DUGAN:
MS. DUGAN: When he says at the very beginning of that clip, If they had any evidence, we'd already be gone to the airport by now. What did you understand --
MS. KAWASS: Objection, Judge. I didn't hear that.
JUDGE WHEELER: Overruled.
KATHERINE MAGBANUA: I didn't even hear anything that the recording was saying.
BY MS. DUGAN:
MS. DUGAN: You didn't hear any of that?
KATHERINE MAGBANUA: I didn't hear anything -- like, the line that you just said, I did not hear that on the recording.
MS. DUGAN: When that recording started, you didn't hear him say, If they had any evidence, we would have already gone to the airport by now?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: So you had no idea what he was talking about, evidence of what?
KATHERINE MAGBANUA: I don't know, ma'am.
MS. DUGAN: If he did say that, evidence of what?
KATHERINE MAGBANUA: I wouldn't know. I don't know what I said.
MS. DUGAN: Okay. So in the next statement when he's saying, If they bug your phone, you're still not talking about any of this. I mean, what are you not talking about?
KATHERINE MAGBANUA: I don't know what he's talking about.
MS. DUGAN: You couldn't hear anything that he said?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: Okay. Maybe my volume wasn't up high enough. Maybe I should try that one again. Let's try it one more time.
(Audio recording published in open court. Due to the quality of the audio, this reporter could not accurately transcribe the recording. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
BY MS. DUGAN:
MS. DUGAN: Did you hear at the beginning of the clip that time when he says, If they had any evidence, we would have already gone to the airport by now.
KATHERINE MAGBANUA: The only thing I caught was bugged phone.
MS. DUGAN: Okay.
KATHERINE MAGBANUA: I didn't hear anything in the beginning.
MS. DUGAN: If he had said to you, If they had any evidence, we'd already be gone to the airport by now, what was he talking about? Evidence of what?
KATHERINE MAGBANUA: I have no idea. I told you he was saying scenarios and I can't remember what he was talking about at that time.
MS. DUGAN: So he wouldn't have been trying to ease your mind? Let you know if this is the cops, they don't have anything on us?
MS. DUGAN: when he says, Even if they bug your phone, and at the end he says, You still have not been talking about this. what have you not been talking about on your phone?
KATHERINE MAGBANUA: I didn't hear anything that said anything about me not talking on the phone.
MS. DUGAN: when he was talking about, Even if they bug this, even if they bug your phone --
KATHERINE MAGBANUA: Okay.
MS. DUGAN: -- at the end of the clip he says, You still have not been talking about this. So even if your phone is bugged, you're still not talking about this?
KATHERINE MAGBANUA: But is he implying to me? Like, he might have been saying scenarios. You guys keep taking things out of context. And it's not -- I don't even know. I can't answer that question if I don't know the whole thing.
MS. DUGAN: Okay. So I'm -- I'm telling you what I'm hearing on here and I'm asking you about it.
KATHERINE MAGBANUA: what you're hearing?
MS. KAWASS: Objection, Judge. That's improper.
JUDGE WHEELER: All right. TI don't want to get argumentative. You've already asked and answered that question.
MS. DUGAN: Yes, sir.
JUDGE WHEELER: Let's move on.
BY MS. DUGAN:
MS. DUGAN: You never went to Tallahassee, did you?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: And you never shot anybody, did you?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: I want to play the next clip for you.
(Audio recording published in open court. Due to the quality of the audio, this transcript should not be considered a verbatim transcript. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
AUDIO RECORDING: (Inaudible.) You've got to prove it. You've got to put the person at the scene. You've got to -- in order to prove it, you have to put that person at the scene of the crime. And it's got to be
(inaudible).
(Audio stopped.)
BY MS. DUGAN:
MS. DUGAN: He's telling you there that you have to be able to put the person at the scene at the time in order to prove a crime. You can't just say, Oh, my brother did it, or, Oh, I shot JFK. You've got to have evidence. That's what he's telling you, right?
KATHERINE MAGBANUA: Okay.
MS. DUGAN: That's what he's telling you, right?
KATHERINE MAGBANUA: I mean, that's what it said on the recording.
MS. DUGAN: what is he talking about?
KATHERINE MAGBANUA: I have no idea. That's what I'm telling you. He keeps talking in scenarios. I don't know what he's talking about.
MS. DUGAN: Right. And last time, when you testified in 2019, you said that he was just talking in scenarios, you didn't have any specific memory about what, right?
KATHERINE MAGBANUA: Exactly. I didn't remember anything specific.
MS. DUGAN: Right. Your attorney asked you today whether if last time you explained what was in the Dolce Vita video.
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: what you explained was that you remembered him talking about scenarios. You didn't know what they were. You didn't have any specific memory of that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And you don't know why he's letting you know that, Hey, in order to prove a crime, they have to put the person at the scene of the crime, you don't know why?
KATHERINE MAGBANUA: I don't know why.
MS. DUGAN: Okay. Let's listen to the next one.
(Audio recording published in open court. Due to the quality of the audio, this transcript should not be considered a verbatim transcript. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
AUDIO RECORDING: Well, some (inaudible) the problem is -- okay. So tell the cops. They're going to ask you, where's the weapon at? You're going to say, I don't know. Do you know who pulled the trigger? You say a name. Okay. How can you even Cinaudible) did you witness it? The question is, if you didn't witness it, you only heard a rumor on the street that this person did something. You know what that's worth? Zero.
Then what you do is, you wear a wire and get this person talking. And if you can get this person to confess on wire, then you have something Cinaudible). You have a confession.
(Audio stopped.)
BY MS. DUGAN:
MS. DUGAN: In that one he tells you, If this person went to the cops, they're going to be asked, you know, well, where's the weapon? Did you witness it? No, you just heard a rumor. well, that's worth zero. You have to get them on a wire. You have to get them to confess. Outside of that, there's no evidence. That's what you heard, right?
KATHERINE MAGBANUA: Parts of it, yes, ma'am.
MS. DUGAN: Okay. And he's saying, right, that if you guys all keep quiet, no one's going to have any evidence of you, right?
KATHERINE MAGBANUA: I didn't know what he was talking about. I didn't know what he was talking about. He's saying scenarios over and over.
MS. DUGAN: why is he talking about this with you?
KATHERINE MAGBANUA: I don't know.
MS. DUGAN: what is he saying the cops aren't going to have evidence of?
KATHERINE MAGBANUA: I have no idea.
MS. DUGAN: You had no clue?
MS. DUGAN: And you didn't ask, either, did you? That's your testimony?
KATHERINE MAGBANUA: I don't remember what we were talking about. Or if asked. I hear myself responding, but...
MS. DUGAN: Right. But you did say that you never asked why the cops would be running this undercover investigation, right?
KATHERINE MAGBANUA: I believe so.
MS. DUGAN: Okay. You were in this Prius that Garcia and Rivera rented for the July trip to Tallahassee? You were in it at some point, right?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: You never sat in it?
KATHERINE MAGBANUA: Never sat in it.
MS. DUGAN: Never rode with Garcia just to get food or something?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: All right. The father of your children was in that Prius though, right?
KATHERINE MAGBANUA: well, with the -- with the picture that they've showed, yeah, he was in that Prius.
MS. DUGAN: Okay. And in this video, Charlie Adelson is giving you examples of how just because a person was in a car that someone used to commit a crime, that doesn't mean anything, right?
KATHERINE MAGBANUA: On what video?
MS. DUGAN: On the Dolce vita video.
KATHERINE MAGBANUA: I don't recall that part.
MS. DUGAN: Okay. Let's listen to two more clips.
(Audio recording published in open court. Due to the quality of the audio, this transcript should not be considered a verbatim transcript. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
AUDIO RECORDING: Fact is, like, even if -- let's say you just have my car, right? And then I go ahead and I commit a crime. And then I go -- and you're getting into the car and I go, yeah, Katie was in my car and got out and did this horrible crime. Okay. Then they come and they get the DNA in the car. They go, yep, Katie was in the car. No. Katie sat in the car for two minutes, got in the AC and then got out of the car. Katie has nothing to do with me robbing the Burger King.
(Audio stopped.)
MS. DUGAN: Got one more.
(Audio recording published in open court. Due to the quality of the audio, this transcript should not be considered a verbatim transcript. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
AUDIO RECORDING: Outside of that, there's no evidence. Okay? You know, if you have a car and you link this person to renting that car that was used to commit a crime, okay, but, you know, you have to prove that they were also driving that day too. And they never rented it and lent it to a friend.
what if you rented a car today, I go, Katie, can I borrow it for the weekend and I'll bring it back on Tuesday? You go, yeah, sure. So you rented a car. You've been in that car. I drive it to fucking Orlando. I rob a McDonald's in Orlando. I come back and I go, Here's the keys, Katie. And you go, Okay, thanks.
Yeah, you rented it -- but what if you were fucking out all weekend and didn't even know I took your car, and I did something and I brought it back? Okay? My point is, I don't have any knowledge of what went on. Evidently, this person is either pretending to or does. I don't want someone paying visits to my parents.
(Audio stopped.)
BY MS. DUGAN:
MS. DUGAN: So here in those two clips we listen to, he was saying, You have to be able to put the person at the scene at the time, not in the car. Let's say you sat in the car, right? Then I go commit a crime, but your DNA is in there. And I said, Katie was in my car and she did this horrible crime. Okay.
They get your DNA in the car and, okay -- okay, Katie was in the car. No. That means Katie sat in the car for two minutes and got out. Katie has nothing to do with me robbing Burger King. That's what you heard, right?
KATHERINE MAGBANUA: Parts of it, yes, ma‘am.
MS. DUGAN: Okay. And then he gives you another rental car example. He says, If you have a car and you can link this person to renting that car that's used at the scene of the crime, you also have to prove who was driving that day. You know, they could have rented it and lent it to a friend.
Then he gives you another one. Doesn't he? He says, You rent a car and I ask to borrow it. I drive to Orlando, rob a McDonald's and come back. Yeah, you rented it, but you were out. You didn't even know I took your car. Isn't that what you heard?
KATHERINE MAGBANUA: Parts of it, yes.
MS. DUGAN: why is he giving you so many rental car examples?
KATHERINE MAGBANUA: I wish I knew. That's what I'm saying. Like, he's saying scenarios. Don't you think it's kind of odd? why is he saying all those scenarios in front of other people or whatever if, like, apparently -- if he thought that I was -- what did you say earlier, that I'm wearing a wire?
MS. DUGAN: No. I think that he didn't think you were wearing a wire. I think he thought that y'all were in a loud restaurant. And he's trying to ease your mind. And he's saying to you, right, that he's saying --
KATHERINE MAGBANUA: But why is he -- he keeps explaining himself. Like, and he says that I don't have anything to do with it. why is he trying to convince me that he has nothing to do with it when I don't know what he's talking --
JUDGE WHEELER: All right. I'm going to stop you.
KATHERINE MAGBANUA: I'm sorry.
JUDGE WHEELER: Okay. She's going to ask the questions and you're going to respond. Okay?
BY MS. DUGAN:
MS. DUGAN: He is trying to ease your mind because the car that Garcia and Rivera rented to drive up here and kill Dan Markel had been on the news, right?
KATHERINE MAGBANUA: I don't know of that.
MS. DUGAN: You were nervous that police might be able to connect them to having rented it or been in that car, weren't you?
KATHERINE MAGBANUA: why would I be nervous? I never even knew of it.
MS. DUGAN: You never knew that the car was on the news?
KATHERINE MAGBANUA: I knew from when Sigfredo got arrested. And I think they put a picture of that -- of the Prius.
MS. DUGAN: He was trying to tell you in that video that it doesn't matter if they rented a certain car or were seen in a certain car; police have to be able to put them at the scene of the crime at the time, right?
KATHERINE MAGBANUA: That's what he had said on the video. But I don't know what he was talking about.
MS. DUGAN: So he's just talking about that? You have no idea why?
KATHERINE MAGBANUA: He's giving different scenarios.
MS. DUGAN: Okay. One of the scenarios he gave was, he said, you know, it could be the cops, you know, trying to, you know, run an undercover investigation. Or it could be somebody trying to blackmail his family. That was the other scenario, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: why did he think somebody would be extorting money from his family?
KATHERINE MAGBANUA: I don't know. That's what he was trying to figure out.
MS. DUGAN: wouldn't you be curious as to why someone was trying to blackmail his family?
KATHERINE MAGBANUA: would I be curious?
MS. DUGAN: Right.
KATHERINE MAGBANUA: I was curious. That's why TI sat there and I listened.
MS. DUGAN: Right. But you never asked him, why would somebody be trying to blackmail your family? why are the cops doing this investigation on your family?
KATHERINE MAGBANUA: I don't know if I asked him at that time or not because, apparently --
MS. DUGAN: You said in 2019 you did not, right?
KATHERINE MAGBANUA: well, apparently, then I don't. Because I don't recall. But if that video said or, like, it picked up anything that I was saying, then I would know what I was talking about.
MS. DUGAN: well, you said in 2019 that you did not --
KATHERINE MAGBANUA: Okay. So then I don't.
MS. DUGAN: -- ever ask that, right? And now, though, the video is audible, right? And it's pretty obvious you would have known what was going on --
MS. KAWASS: Objection, mischaracterization of the evidence.
JUDGE WHEELER: ATl right. Ask a question, Ms. Dugan.
MS. DUGAN: Yes, sir.
BY MS. DUGAN:
MS. DUGAN: All right. Let's listen to one more.
(Audio recording published in open court. Due to the quality of the audio, this reporter could not accurately transcribe the recording. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Audio playing.)
(Inaudible.)
(Audio stopped.)
BY MS. DUGAN:
MS. DUGAN: And about 12, 15 seconds in there, you heard him say that, you know, if this was somebody blackmailing his family, this is somebody who knows information. That's what he said to you, right?
KATHERINE MAGBANUA: If that's what it said on the video.
MS. DUGAN: Is that what you heard? That this is someone --
KATHERINE MAGBANUA: No. All I heard -- I heard a little bit in the end. But I didn't hear the first -- like, what you were just saying right now.
MS. DUGAN: what is he talking about that these people know information about?
KATHERINE MAGBANUA: I don't know. I keep telling you I don't even remember.
MS. DUGAN: Okay. I've got one more.
(Audio recording published in open court. Due to the quality of the audio, this transcript should not be considered a verbatim transcript. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
AUDIO RECORDING: If they are cops, I'm happy, because I have nothing to hide. If they're a bad guy, there's two ways of dealing with this situation. One is, go ahead and contact Miami Beach Police Department.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: Okay? They'll contact this guy. They'11 talk to him on the phone and they'll arrange for things to be set up.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: And when it's set up, it's going to be like the fucking SWAT team and fucking FBI. They're going to fucking take this guy down, and then they will offer him ten years because we just have you on tape extorting somebody, and now tell us everything you know or you're going to serve ten years in prison. Is it worth it?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: Next thing you know, this person is a snitch, and people -- other people start singing. As soon as they have him, he starts calling your name out. well, my parents Know, they're going to have to say, yeah, the guy came, they said that -- they're going to ask us the story of what happened.
(Audio stopped.)
BY MS. DUGAN:
MS. DUGAN: All right. So in that clip he’s saying, if this is a bad guy, there's two ways of dealing with it. we can go ahead and call the police, they'll contact him, arrange a set up, take him down. But then he'll be telling everything he knows or else he's going to serve ten years in prison. And the next thing you know, that person is singing. And he's going to start calling your name out. And my parents are going to have to say -- they're going to be asked the story of what happened. Isn't that what you heard?
KATHERINE MAGBANUA: I didn't hear that. Like, not everything that you're saying. But, like I said, I don't know what he's talking about.
MS. DUGAN: well, you heard him say at the end of that clip that they're going to be calling your name out, that blackmailer?
KATHERINE MAGBANUA: My name?
MS. DUGAN: Right.
KATHERINE MAGBANUA: No, I did not hear that.
MS. DUGAN: If this bad guy who knows -- is going to tell the cops information, why would he be calling your name out?
KATHERINE MAGBANUA: I don't know.
MS. DUGAN: All right. Got one more.
(Audio recording published in open court. Due to the quality of the audio, this transcript should not be considered a verbatim transcript. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
AUDIO RECORDING: (Inaudible) this is why I'm saying it. I give you money, you talk to him on the phone. She is Cinaudible) say -- I'm just -- because my head is fucking spinning. So you now know that -- I know whoever this guy is. I don't know who he is. And these people are going to -- say, my friend -- say, I got -- you can call the guy up and say, I got a call from so-and-so. I got a call from somebody saying I reached out to them. That's all I want you to say. TI got a call from so-and-so that you reached out. These people had --
AUDIO RECORDING: (Inaudible.)
AUDIO RECORDING: (Inaudible) I got a call from some friends of mine who say that you've reached out to them and that you mentioned my name. And remember, remember, your job is to protect (inaudible). Okay? So what you're going to say is, I got a call from some friends of mine who said that you reached out to them and that you had mentioned my name.
These people want to go to the police because they have nothing to do with what you're talking about. Okay. And, frankly, I don't know what you're talking about. But the name sounds familiar of who's incarcerated, so I'll give you something as charity to help the less fortunate. But do not contact these people again or they're going to the police.
And let him know you had to do everything in the world to prevent these people from going to the police. Because they don't know anything. I don't know anything. And that you -- the name sounds a little familiar. And that I'm going to help you out with some charity, and don't ever contact me, my friends or my family again. And that we will go to the police.
That way he gets his money. He also knows that you know everything. That you may have a friend who may not be so cool with what's going on too. You may know people who know how to handle things like this. And that this is a fucking one-time thing. And this is charity to help somebody out less fortunate because you believe in karma -- and that's the only reason it's being done. If it happens again, they're going to the police.
And then the whole time you're talking, you just say, I don't know at all what's going on. I was just called by a very shaken old friend who is scared. And I told them that, let me -- we're going to try to help these people but that if we don't use anything other than the words "help" and “charity”.
(Audio stopped.)
BY MS. DUGAN:
MS. DUGAN: So in that clip, after he explains that this bad guy could tell information to the police, could call your name out, he says this is my idea, and he gives you very precise instructions, doesn't he?
KATHERINE MAGBANUA: Yeah. He was talking about the calling to say it's -- yeah.
MS. DUGAN: He told you to say, My friends have no idea what you're talking about. And, frankly, I don't know what you're talking about either, but the name sounds familiar of who is incarcerated?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: whose name did he think sounded familiar?
KATHERINE MAGBANUA: I believe it's because his mom got a bump and said that you have to help your friends Tato or something.
MS. DUGAN: Right.
KATHERINE MAGBANUA: Like, your brother Tato. I don't know if he's talking about Tato or Tuto.
MS. DUGAN: The name Tato and Tuto are familiar to you, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: And you never had to tell him who Tuto and Tato were. He knew and you knew, right?
KATHERINE MAGBANUA: I don't know if he knew -- well, yeah, he did. He knew Tuto's name. I don't know about Tato.
MS. DUGAN: Tato is the one who is incarcerated, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. And you knew that?
KATHERINE MAGBANUA: I knew he was incarcerated by the Feds, but I don't know where he was at.
MS. DUGAN: All right. And he said, So I'm going to give you something as charity to help the less fortunate, but do not contact these people again or they're going to the police. The only reason we're doing it is cause of karma. And the whole time that you're talking, this is what he's telling you to do, right?
KATHERINE MAGBANUA: Okay.
MS. DUGAN: He wants you to say, I don't know what's going on. And only use the words “help” and "charity," right?
KATHERINE MAGBANUA: Okay.
MS. DUGAN: He really didn't want you to give this guy any information about what you knew, did he?
KATHERINE MAGBANUA: Didn't want to give who?
MS. DUGAN: He didn't want you to give this blackmailer any information about what you knew, right? He's saying, Don't say anything else, right?
KATHERINE MAGBANUA: No. He's trying to convince me -- now, how many times I've listened to it, he's trying to convince me to do this. If I was in any way, shape or form in this with him, why would he throw me to the cops and tell me to say this?
MS. DUGAN: Because you were the ex-girlfriend who took care of this problem for him. You are his connection to these people. He wants you to take care of it.
KATHERINE MAGBANUA: No. They mentioned my name. They mentioned Tuto's name.
MS. DUGAN: Right.
KATHERINE MAGBANUA: And then they mention about a brother being incarcerated, which was Tato.
MS. DUGAN: I know. And then he starts talking about Sigfredo Garcia right after that clip, right? That we just heard. He starts talking to you about Sigfredo Garcia, doesn't he?
KATHERINE MAGBANUA: Refresh my memory. Like, what was he saying?
MS. DUGAN: Charlie Adelson starts talking to you about Sigfredo Garcia, doesn't he?
KATHERINE MAGBANUA: I don't know who he was talking about.
MS. DUGAN: Okay. Let's listen.
(Audio recording published in open court. Due to the quality of the audio, this transcript should not be considered a verbatim transcript. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
AUDIO RECORDING: Ask that you leave these people alone or they are going to the police.
That's all I was able to come up with. Because if they're police, they can't take the money. They won't even come meet you. They fucked up. If it's this guy, maybe in the back of his -- he knows and he can fuck off times a million.
And then now he's talking to his wife, and he's fucking with him. And you fuck Cinaudible) himself. You better kill him because he's a big problem. And he knows who you are. If he can't do it, we'll have someone else do it.
And so help me God if they fuck with my family, it's going to be like fucking Nazi shit because it will be dealt with. Do you know what I'm saying? TI mean, Katie, I don't care what I spend. Okay? I swear to God, if -- Katie -- Katie --
(Inaudible.)
AUDIO RECORDING: This person knows -- they feel like they know a little bit. Maybe, maybe not.
(Audio stopped.)
BY MS. DUGAN:
MS. DUGAN: In that clip we just heard he's saying, Now he's fucking with him, he's fucking with his wife. If he's fucking with the king himself, you better kill him because he's going to be a big problem. He knows who you are. And if he can't do it, have someone else do it, right?
KATHERINE MAGBANUA: Yeah, but he's not talking about Tuto there. Like, where --
MS. DUGAN: He's not?
MS. DUGAN: Okay. well, let's keep listening. But, one second, he's telling, though, in that part that I just talked about, how mad Garcia needs to be about this, right? Some guy is messing with you, putting your name out there as part of this, and you need to kill him or he's going to be a big problem. He either needs to do it or have somebody else do it, right?
KATHERINE MAGBANUA: That's not -- that's what I'm saying. I don't think he's talking about Sigfredo there.
MS. DUGAN: Okay. when he says that to you, why don't we see you jumping up from the table? why don't we see you raising your voice saying, whoa, whoa, whoa, kill? what are you talking about?
KATHERINE MAGBANUA: Yeah, I would have said something like that. But I didn't even know he's saying about kill. But, obviously, I didn't react that way because it wasn't something that's like --
MS. DUGAN: well, you heard him say, He better kill him or he's going to be a big problem. Either he can do it or have someone else do it. You heard him say that, right?
KATHERINE MAGBANUA: Part of it, yes, ma'am.
MS. DUGAN: Okay. And you didn't jump up and run out of there?
MS. DUGAN: Okay. You didn't raise your voice and start, whoa, whoa, whoa, whoa, I'm not being a part of anything like this, did you?
KATHERINE MAGBANUA: No. But if he's, like, saying scenarios and he's talking about stuff, like, I'm probably not even -- like, it's nothing that, like, made me like, oh, my God, what are you talking about? why are you even talking, period?
MS. DUGAN: Charlie said, So help me God, if they fuck with my family, it's going to be Nazi shit. This will be done. I mean, Katie, I don't care what I have to spend. I swear to God. He's telling you that he needs this guy killed and he doesn't care what he has to spend. That's what he's saying, right?
MS. KAWASS: Objection, speculation.
JUDGE WHEELER: Overruled.
KATHERINE MAGBANUA: I mean, if that's what he's saying. I can't say what he was stating it for.
BY MS. DUGAN:
MS. DUGAN: what did you understand him to mean when he said that?
KATHERINE MAGBANUA: Charlie is always talking about -- you've heard people say that he's always talking about some weird stuff. Like, that's not something that, like -- oh, somebody's messing with his family, I get that. And somebody's trying to blackmail his mom or whatever, but it's not to the point where I was like -- you know, it didn't make me, like, whoa.
MS. DUGAN: I have one question. He said to you, You better kill him or he's going to be a big problem. If he can't do it, have someone else do it. And he didn't care what he had to spend, right?
MS. KAWASS: Objection, asked and answered.
JUDGE WHEELER: That's been asked and answered.
BY MS. DUGAN:
MS. DUGAN: You seem pretty calm when he's saying this to you; wouldn't you agree with that?
KATHERINE MAGBANUA: I don't know how my demeanor was. That's what I'm saying. I wasn't like, whoa, like, I didn't run out and jet out of there.
MS. DUGAN: Had he said that to you before? Like when he wanted his brother-in-law killed?
KATHERINE MAGBANUA: Said what? He's never said --
MS. DUGAN: He wanted someone killed. He didn't care how much he had to spend to do it.
KATHERINE MAGBANUA: No, ma'am. He's never spoken about Professor Markel, or murder, or having anything to do with that. That's why it didn't raise anything to me.
MS. DUGAN: Okay. I'm going to show you one thing. I'm just going to make this screen -- so I -- this is the same clip we've been listening to. And I've been pausing this one. Let's keep listening and see who he was just talking about.
(Audio recording published in open court. Due to the quality of the audio, this reporter could not correctly transcribe the audio being played. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Audio played.)
(Inaudible.)
(Audio stopped.)
BY MS. DUGAN:
MS. DUGAN: So right after he's telling you he needs somebody killed, doesn't care what he has to spend, 30 seconds after that, he's checking in with you about Sigfredo Garcia. He says at 6 minutes and 57 seconds in that clip, He knows I have you on salary, you think he'd be happy to know that?
KATHERINE MAGBANUA: I didn't hear that.
MS. DUGAN: You didn't hear that?
KATHERINE MAGBANUA: About salary or nothing, no.
MS. DUGAN: He says, He doesn't have any bad feelings towards me, does he? Our paths never crossed.
KATHERINE MAGBANUA: That I can assume that maybe he is talking about Sigfredo.
MS. DUGAN: Right. He says, I didn't know the two of you would be working out. He's talking about Sigfredo there?
KATHERINE MAGBANUA: I believe so. Like, with what he's saying at that part, yes.
MS. DUGAN: Right after from what we just talked about, he's saying, this guy needs to be killed. If he can't kill him, find somebody else to do it. He's going to be a big problem. He's fucking with me, he's fucking with his wife, right?
MS. KAWASS: Objection, asked and answered.
JUDGE WHEELER: Overruled.
BY MS. DUGAN:
MS. DUGAN: He's talking about Garcia right after that?
KATHERINE MAGBANUA: I don't know if he's talking about Garcia. He's talking about Garcia now, the part that where you're saying, oh, our paths never crossed or whatever. I can assume he's talking about Sigfredo. But, at that time, I don't think he's talking about kill and all of this and saying it was him. why didn't he just say his name?
MS. DUGAN: You do admit, though, he's talking to you about Garcia right after he's telling you that he needs to have someone killed, and if he can't do it, find someone else who can do it?
MS. KAWASS: Objection, asked and answered.
JUDGE WHEELER: Asked and answered.
BY MS. DUGAN:
MS. DUGAN: All right. So what he's trying to do when he's checking in is, does he have any bad feelings towards me? He said, I have you on salary; do you think he'd be happy about that? He's trying to make sure that Garcia doesn't have a reason not to help you with this, right?
KATHERINE MAGBANUA: I didn't hear anything about the salary and --
MS. DUGAN: He's saying --
KATHERINE MAGBANUA: -- keeping me happy.
MS. DUGAN: There was no overlap in us dating. I keep you on the payroll, right?
KATHERINE MAGBANUA: I'm not going to say yes to that because I don't believe that that's what --
MS. DUGAN: So was he checking with you --
KATHERINE MAGBANUA: -- it's about.
MS. DUGAN: -- in that clip we just heard to see if Garcia had any bad blood against him?
KATHERINE MAGBANUA: Not at that part, no, ma'am.
MS. DUGAN: All right. Next, after he's check -- tells you what he needs done, he's checking with you about Garcia. Then, about 20 seconds later, saying --
(Audio recording published in open court. Due to the quality of the audio, this transcript should not be considered a verbatim transcript. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
AUDIO RECORDING: I don't have to sit here and tell you what I would do. 1I'11 show you what I'd do. See what I'm saying? Like, you know how I am. TI -- I look for things to do. You don't ask me for shit. I'm the one who's like, Hey, Noah's birthdays’ coming up, I got you. You know?
I'm the one who's like, Anything I can -- you know, you don't ask. I'm the one who's like, Hey, I'll sell you the Lexus for a very good price. I know you're having car problems. You know what I'm saying? Like, I'm the one who -- I don't have -- I don't have to tell you. I show you.
So what do you think?
(Audio stopped.)
BY MS. DUGAN:
MS. DUGAN: He says to you, You know it. TI don't have to sit here and tell you what I would do for you. TI show you what I would do for you. You know how I am. TI look for things to do.
JUDGE WHEELER: What's the objection?
MS. KAWASS: It's motions in limine, Judge. Just in terms of Ms. Dugan's interpretation of what is being said.
JUDGE WHEELER: It's going to be up to the jury to decide. That's overruled.
BY MS. DUGAN:
MS. DUGAN: Isn't that what he said?
KATHERINE MAGBANUA: Keep going, ma'am.
MS. DUGAN: He's saying, I look for things to do for you. You don't have to ask me for shit. I'm the one that's like, Hey, someone's birthday is coming up, I got you, right?
KATHERINE MAGBANUA: That's what he's said, yes.
MS. DUGAN: Okay. Just like when he's offering to send you and your mom on a cruise, right?
KATHERINE MAGBANUA: well, he offered it. But, like I told you, I never went on a cruise with my mom.
MS. DUGAN: Paying for the Dominican vacation, right? He looks for things to do for you.
KATHERINE MAGBANUA: Okay.
MS. DUGAN: To keep you happy.
KATHERINE MAGBANUA: I guess.
MS. DUGAN: when you were with Charlie Adelson, you were -- you were sleeping with both Charlie Adelson and Garcia at the same time, right?
KATHERINE MAGBANUA: I mean --
MS. DUGAN: They weren't aware of each other. I mean, they knew of each other. But they didn't know you were with both of them at the same time?
KATHERINE MAGBANUA: Not that I was -- I mean, it might have overlapped, but I don't remember -- I don't remember that.
MS. DUGAN: Okay.
KATHERINE MAGBANUA: I mean, I don't remember if it was at the same time.
MS. DUGAN: Charlie Adelson didn't know that there was any over lap?
KATHERINE MAGBANUA: That he didn't know? TI don't know what he knew.
MS. DUGAN: Okay. well, he told you, we didn't have any overlap.
KATHERINE MAGBANUA: Ooh, from the video?
MS. DUGAN: Right. And you tried to keep them separate. That was something you did when you were with Charlie, right? You tried to keep Garcia separate from him?
KATHERINE MAGBANUA: well, I didn't think they'd like each other.
MS. DUGAN: Right. Garcia was jealous of Charlie?
KATHERINE MAGBANUA: I believe so.
MS. DUGAN: we heard Charlie say he helps you out when it's somebody's birthday. who is he talking about?
KATHERINE MAGBANUA: I have no idea. TI don't know if he's talking about Sigfredo. I know there was a comment about, like, some GoPro or whatever, but --
MS. DUGAN: Isn't Garcia's -- when is Garcia's birthday?
KATHERINE MAGBANUA: The 27th of April.
MS. DUGAN: Of April. Okay. So is he talking about getting Garcia birthday presents?
KATHERINE MAGBANUA: Not to my knowledge. I don't know. I'm assuming maybe that's what he's talking about, but...
MS. DUGAN: why would he get Garcia a birthday present?
KATHERINE MAGBANUA: He always jokes about stupid things like that.
MS. DUGAN: why would he get his ex-girlfriend's boyfriend a birthday present?
KATHERINE MAGBANUA: I wouldn't know. But he made jokes like that before. Just like the GoPro, but he never got him a GoPro camera, whatever it was.
MS. DUGAN: After your discussion about Garcia, when he checks in on Garcia's gang connections, right? See if those are still there.
KATHERINE MAGBANUA: who checks in?
MS. DUGAN: Charlie Adelson.
MS. KAWASS: Objection, facts not in evidence, Judge.
JUDGE WHEELER: Overruled.
KATHERINE MAGBANUA: Garcia's not in a gang.
MS. DUGAN: Let's listen to another minute.
(Audio recording published in open court. Due to the quality of the audio, this transcript should not be considered a verbatim transcript. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
AUDIO RECORDING: (Inaudible) Because I don't think they want to mess with me. He's got a lot of connections. He is like so far removed that --
AUDIO RECORDING: Yeah.
AUDIO RECORDING: Like he is --
AUDIO RECORDING: Yeah.
AUDIO RECORDING: He doesn't have -- because he doesn't have anybody that he can call up unless he still has people. You listen, you giving him some money is not an admission of any kind of guilt.
(Audio stopped.)
MS. DUGAN: Oh. Sorry.
(Audio played.)
AUDIO RECORDING: -- he still has people. You listen, you giving him some money is not an admission of any kind of guilt.
(Audio stopped.)
BY MS. DUGAN:
MS. DUGAN: All right. So when I first started that clip, he says, I don't think they want to mess with his connections. And he says, Is he so far removed -- does he still have people? Does he have anybody that he can call up that's -- right?
KATHERINE MAGBANUA: I didn't even --
MS. DUGAN: You didn't hear that?
KATHERINE MAGBANUA: I'm trying to, like, hear what he's saying and I didn't hear that.
MS. DUGAN: Okay. He then says to you at the end of that clip, Listen, you giving money to somebody is not an admission of any kind of guilt.
KATHERINE MAGBANUA: I heard that part.
MS. DUGAN: Guilt of what?
KATHERINE MAGBANUA: I don't know.
MS. DUGAN: what would you be guilty of?
KATHERINE MAGBANUA: Exactly. I don't know.
MS. DUGAN: well, then why is he saying that to you?
KATHERINE MAGBANUA: I don't know.
MS. DUGAN: what did you understand it to mean?
KATHERINE MAGBANUA: I don't know. I can't interpret what was happening at that time. I don't know what it means.
MS. DUGAN: He was saying that because you were concerned that giving this $5,000 would make you look guilty, right?
KATHERINE MAGBANUA: That it would make me look guilty?
MS. DUGAN: Yeah.
KATHERINE MAGBANUA: If that's your assumption. But I didn't do any of that.
MS. DUGAN: All right. I have two more very quick ones. we're almost done.
MS. KAWASS: Your Honor, I'm just going to object to the State's little subtitle.
JUDGE WHEELER: All right. It's coming on.
MS. KAWASS: I'm going to object to the State using any demonstrative or anything that has their work product or their opinion on it.
JUDGE WHEELER: All right. That's overruled. It was just your identification. It meant nothing to the jury. It came up on the screen.
MS. DUGAN: Oh. I'm sorry.
(Audio recording published in open court. Due to the quality of the audio, this transcript should not be considered a verbatim transcript. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Audio playing.)
AUDIO RECORDING: (Inaudible) was there the next day (inaudible) didn't take any money? It's not like you're driving around in a Bentley, cruising around in a mega yacht. You know?
(Audio stopped.)
BY MS. DUGAN:
MS. DUGAN: All right. He says, Let me ask you a question, when everybody was there the next day, did any of you take any money? It's not like you're driving around in a Bentley, cruising around in a mega yacht. You heard that, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: what did you understand that to mean?
KATHERINE MAGBANUA: I don't know. But now it kind of makes sense with everything that -- you know, like, with other people saying it, about the money. But nobody ever got money. I don't know what --
MS. DUGAN: when he said, when everybody was there the next day, what day is he talking about?
KATHERINE MAGBANUA: I don't know.
MS. DUGAN: Isn't he saying, when everybody, you, Tuto, Tato were together the next day after the murder, when you gave them the money, none of you took it and did anything extravagant, right?
KATHERINE MAGBANUA: It's assuming. That's what it makes it look like to be. I see it now.
MS. DUGAN: He's checking to see, y'all weren't too flashy to this that would draw attention to you, right?
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Objection, mischaracterization of the evidence.
JUDGE WHEELER: Overruled.
In the form of a question next time, Ms. Dugan.
MS. DUGAN: Okay.
BY MS. DUGAN:
MS. DUGAN: Did you ask him what that meant?
KATHERINE MAGBANUA: I don't recall if I did or if I didn't.
MS. DUGAN: Okay. Let's listen to the end of that clip. And then I'll go straight into the very last one.
(Audio recording published in open court. Due to the quality of the audio, this transcript should not be considered a verbatim transcript. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
AUDIO RECORDING: Because otherwise you'd have to (inaudible). Do you know who this is coming from? Inside. Do you know who this is coming from? Inside.
BY MS. DUGAN:
MS. DUGAN: At the end of that conversation in that last clip, he says, You know who this is coming from? The inside. What did you understand that to mean?
KATHERINE MAGBANUA: I didn't understand what he was talking about. He keeps saying it has nothing to do with me. He's giving scenarios, and you're misinterpreting, and I can't remember because that was from 2014.
MS. DUGAN: Did you hear him say, You know who this is coming from, the inside?
KATHERINE MAGBANUA: He's saying that. But he's not saying it -- he's not implying me directly.
MS. DUGAN: What did you understand that to mean?
KATHERINE MAGBANUA: I didn't know.
MS. DUGAN: Okay. So not the inside circle you, him Tato, Tato, Tuto, of who knew how this murder went down.
KATHERINE MAGBANUA: That's what I'm saying, you keep implying these things and that's not -- you're taking it of out of context. And I know that looks bad now with everything we've been hearing but it's obviously, it didn't make me, like, oh, my God. Like I said, I didn't run out of there and think it was a big deal.
MS. DUGAN: He chose you for a reason though, right?
KATHERINE MAGBANUA: Apparently.
MS. DUGAN: You were the person that he chose to take care of this. I mean, I know you're saying you don't know today. But we heard you on the wiretap call. In that call you say, I fuck up bitches for no reason. You say, This guy is going to have a big ass problem. I am the wrong person to -- God forgive him that he said the wrong fucking name. Now this is my business. You said that, right?
KATHERINE MAGBANUA: Yes, ma'am. And that's taken out of context as well.
MS. DUGAN: Well, you were pretty --
KATHERINE MAGBANUA: I was angry by then -- yeah.
MS. DUGAN: I'm sure you were angry. You were pretty tough in those calls though. You were somebody who knows how to take care of things. Somebody who people shouldn't mess with. weren't you?
KATHERINE MAGBANUA: You should have played all the other calls as well. You just, one little call that I was so upset, already we had been -- he's been annoying me with this different scenarios for all the other calls.
MS. DUGAN: Right. Today --
KATHERINE MAGBANUA: And I was --
MS. DUGAN: -- you're pretending not to be that person. You just don't know anything about anything. You didn't ask any questions.
MS. KAWASS: Judge, objection, improper question. She's pretending to be someone today.
JUDGE WHEELER: All right. we'll strike the question.
Ask another question.
BY MS. DUGAN:
MS. DUGAN: Today you're saying you don't know anything and you didn't ask any questions, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. why were you talking in code on the wire?
KATHERINE MAGBANUA: I guess that's what everybody's implying is code. I know I made a comment saying, like, I'm so tired of this code shit or whatever. Because we're around -- I'm either around my coworkers, I'm around my children, I'm around other people, so he's probably around his coworkers.
MS. DUGAN: You told Sigfredo Garcia that Ethan's clothes cost $65.70, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Those are actually the last four digits of the undercover phone number. That was a code, right?
KATHERINE MAGBANUA: I just did not want to say it over the phone, somebody's phone number. Because I was either at work or -- I don't know where I was.
MS. DUGAN: why would giving a phone number cause an issue for somebody at work or one of your kids?
KATHERINE MAGBANUA: He's trying to call some number that they want me to figure out if it's somebody blackmailing their family. why would I say that phone number out loud?
MS. DUGAN: Right. But you're not saying the whole story. You've already told Garcia the story when you're at home. On the phone you're just giving him the number. why couldn't you just say the number?
KATHERINE MAGBANUA: I just said it that way.
MS. DUGAN: You didn't say the number because you were afraid law enforcement might be listening and you knew exactly what it was about, right?
KATHERINE MAGBANUA: why would I think they were listening? TI wouldn't use my phone.
MS. DUGAN: All right. You say that -- you said that you got a burner phone. And you got a burner phone the day after the police went to his job, right?
KATHERINE MAGBANUA: I never got the burner phone. I said Sigfredo got the burner phone after -- before he got arrested.
MS. DUGAN: Didn't you think it was crazy that Garcia wanted you to use a burner phone?
KATHERINE MAGBANUA: They just went -- the Feds just went to go question him. And at the same time -- I didn't even know that they were doing it at the same exact moment that they were banging on my door.
MS. DUGAN: If you had nothing to do with murder, why did Garcia get you a burner phone, not just him?
KATHERINE MAGBANUA: I don't know. He's the one who got it.
MS. DUGAN: Okay.
KATHERINE MAGBANUA: Because he figured that it was somebody banging on the door and I guess that's why he wanted to talk.
MS. DUGAN: But you had had the same phone number your whole life. weren't you curious as to why he wanted you to use a burner phone now?
MS. DUGAN: You didn't ask?
KATHERINE MAGBANUA: No. The Feds just came to his job.
MS. DUGAN: Okay. And after getting the burner phones, you fled your home?
KATHERINE MAGBANUA: I never fled.
MS. DUGAN: You never stayed at your home again?
KATHERINE MAGBANUA: I packed up my stuff a couple of days after, but my family wanted --
MS. DUGAN: You had someone pack up your stuff.
KATHERINE MAGBANUA: No. I packed it. If they had the cameras over there, they would have seen that I went there, I packed my stuff. And I had one of Sigfredo's guy friends to go do the U-Haul for me because I can't lift anything.
MS. DUGAN: You said that you had no idea that this murder of Dan Markel occurred that summer of 2014, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. So he never -- Sigfredo Garcia never -- where did he say that he was going when you took him to the Comfort Rental Car?
KATHERINE MAGBANUA: I never took him.
MS. DUGAN: Okay. It's just a coincidence that of all the places --
KATHERINE MAGBANUA: I never knew his whereabouts or whatever around that time because we weren't even together.
MS. DUGAN: Okay. Just a coincidence then that of all the places you can be in Miami and that he could be in Miami, you're using a cell site that services Comfort Rental at the exact moment that he's renting a car. And you go straight there, time of the rental car, and you go back home?
KATHERINE MAGBANUA: I never took him to go get a rental.
MS. DUGAN: Okay. So that is just a coincidence, you're saying?
KATHERINE MAGBANUA: If that's your opinion, yes, ma'am.
MS. DUGAN: And he was also in that rental car as soon as he got back from that trip to Tallahassee, that was outside of your apartment, right?
KATHERINE MAGBANUA: They had that --
MS. DUGAN: The GPS ping?
KATHERINE MAGBANUA: Yeah, the GPS ping on that parking lot. But that parking lot, other people live there.
MS. DUGAN: Okay. Did you ever see him in the rental car?
KATHERINE MAGBANUA: No, I did not.
MS. DUGAN: Okay. And you went right back to that area later that day?
KATHERINE MAGBANUA: Right back to what area?
MS. DUGAN: To the area of Comfort Rental Car. And you weren't taking the car back with him?
KATHERINE MAGBANUA: No, I did not. I never took him to get a rental.
MS. DUGAN: what about when the Prius was at your house the night before the Tallahassee trip? Did he mention either of those times that he's at your house right before, right after the June trip or right before the July trip, where he was going and what he had been doing?
KATHERINE MAGBANUA: I never even knew that that Prius car was in the parking lot.
MS. DUGAN: Did he just -- did he say that he was about to go to Tallahassee?
KATHERINE MAGBANUA: No. I would have remembered if he said something about Tallahassee. He doesn't know anybody in Tallahassee.
MS. DUGAN: what about during the 15 or 20 times that you communicated with Garcia during the June trip or the July trip, he never mentioned where he was? You never asked him where he was or what he was doing?
KATHERINE MAGBANUA: I never asked him where he was. And he wouldn't tell me if even I was to ask him. He doesn't tell me things.
MS. DUGAN: what about the night of the murder, July 18th, when you're consistent with being at Rivera's house after you go past Yindra Mascaro's residence. Did you go to Luis Rivera's that night?
KATHERINE MAGBANUA: No, ma'am.
MS. DUGAN: where were you?
KATHERINE MAGBANUA: I don't recall where I was on July 18th.
MS. DUGAN: Okay. well, you were talking to Garcia, and then it shows you going up near Rivera's house. And then, after that, your phone is powered off for the night, right? And that's when you go spend the night at Charlie's?
KATHERINE MAGBANUA: I don't know what happened on July 18th. That's what it's saying on the pings or whatever?
MS. DUGAN: well, you told your attorney, when she was asking you questions, you did spend the night with Charlie that night, right?
KATHERINE MAGBANUA: No. I was -- I don't even remember where I was. I don't know if I was up north or whatever. I don't remember that day.
MS. DUGAN: Yindra was taking care of your kids that night, right?
KATHERINE MAGBANUA: well, apparently, yeah. When she had said that she took -- I didn't remember that day until she mentioned that it might have been that night.
MS. DUGAN: Okay. Yindra was taking care of your kids that night then, that's a yes?
KATHERINE MAGBANUA: That's what I'm saying, I don't see her -- my daughter was little at that time. Like, I never leave my daughter overnight. That's why it wouldn't make sense to me. I never leave my daughter, like, overnight at somebody's house.
MS. DUGAN: So Yindra was not telling the truth when she said that?
KATHERINE MAGBANUA: I don't know if she babysat that day. I just don't remember. I don't recall ever leaving my children at night. I was living with my mom at that time. If that was the case, I would have had my mom. The kids would have been more comfortable.
MS. DUGAN: Charlie invited you over, you're going up there, your phone is powered off for the night and you're coming back from that direction that next morning.
KATHERINE MAGBANUA: That's the route that it's showing. But I don't remember what I did that night. There's no text messages?
MS. DUGAN: You stayed with Charlie during that time, though, right?
KATHERINE MAGBANUA: No, I didn't. I don't remember what I was doing.
MS. DUGAN: Okay. what about the next morning, the morning of July 19th, when you and Garcia were at Rivera's place?
KATHERINE MAGBANUA: Me and Garcia were at Rivera's place.
MS. DUGAN: Right.
KATHERINE MAGBANUA: That was the whole situation. There was so many different versions of that story.
MS. DUGAN: Okay. well, in your previous testimony, you were asked what you were doing that day. And you were shown this text -- you were shown this text. And you said that this text means that you were at the pool that day at 11:00 a.m. You said that in your previous testimony, right?
KATHERINE MAGBANUA: I didn't know at what time, but I was at the pool, like, from the text. Like, I was shown the text, and I guess I don't know what the time stamp was at that time.
MS. DUGAN: Okay. This message does not say you were at the pool at 11:00 a.m., right? It says you just got back from the pool at 4:54 p.m.
KATHERINE MAGBANUA: Yeah. But what time did I go to the pool?
MS. DUGAN: You said you probably would go to the pool at 12:18 p.m.
KATHERINE MAGBANUA: Okay.
MS. DUGAN: So you were not at the pool at 11:00 a.m. like you said in your prior testimony?
KATHERINE MAGBANUA: well, when I was shown that, I'm pretty sure it had, like, a time stamp or something on it. I don't know why it said 11:00, a specific time.
MS. KAWASS: Objection, improper impeachment, Judge. That's not what she said in 2019.
MS. DUGAN: Okay. If we could look at page 53 -- 52, lines 23 through 25. And 53, lines 5 through 7.
MR. DECOSTE: I'm sorry. Can you say that again?
MS. DUGAN: 52, 23 through 25. And 53, 5 through 7.
MS. KAWASS: Objection, improper impeachment.
KATHERINE MAGBANUA: That's what it says. I just said that.
JUDGE WHEELER: All right. Hold on a second. Ms. Dugan, you take a look at it first.
BY MS. DUGAN:
MS. DUGAN: You were asked where were you that day. You said you took Ethan to the pool. You were shown that message. You said -- Do you remember what time? And you said, I believe it was 11:00.
MS. KAWASS: That's not correct.
MR. DECOSTE: That's not what it says.
MS. DUGAN: I'm looking at page 53 at the top. You say, I believe it was around 11:00.
MS. KAWASS: I believe it said, around 11:00.
JUDGE WHEELER: All right. That's proper impeachment.
BY MS. DUGAN:
MS. DUGAN: Okay. You were not at the pool though around 11:00 a.m. that day though, were you?
KATHERINE MAGBANUA: For me to have said this day, because I didn't remember what I was doing, and for me to come up with that time, it's because I was shown something.
MS. DUGAN: well, this is --
KATHERINE MAGBANUA: To state that.
MS. DUGAN: These are the messages about you going to pool that day.
KATHERINE MAGBANUA: I see your messages now. But at the time when we did this, I was shown what time I went to the pool. I wouldn't have just come up with an 11:00 o'clock without seeing a text message with the time.
MS. DUGAN: You said in 2019 you were -- you were -- took Ethan to the pool around 11:00 a.m. because that means that you wouldn't be at the money drop around 10:30 a.m --
MR. DECOSTE: Objection, mischaracterization of what she said in 2019.
JUDGE WHEELER: All right. That's sustained.
Ms. Dugan, move on. It's been asked and answered. You need to be mindful of the time, also, because I have to give time for redirect.
MS. DUGAN: I'm almost done.
BY MS. DUGAN:
MS. DUGAN: You call Luis Rivera during the June and July trips, you call his old number, right? That 934 number you had in your phone as Tato?
KATHERINE MAGBANUA: I called the number, but I never spoke to Luis.
MS. DUGAN: When you couldn't get in touch with Garcia, you called that number?
KATHERINE MAGBANUA: I believe so.
MS. DUGAN: And you didn't talk to Garcia because that wasn't his phone at the time, right?
KATHERINE MAGBANUA: what, the 934 number?
MS. DUGAN: Right.
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. You never talked to Luis Rivera on the phone, usually?
KATHERINE MAGBANUA: Not that I recall, no.
MS. DUGAN: Okay. You did talk to him though. You called him those two dates and then you talked to him the day of the money drop, July 19th, right?
KATHERINE MAGBANUA: It said that he had called me.
MS. DUGAN: Right. You called him -- he called you and then you called him back, right?
KATHERINE MAGBANUA: I believe so. If that's what the call log says.
MS. DUGAN: And you spoke to him -- you tried to call him in June and July because you knew that he and Garcia were together in Tallahassee during that time?
KATHERINE MAGBANUA: I didn't know that they were here.
MS. DUGAN: well, then why would you call Luis Rivera?
KATHERINE MAGBANUA: I don't remember why I called him. I called him in June and in July?
MS. DUGAN: Yeah. On the June trip and the July trip.
KATHERINE MAGBANUA: If he was with Garcia, maybe I was trying to get ahold of Garcia.
MS. DUGAN: Those were the only times all summer, though, that you called that number though?
KATHERINE MAGBANUA: I don't recall.
MS. DUGAN: That's what the expert said.
KATHERINE MAGBANUA: I don't recall that. But that's the only time.
MS. DUGAN: If you were always trying to call Rivera whenever you were looking for Garcia, you would have called it more than two times the whole summer, right?
KATHERINE MAGBANUA: I don't recall that.
MS. DUGAN: And then on July 19th, the reason that y'all were talking that day, you and Luis Rivera, was because that was the day you were supposed to deliver money, right?
KATHERINE MAGBANUA: I never delivered any money.
MS. DUGAN: You said the only time that you call him is during this June and July trip to Tallahassee and the day of the money drop that summer, and your phone locations are consistent with being at his house. But those are just all coincidences. You didn't have anything to do with this murder. That's what you're saying?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Okay. Aren't you mad at Garcia and Charlie for doing this and you're innocent and you're having to answer for it?
KATHERINE MAGBANUA: Am I mad at them?
MS. DUGAN: Yeah.
KATHERINE MAGBANUA: Yeah. I've been upset.
MS. DUGAN: If you were mad at Garcia -- I mean, just not long ago, just this month, you said on a recorded call to him, I can't talk to you, I can't touch you, I can't see you, I can't feel you, and you were crying about it.
KATHERINE MAGBANUA: Yeah. He's the father of my kids, I'm going to love him forever.
MS. DUGAN: And this $17,000 cash spike during the six weeks after the murder, being put on the Adelson payroll, even though you didn't collect rent, you made the one appointment, your $4,000 breast augmentation, all of that within the two months of the murder. Those are just all coincidences too. That you didn't have anything to do with this. The money had nothing to do with anything that you did.
KATHERINE MAGBANUA: I've explained everything already.
MS. DUGAN: Okay. All the favors that Charlie did for you after you and him broke up, the trips, nothing with that had anything to do anything with murder. That was just a coincidence too? Just him being nice?
KATHERINE MAGBANUA: I guess so.
MS. DUGAN: Okay. The fact that he called you, out of all of his ex-girlfriends, after his mom just said an ex-girlfriend was mentioned, that's a coincidence too?
KATHERINE MAGBANUA: I guess so.
MS. DUGAN: The fact that your husband committed a murder for your boyfriend, that's also just a coincidence? You didn't have anything to do with it?
KATHERINE MAGBANUA: I didn't have anything to do with it.
MS. DUGAN: I mean, those are some pretty unbelievable coincidences, right?
MS. KAWASS: Objection, improper --
JUDGE WHEELER: That's sustained.
BY MS. DUGAN:
MS. DUGAN: Okay. You either have the worst luck or you did this, right?
MS. KAWASS: Objection, improper question.
JUDGE WHEELER: Sustained.
BY MS. DUGAN:
MS. DUGAN: Garcia would never do anything to help Charlie Adelson, would he?
KATHERINE MAGBANUA: I wouldn't think that. But with everything that's all in the evidence and stuff, I mean, it looks pretty bad.
MS. DUGAN: And you said in 2019 he would never do anything to help him?
KATHERINE MAGBANUA: I did say that. Because I would never think that they would like each other in any way and do favors for each other.
MS. DUGAN: Okay.
KATHERINE MAGBANUA: I see why I'm in the middle. I'm smack in the middle. I see it. That's why I'm fighting for my life.
MS. DUGAN: And so you did say Garcia would never do anything to help Charlie Adelson?
KATHERINE MAGBANUA: In my 2019 testimony, yes, I did mention that.
MS. DUGAN: Right. And in opening your attorney said that there was definitive proof of a link between Garcia and Charlie. What is it?
KATHERINE MAGBANUA: what did my attorney say?
MS. DUGAN: No. What's the link between Garcia and Charlie?
KATHERINE MAGBANUA: That they knew each other or they spoke to each other.
MS. DUGAN: How?
KATHERINE MAGBANUA: I don't know. Apparently, everything's being done behind my back. That's why.
MS. DUGAN: That's all. Thank you.
JUDGE WHEELER: Redirect.
MS. KAWASS: Yes, Judge.
REDIRECT EXAMINATION BY MS. KAWASS:
MS. KAWASS: Ms. Magbanua.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Let's talk about your memory.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Ms. Dugan was not present at Dolce Vita, was she?
KATHERINE MAGBANUA: No, she was not.
MS. KAWASS: Okay. And as much as she's trying to insert her opinion as what is being said, it's just that, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You have ears?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So does the jury?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So they can listen for themselves of what happened at that restaurant?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, I do want to talk about some things that Ms. Dugan purposely left out that we could all hear on that video. Like the time when he said, If they are the cops, I'm happy because I have nothing to hide.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You remember when that was played, Ms. Dugan skipped over that part and went to what she thought she heard afterwards, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And that's because that makes no sense?
KATHERINE MAGBANUA: Of course.
MS. KAWASS: If you are all involved in a homicide together, why is Charles Adelson telling you that if it's the cops, I'm happy? That makes no sense.
KATHERINE MAGBANUA: No sense.
MS. KAWASS: Okay. Because if you were all involved in a homicide and it was the cops, what would happen?
KATHERINE MAGBANUA: He'd get arrested.
MS. KAWASS: And if you were involved, what would happen?
KATHERINE MAGBANUA: I'd get arrested.
MS. KAWASS: All right. Now, she also brought up all of these portions of what Charlie Adelson is supposedly saying. Okay?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: It's clear that half of that entire video is missing.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Let's talk about how that enhancement came to be. You provided testimony back in 2019, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That's before the State was able to create this new audio?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So when you testified in 2015 [sic] and answered questions, you had --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- no idea that they would even be able to create this new audio?
KATHERINE MAGBANUA: Yes, ma'am. That's what I stated, that everything in my testimony is consistent with everything that was on the video that they just enhanced.
MS. KAWASS: Now, let's get to that, about just enhanced, right? You were set for trial in February of 2022?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Valentine's Day you were supposed to go to trial?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And then the State provided us with this magic -- this new enhancement?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And we actually agreed to reset your case?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So that we could all get the enhancement?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Because, as far as we're concerned, it would only contain evidence to exculpate you?
KATHERINE MAGBANUA: Exactly.
MS. KAWASS: If you thought that there would be anything on there that would prove your guilt, you would have gone to trial in February?
KATHERINE MAGBANUA: Exactly.
MS. KAWASS: You wouldn't have even given them an opportunity if you thought anything on that video --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- would have come up against you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And as we sit here and listen to this video, this covert undercover thing that they did, do you hear any direct evidence in there of something to do with a homicide?
KATHERINE MAGBANUA: That's why I stated that I've never heard Dan Markel's name. I never heard homicide. I never heard murder. I never heard Tallahassee. Nothing. And I'm telling you that he is going on and on about different scenarios.
MS. KAWASS: Like one of the clips that she played where he says -- he starts talking about a scenario, like if I go to Orlando and I rob a Burger King. There's no robbery of a Burger King, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Are you here for a robbery of a Burger King?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. But that's one of the scenarios he presented you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He also mentioned about -- something about -- well, Ms. Dugan says he says something about robbing a McDonald's.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. He doesn't say any scenarios about a homicide?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Or a murder?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: It sounds like he is just trying to justify why it is that they would say your name?
KATHERINE MAGBANUA: And for me to make a phone call.
MS. KAWASS: Okay. How many times did he repeat to you it's because they said your name? If you can remember.
KATHERINE MAGBANUA: On this video, I can't recall.
MS. KAWASS: How many times have you had an opportunity to sit down and listen to the video that we just received a couple of months ago?
KATHERINE MAGBANUA: I haven't even seen it in its entirety because they can never get anything to the jail. Can't get that evidence.
MS. KAWASS: was this, maybe, the second time in this trial --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- that you were able to listen to it?
KATHERINE MAGBANUA: Yes, ma'am. This is like the second time. And we still don't know what the first half was. Or this time that I went to the car for ten minutes, like --
MS. KAWASS: They have no record of that, right?
KATHERINE MAGBANUA: That's what I wanted to know, where was the record for that?
MS. KAWASS: There's no video of that?
KATHERINE MAGBANUA: No video.
MS. KAWASS: Okay. And had they been able to enhance the entire audio, not just bits and pieces of what Charlie is saying, we wouldn't have to speculate about what that conversation was, right?
KATHERINE MAGBANUA: Exactly. That's why I didn't want to commit to a certain thing that I'm saying or how I'm interpreting it. Because, clearly, it wasn't big enough for me to be like, oh, my God, why are you talking about this? Or, oh, my God, we've got to call the cops or me run away because you said this. It's like everything was taken out of context. Just like my phone calls. Just like this video and --
MS. KAWASS: And everything that we've all sat down and listening to, every single thing, there is no direct evidence of you being involved in a homicide?
KATHERINE MAGBANUA: No. Because they've had this video forever. I would have been arrested a long time ago.
MS. KAWASS: Let's talk about that. These wiretaps and this Dolce Vita, that was all known to them in May of 2016, right?
KATHERINE MAGBANUA: I believe so. Before Sigfredo was arrested?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: They released your probable cause affidavit, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And said it's because there was no probable cause to arrest you.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So they didn't have probable cause to arrest you until Luis Rivera was arrested, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Obviously, if they had some direct evidence in those wiretaps, they wouldn't need Luis Rivera?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So everything is innuendo and speculation?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You would expect if you are wiretapping people who are involved for over 400 recorded phone calls that there would at least be one thing in there, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: In the Dolce vita video, you can hear that you're talking?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Your voice isn't raised?
MS. KAWASS: You don't sound like you're -- well, we can't hear you at all?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So where Ms. Dugan keeps asking you about things of what it is that you said, we won't know because they can't clarify your voice, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: This case has always been focused on Charles Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: The video was pointed at who?
KATHERINE MAGBANUA: Charles.
MS. KAWASS: whose voice is the only one that was able to be amplified?
KATHERINE MAGBANUA: Charles.
MS. KAWASS: And you're always the person that is left in the dark?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, going over -- I want to go over some of the text messages that Ms. Dugan tried to commit you to try and explain what they meant, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Can you tell me what we talked about, I don't know, four months ago on February 23rd of this year?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Do you even know what day of the week it was on February 23rd of this year?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You were asked questions about text messages over the course of 2013 to 2016?
KATHERINE MAGBANUA: That's why I was getting a little upset, because I can't remember those times. And I know they want me to commit to a certain date, certain times, certain scenarios. And I just -- I want to be able to provide that information and I can't.
MS. KAWASS: Now I'm referring to one of the exhibits that aren't marked that was -- in regards to a text message that was dated 12/11/2015, right? I'm showing you this. This is a snippet of a full-blown conversation, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: The State did not include the entire conversation?
KATHERINE MAGBANUA: That's why I had asked what did the rest say. Because they always take bits and pieces of everything and make it to look like something else. And it looks bad. I get it. I see it. This is my second time around. I see how it makes it look so bad.
MS. KAWASS: You see -- when you see these things in pieces, even though it's you, you're like, this looks bad?
KATHERINE MAGBANUA: It looks bad.
MS. KAWASS: And you understand why Ms. Dugan says, Oh, all these coincidences? You understand that, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But it's because they don't have the whole story.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: we tried to introduce some of the phone call, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And we can't?
KATHERINE MAGBANUA: I don't know why not, but we couldn't.
MS. KAWASS: I'm going to show you another text message that was shown to you about Charlie Adelson offering to buy you a trip for your mother. Okay? Can you read that to the jury, please?
KATHERINE MAGBANUA: The, I'm scared?
MS. KAWASS: No. Right above it.
KATHERINE MAGBANUA: By the way, she's having a major surgery for her spine on January. She has to be out for six months.
MS. KAWASS: what was going on with your mom why she needed surgery?
KATHERINE MAGBANUA: She had -- something was hurting on her spine.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: A back surgery that she needed to do.
MS. KAWASS: Did it have anything to do with her cancer diagnosis later on?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And so Charles knew that you were going through this with your mom?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How close were you to your mom?
KATHERINE MAGBANUA: Very close.
MS. KAWASS: And this he was offering for you and your mom to take a trip?
KATHERINE MAGBANUA: Apparently, yes, ma'am.
MS. KAWASS: And you never took that trip, right?
KATHERINE MAGBANUA: No, ma'am. I couldn't.
MS. KAWASS: You can never take that trip with her?
MS. DUGAN: Objection to relevance.
JUDGE WHEELER: You can answer the question. Overruled.
KATHERINE MAGBANUA: No, I can't. Because my mom passed away while I was jin here.
BY MS. KAWASS:
MS. KAWASS: Okay. And you've always felt that you hold the key to your own freedom, right?
KATHERINE MAGBANUA: They said that themselves, that I hold the key to my own freedom.
MS. DUGAN: Objection to motion in limine.
JUDGE WHEELER: That's sustained. Please disregard that statement.
MS. KAWASS: It goes to her state of mind.
JUDGE WHEELER: Your objection's overruled.
MS. KAWASS: Okay.
BY MS. KAWASS:
MS. KAWASS: Now I want to show you some other text messages that's already been introduced into evidence. I'm showing you what's been marked as Defense Exhibit 33.
Okay. Do you see the date of this text message?
KATHERINE MAGBANUA: 3/12/2014.
MS. KAWASS: Okay. And this would be the morning after you had dinner at Yardbird, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Can you read that text for the jury?
KATHERINE MAGBANUA: I guess. I don't know. He called me and said, Have a nice dinner and to never call him again. I'm like, wTF.
MS. KAWASS: And you're talking about Sigfredo here, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: These text messages come from Charlie's iCloud?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: we don't have your text messages from back there?
KATHERINE MAGBANUA: I don't know why we don't.
MS. KAWASS: But that indicates that someone was watching you have dinner, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And he said and it sounds like he's mad?
MS. DUGAN: Objection to leading.
JUDGE WHEELER: That's sustained.
BY MS. KAWASS:
MS. KAWASS: Does it sound like he's mad?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Also, too, kind of strange, don't you think, that Charles would be asking you about Tuto the next day?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: To see if maybe he's told you about their meeting the night before?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, let's look at Defense Exhibit 29. Can you read that for the jury, please?
KATHERINE MAGBANUA: I'm letting go of the night job. I'm not going in this weekend. They're behind on paying me and shit and it's a lot of work. Like, we shouldn't have to clean up after that. what I tip out the busboys for and they suck.
MS. KAWASS: This is evidence of you working at a nightclub?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Objection. Can we ask for a date on that?
MS. KAWASS: Sure. April 30th of 2015. And this is in evidence.
BY MS. KAWASS:
MS. KAWASS: I'm also going to show you what's also been put into evidence, which is Defense 5, from November 6, 2014. what does that say?
KATHERINE MAGBANUA: Put that you work in the office, not at home.
MS. KAWASS: Okay. All of these little statements that come from the icloud, all of these are just little pieces of evidence that prove that you were working for him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And there was a text message also about you paying for the Lexus?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: There's also paperwork to support that you're paying for the Lexus?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But this is not a response that they want to hear from you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. It's only about their truth?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Not the real truth.
KATHERINE MAGBANUA: Or what they have.
MS. KAWASS: Now, I want to -- she asked you about Charlie, that there being evidence that Charlie called in prescriptions for you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did Charlie treat your son? Or his father did, dentally, if that's a word.
KATHERINE MAGBANUA: I don't quite remember. He might have.
MS. KAWASS: But you got services from them, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: I believe one time they even -- they're bringing up something about you pulling your wisdom teeth?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You need a prescription after that, don't you?
KATHERINE MAGBANUA: Yes, ma'am. Yeah. Oh, no. It wasn't for any type of weird prescriptions. It was for the pain.
MS. KAWASS: I'm assuming it's Vicodin.
KATHERINE MAGBANUA: I don't even remember what it was for. Yeah, from, like, an extraction.
MS. KAWASS: Now, the State tried to discuss with you about that money spike?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And she wants you to pinpoint where that money came from?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you remember where that money came from?
KATHERINE MAGBANUA: No, I didn't. I didn't even know that it was spiked up like that on that exact month. And from their chart --
MS. KAWASS: You could easily look at this jury and say it was on that date, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: I'm saying you could do that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. If you wanted to make the evidence look better for you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But that's not what you've done?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Even though you keep saying, I don't remember -- you've said I don't remember a lot.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Let's talk to the jury why it is so difficult for you to remember what happened in 2014. why do you think it's so difficult for you to remember things?
KATHERINE MAGBANUA: Besides the fact that it was eight years ago, I've been incarcerated for six years. And I had COVID twice. And I can barely remember anything.
MS. KAWASS: Okay. And then you were able to recollect certain specifics once these text messages were shown to you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And it's because it jogs your memory?
KATHERINE MAGBANUA: Yes, ma'am. And it's right there. Even that I'm scared because who created those?
MS. KAWASS: Now, the State is saying that it would be weird for Garcia and Charlie to be speaking, as far as you knew, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. wouldn't it be more weird if Charles Adelson asked his girlfriend to ask the father of her kid, who hated him, to commit a murder for him?
KATHERINE MAGBANUA: That would be extremely weird.
MS. KAWASS: Okay. The person who doesn't tolerate cocaine use is going to be okay with a murder, right?
KATHERINE MAGBANUA: Exactly.
MS. KAWASS: Now, if law enforcement -- if you were even worried that you did anything wrong, okay, and that it could possibly be law enforcement monitoring what you were doing, what would you or any other reasonable person do?
KATHERINE MAGBANUA: Apparently, everybody had a burner. Like, I'm learning it every single time. Or don't speak on the phone.
MS. KAWASS: If you were involved in this homicide and Charles Adelson came to you and said, Listen, some dude from up north went and mentioned your name and Tuto's name to my mom, what's up?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: And you were involved in that, would you have freaked out?
KATHERINE MAGBANUA: Of course.
MS. KAWASS: would you have agreed to call someone who could have potentially been the FBI?
MS. KAWASS: You would have if you were involved?
KATHERINE MAGBANUA: Oh. No. No. NO. No. No. No. I miss -- I took that --
MS. KAWASS: If you were involved, you would probably say, Don't ask me to do that.
KATHERINE MAGBANUA: Exactly.
MS. KAWASS: You do that.
KATHERINE MAGBANUA: He kept pushing for me to do it. That's the part that I don't quite understand. He kept telling me, kept telling me.
MS. KAWASS: And he kept saying to you it's because they said your name?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He also says to you, because they brought this out, Go in there and say that this is charity and give them the money.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is that because if he says if they take the money, then it's not the cops?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He also insinuates that, Hey, we're helping out the cops by finding out who the person is, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He even mentions in there that when we kind of bring him out --
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: -- we'll then call the FBI?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He was trying to convince you that he had nothing nefarious going on?
KATHERINE MAGBANUA: Exactly.
MS. KAWASS: And he just kept repeating himself over and over again?
KATHERINE MAGBANUA: And over. That's why I wish they heard the other -- however many other calls.
MS. KAWASS: Or if there was an actual full recording of what was happening at that table?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Ms. Dugan keeps saying that you didn't say this or didn't say that or your voice didn't get loud. If you were involved, your voice probably would have gotten louder, right?
KATHERINE MAGBANUA: I mean, I would probably be pissed off and reacting a completely different way.
MS. KAWASS: Because you'd be suspecting that, oh, my God, I'm about to go down for a murder?
KATHERINE MAGBANUA: Exactly.
MS. KAWASS: And I have two kids?
KATHERINE MAGBANUA: Exactly.
MS. KAWASS: You wouldn't sit there and let him talk his mouth off, right? Or continue to use the phone?
KATHERINE MAGBANUA: Right. Exactly. why use the phone? why meet up? why be in a public place, I mean --
MS. KAWASS: Can you pinpoint to -- all of the recordings that you listen to, okay, is there ever a time where there is something about anyone -- you talking about being worried about getting called by the police?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You are actually -- explain to the jury why you got so angry on that phone call?
KATHERINE MAGBANUA: On the one that I was --
MS. KAWASS: Yelling at Charlie to stop aggravating you and to do something about this?
KATHERINE MAGBANUA: Because it was just so many phone calls after phone calls that he’s been talking about the same thing over, and over, and over. Different scenarios, do this, do that, whatever. And I'm like, You call it. You call the number.
MS. KAWASS: And is that part of what annoyed you, is that he was pressure -- like, you call, you call?
KATHERINE MAGBANUA: Yeah. Because they kept saying my name. That's the only reason, because they kept saying my name.
MS. KAWASS: And every time you start saying, I'm going to call the FBI myself, because if anyone's messing with me -- because they said your name.
KATHERINE MAGBANUA: I hear that now and I hear it from the phone call that he was trying to calm me back down.
MS. KAWASS: Immediately as you suggest that you're going to call the FBI, what does he say? Katie, listen, you have to --
KATHERINE MAGBANUA: Yeah, all of a sudden it's -- yeah.
MS. KAWASS: The other things about them talking about, Oh -- you hear them saying, Oh, they can't put you in a car and if -- that segment is in relation to his scenario talking about a robbery, right?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: Like he's explaining to you probably why, Hey, listen, the FBI might be suspecting us of something, but don't worry, we're not involved in anything.
KATHERINE MAGBANUA: That's why I was getting kind of confused and, like, how she was saying, like, what was being said. Because I could barely hear it and I could barely understand it. And, like I said, I don't want to commit. I know how it is with this whole thing committing to certain things and then they go back and they make it look bad. It already looks bad. And I don't even know, like, which clips. I don't know if it's consistently happening like that and that's what happened right after, because we were seeing different clips of the video.
MS. KAWASS: And you trust that the jury can listen for themself --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- the entire video in its entirety?
KATHERINE MAGBANUA: Yes, ma'am. That's why we waited for this video to come out, so that my jury will be able to see this.
MS. KAWASS: And we were hoping we could hear you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But, coincidentally, we can't?
KATHERINE MAGBANUA: I don't know why. I never moved from the table. I was in the same exact spot.
MS. KAWASS: And we just can't hear you?
KATHERINE MAGBANUA: (Shakes head.)
MS. KAWASS: Now, the State also brought up the fact that Charlie does favors for you and pays for things for you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Your Honor, may I approach the clerk to mark this as a composite?
JUDGE WHEELER: You may. Yes.
MS. KAWASS: Your Honor, may I approach?
JUDGE WHEELER: You may.
BY MS. KAWASS:
MS. KAWASS: Ms. Magbanua, I'm showing you what's been premarked as Defense Exhibit 39. Do you recognize what this is?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Do you see your name there?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And do you see Charles Adelson's name there?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Does this look like a fair and accurate representation of a segment of his iCloud account?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: The cellebrite printout?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Your Honor, at this time I'd move into evidence what's been premarked as Defense Exhibit 39.
JUDGE WHEELER: Any objection?
MS. DUGAN: No objection.
JUDGE WHEELER: Will be admitted as Defense 39.
(Defense Exhibit No. 39 received in evidence.)
MS. KAWASS: Thank you, Judge. May I publish?
JUDGE WHEELER: Yes.
BY MS. KAWASS:
MS. KAWASS: And this is from February 2, 2014. You say, By the way, I need a favor. Whenever you get a chance, I need to borrow from you.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Charles Adelson's response, No problem, I'1l1 call you tonight. Thank you. You know I'll pay you back.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: No worries. I know you're good for it. It's nota situation where Charles Adelson would just shower you with gifts and money?
MS. KAWASS: He'd help you out sometimes?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you'd pay him back?
MS. KAWASS: You weren't driving around in fancy expensive cars, right?
KATHERINE MAGBANUA: No. Actually, that Lexus that I bought from him always broke down. That's why he was helping me with Sully, because of the fact that I bought that and then it just breaks down every time anyways, so I was getting frustrated with the car.
MS. KAWASS: He didn't pay your rent?
KATHERINE MAGBANUA: Did not pay my rent.
MS. KAWASS: He didn't pay your kids’ tuition?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: He didn't buy you fancy bags like how June has and fancy shoes?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay.
MS. KAWASS: Okay. Judge, I'm going to just take -- they're two separate exhibits. Let me show it to the State. I'm going to go ahead and give them to Tracy so she can mark them.
JUDGE WHEELER: Okay.
MS. KAWASS: And then I'll ask a few questions so that when I do this, I can end for the day.
JUDGE WHEELER: All right.
BY MS. KAWASS:
MS. KAWASS: Now, you had mentioned previously, and Ms. Dugan brought it out, that there were times that you were speaking in code on the phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. You can hear it, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, back in 2019 when you were under oath and you were asked about this, you admitted that you were talking in code, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you said to the State exactly why it is that you were speaking that way.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Does Charles Adelson, whenever he talked, for example, about marijuana, how does he refer to it on the calls?
KATHERINE MAGBANUA: In code.
MS. KAWASS: The bonsai trees?
KATHERINE MAGBANUA: Yeah, the bonsai tree, yes.
MS. KAWASS: So it wasn't unusual to you --
MS. KAWASS: -- that he was kind of behaving that way?
KATHERINE MAGBANUA: And that's the thing, when he starts talking, it's like you kind of, like, pick up, like, kind of how his, you know, his way of talking, his little lingo. And then it's like you're talking kind of, like, back like him. But you're not really. It's not like because you're doing a code or you're coming up with this elaborate scheme of how to talk on the phone. wouldn't talk on the phone to begin with.
MS. KAWASS: Since the date of your arrest, have you heard a peep from Charles Adelson?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Has he done anything to help you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Have you even spoken to him?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: And you've known from the date of your arrest who the State wanted?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. They made it very clear?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you know they wanted you to --
MS. DUGAN: Objection, motion in limine.
MS. KAWASS: The next question is: Do you know they wanted you to cooperate?
JUDGE WHEELER: All right. You can ask that.
BY MS. KAWASS:
MS. KAWASS: You know they wanted you to cooperate?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And it would be as easy as you could have pled guilty and just given them what they wanted, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But that wouldn't be what?
KATHERINE MAGBANUA: Truthful.
MS. KAWASS: You'd have to lie about your involvement.
KATHERINE MAGBANUA: Exactly. Or whatever they wanted me to say.
MS. KAWASS: Okay. And you've tried to explain yourself to the government over and over again?
KATHERINE MAGBANUA: Plenty of times.
MS. KAWASS: Okay. And your story has never changed since day one?
KATHERINE MAGBANUA: Never changed.
MS. KAWASS: Not like Luis Rivera's?
KATHERINE MAGBANUA: Definitely not like Luis.
MS. KAWASS: Okay. And you know that this is a very tough time for you right now, sitting here having to answer all of these questions about your personal life, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And there's a camera behind us?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So you've had to go through this before?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And had all of your personal business all over everywhere, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: It's not easy?
MS. KAWASS: And you still elected to get up and do it again today?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: why?
KATHERINE MAGBANUA: Because I want them to know the truth. It has to come out from me. All this speculation and all of this evidence, and how everything's been -- I've been living this for six years. And I just -- if I didn't come up here and I didn't talk to my jury, I don't even know -- I don't know what the outcome would be.
MS. KAWASS: And, Your Honor, that would have been my final question but if I could just introduce these?
MS. DUGAN: I have no objection to those.
JUDGE WHEELER: All right. So that's 40 and 41.
MS. KAWASS: 40 and 41.
JUDGE WHEELER: All right. They'll be admitted.
MS. KAWASS: Thank you, Judge.
(Defense Exhibits Nos. 40, 41 received in evidence.)
BY MS. KAWASS:
MS. KAWASS: So just so the jury can see. This is a text message from Charles Adelson, I've decided to stop lending money to anybody that is not a medical emergency. It just adds a lot of stress to my life and almost nobody gives an F. And that's in October 28th of 2015. Charles Adelson, apparently, lends a lot of people money, right?
KATHERINE MAGBANUA: (Nods.)
MS. KAWASS: And then this one, you talk about one of the times the car broke down, 11/18/2014. Oh, my God, I have a bad news. FML. I have to take it back tomorrow but the parts alone is expensive for both, so I need a loan, buddy. what? Imagine if I took it to another mechanic. I just texted Sully my CC, which would be credit card.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. I'm taking care of Katie's car. Thanks, bud. Are you sure it's going to be like a grand or so, bro? Now, this is between Charles Adelson and Sully, right?
KATHERINE MAGBANUA: Okay. Yes, ma'am.
MS. KAWASS: This is Charles Adelson going behind your back to try and pay for the car?
KATHERINE MAGBANUA: And pay for it right.
MS. KAWASS: Is that because he knows that you are not somebody that just takes all these handouts?
KATHERINE MAGBANUA: No, I don't. I don't like to owe anybody anything.
MS. KAWASS: No further questions, Your Honor.
JUDGE WHEELER: All right. Ms. Magbanua, you may step down and go back to the table.
Is the defense calling any other witnesses?