7.Katherine Magbanua — Direct/Cross/Redirect
1,813 linesMS. KAWASS: She will be, Your Honor.
JUDGE WHEELER: She will be testifying. Okay. All right. So I'm going to ask her a few questions. And so, Mr. DeCoste, would you mind putting the microphone -- bringing that up to Ms. Magbanua?
All right. Ms. Magbanua, I'm going to ask you some questions. Okay?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: Do you understand that you have the right to testify, but you also have the right not to testify? Do you understand that?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: And you can discuss this with anyone. You can discuss it with friends or family members or your attorneys. But, ultimately, it is your decision as to whether or not you want to testify. Do you understand that?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: Now, you have an absolute right not to testify. You've heard me already instruct the jury that you have that right. And if you choose not to testify, then in the closing instructions I will again instruct the jury that you have the absolute right not to testify, and that they cannot hold that against you or consider that in their deliberations. Do you understand that?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: All right. Now, you do also have the right to testify. And if you choose to testify, then I will instruct them that they will consider your testimony just as any other witness. Do you understand?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: So have you made the decision as to whether or not you want to testify?
KATHERINE MAGBANUA: Yes, I'll be testifying today.
JUDGE WHEELER: All right. So you have the decision. Is anybody forcing you to testify?
KATHERINE MAGBANUA: NO, Your Honor.
JUDGE WHEELER: Is this by your own free will?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: All right. And so at the appropriate time -- are you certain of this decision?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: Okay. So at the appropriate time, when we return, your counsel will call you as a witness. And you'll come to the witness stand and be subject to examination and cross-examination by the State. Okay?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: All right. Thank you.
Okay. So that's how we'll proceed this afternoon. And I anticipate it will take a good bit of the afternoon. And so -- but I expect that it will conclude today. Okay? So we'll be mindful -- we were going to be mindful of the time today, in regards to the jurors, because of obligations. So Ms. Magbanua will testify this afternoon. And we'll complete that by five o'clock.
Now, so what we will do then, for scheduling purposes, is that tomorrow morning we will go -- if there's not -- I'll ask for any rebuttal witnesses after Ms. Magbanua testifies. Do you anticipate any at this point?
MS. CAPPLEMAN: No, Your Honor.
JUDGE WHEELER: Okay. So defense will rest, I will ask for any rebuttal witnesses. And if there are none, then I will excuse the jury for the day. If we need to go over jury instructions, but I expect everybody has taken a look at them. Okay. I don't think that there's anything earth shattering there. I think we can get through those pretty quickly.
And so then tomorrow morning I will read jury instructions and then we'll get right to closing arguments. And then those will be completed by lunchtime. I'11l have lunch ready and available for the jury. And they'll begin their deliberations at that time. That is the schedule moving forward. Everybody have a good understanding of that?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: Okay. All right.
MS. KAWASS: Yes, Your Honor.
JUDGE WHEELER: Okay. That's how we'll proceed. So you'll have some time here, until one o'clock. Let's be prompt in the courtroom at one o'clock to continue with the testimony. Okay?
All right. In regards to these exhibits, were there any objection to those?
MS. CAPPLEMAN: It's hearsay, Your Honor.
JUDGE WHEELER: All right. And you're saying that they're not for the truth of the matter asserted?
MR. DECOSTE: Correct, Your Honor. If Your Honor wants to take it for lunch and I can articulate when we come back, as to why these are being brought in. whatever works for the Court.
JUDGE WHEELER: I'd rather do it -- let me take a look at them. Just about need a magnifying glass for these.
MR. DECOSTE: I apologize, Your Honor, the first two are quite small. what you have in the first message is wendi Adelson and Charles Adelson talking about where they're having dinner.
In the second one you have a text message from Katherine Magbanua to Charles Adelson about the fact that Sigfredo Garcia is upset. We're not trying to prove that there was a dinner on March 1lith. we're not trying to prove that Sigfredo Garcia was upset. what we're trying to prove is that he was aware of the relationship, that he's upset about the relationship. But, more importantly, that he knows where they are and that he has the potential of access to Charles Adelson.
The next set of ones is something that the government already has and it's, Did Tuto have -- I think that I have this order right. Did Tuto call your phone? Now, the government entered in, if I'm not mistaken, an exhibit. That is ours. There's actually one slide that's not in there.
But that one -- we're not trying to prove that Tuto called the phone. we're not trying to prove that -- that it was deep sea fishing. There was a lot of testimony about this, about the fact that it was a joke or not. what we're trying to show is that there is the potential access between Sigfredo Garcia and Charles Adelson.
I don't know what the next one is. If Your Honor gives me the reference -- ah, yeah. So that's the goodbye tour. we're not trying to prove that there was a trip to Key West. we're not trying to prove that it was actually the goodbye tour. what we are trying to establish is the fact that Charles Adelson, around the time of when these trips are happening, has made the decision that he is no longer going to be dating Katherine Magbanua.
And then I think the next one is in August where Katherine is upset. we're not trying to prove that Katherine was upset, but instead that Charles Adelson was pushing her out of his life. There may be another one in between the two.
JUDGE WHEELER: There's other ones between the defendant and Mr. Adelson, again, in regards to Mr. Garcia. Then there's the ones in regards to, Are you going to the beach or the pool?
MR. DECOSTE: we had a lot -- and so that's the morning of the alleged money drop, 7/19/2014. we're not trying to prove that she actually went to the pool with her kids. What we're trying to show and illustrate from those messages -- and there has been testimony about it. I think Sergeant Corbitt was asked by the government specifically about it. What we're trying to show is that there aren't any communications about a murder. Because the government has this theory that the cell phones were used to communicate about the murder.
JUDGE WHEELER: All right. I'll allow them to be admitted. This will be what? This is going to be a composite exhibit?
MR. DECOSTE: I would have them as seven separate exhibits, or whatever the Court -- I think it’s easier --
JUDGE WHEELER: Let's get them marked and numbered, please. And then -- they're seven different exhibits?
MR. DECOSTE: Yes, Your Honor.
JUDGE WHEELER: Okay. So it would be 32 through 39. All right. So they're not for the truth of the matter asserted, although they are hearsay, I'll allow them to be admitted. And so Defense Exhibits 32 through 39 will be admitted.
(Defense Exhibit Nos. 32-39 received in evidence.)
MR. DECOSTE: And that's all, Your Honor. we're going to confirm over lunch in a few minutes, just to make sure all of our stuff is in. But I believe it is.
JUDGE WHEELER: All right. So this afternoon we have the testimony. And then, if we need to have any discussions about jury instructions after that, we're going to do that after that. Because the jury is going to be excused and we'll make sure everything's ready to go for tomorrow morning.
Okay. we'll be in recess until one o'clock.
MR. DECOSTE: I'm sorry to hold up, Your Honor. will we be able to get any sort of extra access to Ms. Magbanua during this break? Even if it's for, you know, 10 or 15 minutes.
JUDGE WHEELER: She'll be in here 30 minutes beforehand. So 12:30 she will be in the courtroom.
MR. DECOSTE: Thank you. Thank you so much, Your Honor.
JUDGE WHEELER: All right. we'll be in recess until one.
(A lunch recess was had.)
JUDGE WHEELER: All right. Anything from counsel before we bring the jury in? TI'11 go to the State first, Ms. Cappleman?
MS. CAPPLEMAN: No, Your Honor.
JUDGE WHEELER: Anything from the defense?
MS. KAWASS: No, Your Honor.
JUDGE WHEELER: Okay. All right. Let's bring the jury in, please.
(Jury enters.)
JUDGE WHEELER: Okay. Please be seated. And we're ready to continue with the testimony. The defense may call its next witness.
MS. KAWASS: Your Honor, at this time the defense calls Katherine Magbanua.
JUDGE WHEELER: All right. Ms. Magbanua, if you'd please come up and take the stand. Before you have a seat, we're going to swear you in. Please raise your right hand, respond to the clerk.
whereupon, KATHERINE MAGBANUA, was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE WHEELER: Please have a seat. And scoot up next to that microphone. Okay?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE WHEELER: You may proceed.
DIRECT EXAMINATION BY MS. KAWASS:
MS. KAWASS: Good afternoon, Ms. Magbanua.
KATHERINE MAGBANUA: Good afternoon.
MS. KAWASS: Okay. Can you please introduce yourself to the jury and spell your name for the court reporter?
KATHERINE MAGBANUA: My name is Katherine Magbanua, K-A-T-H-E-R-I-N-E, M-A-G-B-A-N-U-A.
MS. KAWASS: Okay. So before we get started, I just want to ask you how you're feeling?
KATHERINE MAGBANUA: I'm freaking out.
MS. KAWASS: Okay. Are you a little nervous?
MS. KAWASS: All eyes on you?
MS. KAWASS: A lot of eyes you've never seen before?
KATHERINE MAGBANUA: A lot of eyes I haven't seen.
MS. KAWASS: Okay. All right. So if I ask you a question and it's confusing, stop me.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And I want to make sure that everything we get out is clear for the jury. All right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now, we're going to be talking about a lot of stuff.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: we're going to go back in time almost ten years.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Because you know that this has a lot to do with your relationship with Sigfredo Garcia, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And also your relationship with Charles Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So, now, you understand the oath that you took just now?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And what was that oath?
KATHERINE MAGBANUA: To tell the truth.
MS. KAWASS: Okay. You understand what the punishment for lying under oath is, correct?
KATHERINE MAGBANUA: Perjury.
MS. KAWASS: Yes.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Very good. Okay. Now, you also understand, because we've talked about it numerous times, you do not have to testify today?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You have a constitutional right not to testify.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And are you doing this voluntarily and freely?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did anyone force you to testify?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. So let's start at the very beginning. All right. Okay. when is the first time you ever laid eyes on Charles Adelson?
KATHERINE MAGBANUA: I was working down in South Beach at a dental office, and he's one of our specialists, a periodontist. So he came into our office.
MS. KAWASS: Now, which office was this that you were working at at the time?
KATHERINE MAGBANUA: It's at SoFi Dental. It's South of Fifth, I think.
MS. KAWASS: That's what SoFi stands for, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And is it on South Beach?
KATHERINE MAGBANUA: It's on South Beach, yes.
MS. KAWASS: And where were you living at the time?
KATHERINE MAGBANUA: At that time I believe I was living in Treasure Island. That's in North Bay Village.
MS. KAWASS: Now, what did you do -- what was your duties working at SoFi Dental?
KATHERINE MAGBANUA: I worked front desk. So I did a lot of, like, clerical work, answered the phone, set up appointments, insurance verification.
MS. KAWASS: Okay. And was Charles someone -- he didn't actually work there, like you said, he would just come in and perform his specialty?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: what was his specialty, if you know?
KATHERINE MAGBANUA: He was a periodontist. So he travels up and down from, I guess, Miami to Broward County, probably west Palm.
MS. KAWASS: Could possibly go all the way up to West Palm Beach?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And do you remember when exactly you met him in 2013? And I know it's a long time ago, but if you can try to narrow it down as much as you can?
KATHERINE MAGBANUA: Probably towards the end of the year.
MS. KAWASS: Okay. Towards the end?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And I'm not pigeon holing you into a specific date.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: If you don't remember, you let the jury know.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Now, at the time that you met him, had you broken up with Sigfredo Garcia?
KATHERINE MAGBANUA: Yes. We were separated already.
MS. KAWASS: Now, I want you to explain to the jury about Sigfredo Garcia. Okay. when did you first meet him?
KATHERINE MAGBANUA: I met him probably right after I graduated high school. He's just, like, through mutual friends. And he was trying to get with me, so...
MS. KAWASS: Were you a teenager at the time?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did he go to the same high school you went to?
KATHERINE MAGBANUA: No, he didn't. I went to Beach High, Miami Beach Senior High. And he's older than me, so -- he's like two years older than me so we weren't in high school together.
MS. KAWASS: All right. So it's because you had mutual friends how your worlds collided?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And, like you said, how old were you, about 18, 19?
KATHERINE MAGBANUA: Yeah, 18.
MS. KAWASS: Now, did you guys start dating?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now, at some point did you end up going away for college?
KATHERINE MAGBANUA: Yes. I got accepted to a couple of colleges, actually. And then I picked University of Central Florida so I'll have a chance to be out of the house.
MS. KAWASS: Where were you living when you were graduating from high school? who were you living with?
KATHERINE MAGBANUA: when I graduated from high school?
MS. KAWASS: when you first met Sigfredo.
KATHERINE MAGBANUA: I moved up to Orlando where UCF was -- is. And I was living in an apartment.
MS. KAWASS: And before you moved to UCF, when you guys were just dating, were you still living with your family at that time?
KATHERINE MAGBANUA: Yes, with my parents.
MS. KAWASS: Okay. So mom, was your brother and stuff, and everybody in the house?
KATHERINE MAGBANUA: I believe I was the last one. I have two older brothers. So, yeah, I think they were already gone to college or finished college.
MS. KAWASS: At that time. Okay.
KATHERINE MAGBANUA: Just with my mom and my dad.
MS. KAWASS: Okay. And your mom, what does she do for a living? Or what did she do for a living?
KATHERINE MAGBANUA: She's a nurse -- she was a nurse.
MS. KAWASS: And she worked her entire career as a nurse, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, going to UFC?
MS. KAWASS: Thank you. Okay, UCF. what did you study at UCF?
KATHERINE MAGBANUA: I got my Bachelor's in Health Services Administration.
MS. KAWASS: And what did Sigfredo do when you moved to Orlando?
KATHERINE MAGBANUA: I believe he was in construction at that time.
MS. KAWASS: Did he move to Orlando with you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. How were things when you guys were living in Orlando?
KATHERINE MAGBANUA: It was great.
MS. KAWASS: Okay. And why do you say it was great?
KATHERINE MAGBANUA: I mean, it's the first time we lived together. And it was my first time being out of the house, so it was just -- it was good.
MS. KAWASS: was he giving you any problems at that time, in terms of infidelity or drug use?
KATHERINE MAGBANUA: No. We didn't know anybody in Orlando.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: So was he a stay-at-home, working?
KATHERINE MAGBANUA: Oh, he was working, like, almost two to three jobs. Because I ended up getting pregnant, so, he was -- yeah, he was working three jobs at that time.
MS. KAWASS: So while you were in college, you got pregnant with your first child?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Your son?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did you have your son in Orlando?
KATHERINE MAGBANUA: Yes, I did.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: In winter Park Hospital.
MS. KAWASS: Okay. And were you able to complete your bachelor's degree?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. what did you do after you completed your bachelor's degree?
KATHERINE MAGBANUA: I stayed in Orlando for a little bit. But then, eventually, I ended up moving down south because I wanted to work in a hospital --
MS. KAWASS: Okay. when you say --
KATHERINE MAGBANUA: And I needed a babysitter.
MS. KAWASS: when you say “down south" you mean --
KATHERINE MAGBANUA: To Miami.
MS. KAWASS: -- to Miami?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And when you say you needed a babysitter, who would have been the prime person to be a babysitter?
KATHERINE MAGBANUA: Sigfredo's mom or my mom.
MS. KAWASS: All right. So it takes a village, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: when did you get pregnant with Caylee, your daughter?
KATHERINE MAGBANUA: I got pregnant with her around 2012, yeah.
MS. KAWASS: 2012. when is her birthday?
KATHERINE MAGBANUA: May 30th.
MS. KAWASS: Did you have her May 30th of 2012?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So we're going to use that as another big, you know, point for you to --
KATHERINE MAGBANUA: Okay.
MS. KAWASS: -- go back in time. Because you can remember things around important dates.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Did you ever get married to Sigfredo?
KATHERINE MAGBANUA: No, I didn't.
MS. KAWASS: But you do refer to him as your husband, right?
KATHERINE MAGBANUA: Yes, ma'am. I've been with him for so long, yeah.
MS. KAWASS: would he refer to you as his wife?
KATHERINE MAGBANUA: Yeah, I believe so.
MS. KAWASS: And even though you're not legally married, in your mind you consider yourselves married?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: At that time?
MS. KAWASS: Now, you come back to Miami. Do you remember how old you were at that time?
KATHERINE MAGBANUA: I was probably 19. No. I don't really even remember. I must have been like 19, 20 -- no, I graduated -- I had my son. I was probably 22, 23.
MS. KAWASS: How old were you when you had your daughter?
KATHERINE MAGBANUA: I believe like 26, 27.
MS. KAWASS: Okay. So we'll just -- you were in your 20s at this time when you come back?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And when you come back from Orlando, you're still in a relationship with Sigfredo, right?
MS. KAWASS: Did things start to change when you returned to Miami?
KATHERINE MAGBANUA: we were around, like, you know, our friends. And we -- you Know, we had a little bit more of a chance to kind of hang out. So not right when we moved. It was still -- we still had a good relationship.
MS. KAWASS: Now, how was Sigfredo with your family? was he close with your mom?
KATHERINE MAGBANUA: Yes, he was.
MS. KAWASS: Close with your brothers?
MS. KAWASS: Okay. So your family was aware of Sigfredo and that he was a part of your life?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, at this time is Sigfredo Garcia able to come back to Miami and get a job?
KATHERINE MAGBANUA: Yeah, I believe so. I think he got a job in construction again.
MS. KAWASS: Did Sigfredo graduate from high school?
KATHERINE MAGBANUA: He got his GED.
MS. KAWASS: Okay. So when was it, if you can remember, that things started to take a turn for the worst in your relationship with Sigfredo?
KATHERINE MAGBANUA: It had to be, like, a little -- we started kind of fighting, like, when I was pregnant with my daughter. And then probably after I gave birth to her, that whole year we tried to, you know, work things out. But it kind of started fiddling down.
MS. KAWASS: Now, what were you guys arguing about?
KATHERINE MAGBANUA: He just disappeared. And I don't know. He would be drinking. Half the time I didn't know what he was doing.
MS. KAWASS: Did you suspect that he was using drugs?
KATHERINE MAGBANUA: At that time, I believe so. Yeah.
MS. KAWASS: would he do drugs in front of you?
KATHERINE MAGBANUA: Probably smoking. Probably smoke weed but nothing -- or, you know, like, alcohol. But that's about it.
MS. KAWASS: Okay. And did you suspect him of cheating on you?
KATHERINE MAGBANUA: what time frame, like?
MS. KAWASS: Okay. So now we're talking about, like you said, you got pregnant with your daughter?
MS. KAWASS: Okay. And it's a year later when you guys actually break up, around her first birthday?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So you'd say that that whole year between her birth and her first birthday is when things were kind of rocky?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. How would -- I mean, how bad were your fights? Did they ever get violent?
KATHERINE MAGBANUA: No, they didn't get violent like that. Like, we would just argue back and forth. Half the time it was probably me, like, screaming at him. And then he just doesn't, you know -- he just doesn't respond or, like, he'll] leave.
MS. KAWASS: Okay. And now just to -- you're in your mid-20s and so is Sigfredo?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So you guys are kind of young?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And were you aware that he was involved in criminal activity?
KATHERINE MAGBANUA: I mean, I don't know if he was or, like -- I mean, now it's like I'm seeing a lot more of, you know, what's been going on. But at that time, no. I mean, he was -- he was just hanging out.
MS. KAWASS: And you do remember a time when Sigfredo picked up charges in South Florida, right?
KATHERINE MAGBANUA: In South Florida?
MS. KAWASS: He was arrested. You're aware that he's a convicted felon, right?
KATHERINE MAGBANUA: Yes. Yes.
MS. KAWASS: Okay. And so do you know what it was he was convicted of?
KATHERINE MAGBANUA: I know he used to get in trouble when he was younger.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: But probably sale of cocaine and weed or --
MS. KAWASS: Did any of that -- was any of that going on, like him getting arrested and going through the criminal system, if you remember, you know, around the time of 2012, 2013?
KATHERINE MAGBANUA: No. I don't think so.
MS. KAWASS: All right. And were you aware that he was selling drugs?
KATHERINE MAGBANUA: when he was younger, yeah.
MS. KAWASS: So you knew he was selling drugs when he was younger?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: were you aware of him selling drugs while you two were together in your good times?
MS. KAWASS: Okay. And did you suspect that that is maybe what he was doing after you broke up or you didn't know?
KATHERINE MAGBANUA: I didn't know.
MS. KAWASS: All right. Now, what -- is there one specific thing that caused the breakup in 2013?
KATHERINE MAGBANUA: A specific thing, not that I can recollect right now.
MS. KAWASS: Like, you know, sometimes people will say, oh, I caught him cheating on me.
KATHERINE MAGBANUA: Oh, yeah. Yeah. Yeah. He did. One time I was going through his phone and I saw that he was, like, talking to another girl, or there was, like, text messages from another girl.
MS. KAWASS: Okay. And that could have been the catalyst just for the argument that caused the split?
KATHERINE MAGBANUA: Yeah. Yeah.
MS. KAWASS: Are you sure or you think that's what it is?
KATHERINE MAGBANUA: I believe that that was -- like, that's one of the times.
MS. KAWASS: Now, because of this massive fight that you had -- he was living with you at the time, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And was he helping you take care of the kids at the time?
KATHERINE MAGBANUA: Yeah. He was living with me, so...
MS. KAWASS: Was it you, him, and the kids and that was it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And so you kicked him out of the apartment?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you know where he went?
MS. KAWASS: Okay. And how serious was this separation between the two of you?
KATHERINE MAGBANUA: Around this time, this is, like, when Caylee was probably one, right?
MS. KAWASS: Now we're at 2013?
KATHERINE MAGBANUA: Okay. Yeah, she's around one.
MS. KAWASS: She's one.
KATHERINE MAGBANUA: I'm sorry. what was your question?
MS. KAWASS: How serious was this separation between the two of you?
KATHERINE MAGBANUA: Oh, I had it at that time. A lot of things led up to that big fight that we had.
MS. KAWASS: Okay. And on times that you would fight before, you'd fight but it never got to the point where you'd kick him out of the house?
KATHERINE MAGBANUA: Yeah. No, I would kick him every -- like, probably I've kicked him out once before that time. But not nothing really -- like, we would just argue and --
MS. KAWASS: He'd come back?
KATHERINE MAGBANUA: Yeah, like, he'd come back later at nighttime and he'd be home.
MS. KAWASS: So would this be the first major breakup?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you were done?
KATHERINE MAGBANUA: I was done.
MS. KAWASS: Did he try to get back together with you?
KATHERINE MAGBANUA: Yeah. I mean, he always -- he always tried to get back with me.
MS. KAWASS: Now -- so you start working at SOFi Dental. Do you remember how you got the job at SoFi Dental?
KATHERINE MAGBANUA: One of my high school friends was working there and she told me there was an opening. And she told me the hours would actually be really good for you. I already had my daughter so I was looking for a job. And I just -- I did an application and I got hired.
MS. KAWASS: And started working there?
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: Did you have any other jobs at the time you were working at SoFi Dental?
KATHERINE MAGBANUA: I believe I was working promotions as well.
MS. KAWASS: You saw earlier during your trial a picture with you and some other ladies standing behind, like, a table with some, like, a case of beer or something?
KATHERINE MAGBANUA: Like samples, yeah.
MS. KAWASS: Was that a good example of what the liquor promotions were?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is that what you were doing in that picture?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Can you explain to the jury what that entails? And how it is that you became involved in that?
KATHERINE MAGBANUA: Okay. So we worked with different liquors, like, let's say Absolut. Absolut -- it's been so long. And certain types of vodkas. And we would set up, have -- we would buy from the -- with the money that, like, the company would give us, we would get it from the owner of, like, the store, or buy from the store. And then we would give samples out to people that are coming in.
MS. KAWASS: Okay. And then how would you get paid?
KATHERINE MAGBANUA: At that time I think I was getting paid through checks.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Okay. Are you certain or you're not certain?
KATHERINE MAGBANUA: I'm not certain.
MS. KAWASS: All right. And were you broken up with him at this time, with Sigfredo?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, when you first meet Charlie, did you know right away that he wanted something more than a friendship?
KATHERINE MAGBANUA: Oh, yes.
MS. KAWASS: Explain to the jury how it is that he got your number?
KATHERINE MAGBANUA: well, he was one of the specialists in the dental office that I was working at. So he came in and I think he was telling some of the girls, like, asking about me. And he got my phone and tried to put his phone number in my phone. And I was like, I already have it. Because we have to text the doctors to tell them about their appointments sometimes.
MS. KAWASS: Okay. And would you say -- did he ask you out right away or how did that evolve?
KATHERINE MAGBANUA: I think through time, like, he kept -- you know, Caylee was little at that time so I could never, like, really hang out or go out. So he just kept -- he kept on. And then one day we went out to go get something to eat or something.
MS. KAWASS: Okay. So it's fair to say he was persistent?
MS. KAWASS: All right. Now, I'm going to try to help you with your memory. So I'm going to go back to -- now we're moving forward. Do you remember if you guys were dating at New Year's Eve in 2013?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Did you guys go out for New Year's?
KATHERINE MAGBANUA: Yes. We went to this place called Hard Rock Hotel and Casino and we spent New Year's over there with some of their friends.
MS. KAWASS: And that establishment is in Fort Lauderdale?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And it's a big casino with lots of shops, and clubs, and all that kind of stuff, right?
KATHERINE MAGBANUA: Yes. Yes, ma‘am.
MS. KAWASS: And did your relationship ever get to serious boyfriend and girlfriend?
MS. KAWASS: All right. But how much -- like, how about the communications between the two of you, between you and Charles?
KATHERINE MAGBANUA: we would text.
MS. KAWASS: Okay. Now, explain to the jury -- because I know sometimes women complain that men do not communicate with them a lot. All right?
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Did Charles Adelson have this problem?
KATHERINE MAGBANUA: No. He's always texting.
MS. KAWASS: Is he someone, too, that talks a lot on the phone?
KATHERINE MAGBANUA: All the time.
MS. KAWASS: And even with his job, where he's working all day, he will call and text and everything in between throughout the day?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, when was the first time you ever met Charlie's sister wendi?
KATHERINE MAGBANUA: I believe the first time was when they were talking about Yardbird when we were eating.
MS. KAWASS: Okay. So you remember that day?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That was the first time you ever met Wendi?
KATHERINE MAGBANUA: I believe so, yes.
MS. KAWASS: Before then -- because that's in March of 2014. Okay?
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Before then, do you remember Charles ever talking about Wendi to you?
KATHERINE MAGBANUA: Not that I can remember.
MS. KAWASS: Okay. Not --
KATHERINE MAGBANUA: He probably said he had a sister. But, you know, like, he had a sister and a brother. But I just didn't know when he told me he had a sister and a brother.
MS. KAWASS: He never spoke to you or you never had any knowledge of, for example, you know, wendi's divorce?
MS. KAWASS: Okay. All you knew is he had a sister anda brother?
MS. KAWASS: Now, that night that you went -- that night you went to Yardbird --
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: All right. what is Yardbird?
KATHERINE MAGBANUA: It's a restaurant that you can eat out in the patio. It has indoor/outdoor.
MS. KAWASS: And it's on South Beach?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Was it daytime or nighttime?
KATHERINE MAGBANUA: It was after work, so it was, like, probably, like, early dinner.
MS. KAWASS: Okay. And would the records reflect probably an accurate reflection of what time it was?
KATHERINE MAGBANUA: would what records?
MS. KAWASS: Icloud records or some -- whatever we have there?
KATHERINE MAGBANUA: Oh. Yes, ma'am.
MS. KAWASS: we can rely on the records to determine the time, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, did you leave work and meet them there?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Do you remember what car you were driving at that time?
KATHERINE MAGBANUA: Oh, my Mazda.
MS. KAWASS: Is that the white one?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: what car was Charles driving at that time?
KATHERINE MAGBANUA: I think he had the Mercedes.
MS. KAWASS: Okay. The one that we saw in the picture?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And when you get to the restaurant, are wendi and who you now know as Jeffrey Lacasse, were they both there?
KATHERINE MAGBANUA: Yes, ma'am. They were already sitting there.
MS. KAWASS: And did you show up before Charlie, or you guys got there at the time same time?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: And how did wendi and Jeffrey -- I mean, I Know you probably don't remember too much, but did anything weird stand out with the two of them, or it was obvious to you that they were dating?
KATHERINE MAGBANUA: No, nothing weird.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: They were just there together.
MS. KAWASS: Anything stand out from you from that dinner? Anything that, you know, you remember that stood out to you?
KATHERINE MAGBANUA: No. Not that I can recall.
MS. KAWASS: Okay. Then after that dinner, where did you go?
KATHERINE MAGBANUA: Home.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: And do you know where Charles went?
KATHERINE MAGBANUA: He probably went back to his house.
MS. KAWASS: Okay. He didn't go home with you?
MS. KAWASS: Now, at this time when you're full on -- well, not full on, but you're dating Charles, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Are you seeing any other -- any other men?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. Did you have time to see any other men?
KATHERINE MAGBANUA: No, I did not.
MS. KAWASS: How many jobs were you working at that time now? Now we're in March of 2014. were you still at SoFi Dental, if you can remember?
KATHERINE MAGBANUA: I can't remember.
MS. KAWASS: Is there ever a time from 2012 onwards that you remember not having a job?
KATHERINE MAGBANUA: No. I always had a job.
MS. KAWASS: And sometimes multiple jobs, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And even when Sigfredo was out of the picture at this time, you were able to, with your jobs, you know, provide for your kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you have any other family help?
KATHERINE MAGBANUA: Yeah, my mom.
MS. KAWASS: Your mom would help you out?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How would she help you out?
KATHERINE MAGBANUA: She'd either, like, transfer money, or, like, she'd give me cash.
MS. KAWASS: Okay. Now, describe for the jury now, you're dating Charlie. How is Sigfredo's presence in your life at this time? where was he living, if you know?
KATHERINE MAGBANUA: when I was dating Charlie?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: I know he wasn't living -- like, he was probably, like, living at his friend's house. But eventually he ended up living with that girl.
MS. KAWASS: Shrimp?
KATHERINE MAGBANUA: Shrimp, yes.
MS. KAWASS: Okay. So -- but you don't know when that transition took place?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. So as far as you knew, he's staying with friends, things like that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Was it any of your concern where he laid his head at night?
MS. KAWASS: ~~ why?
KATHERINE MAGBANUA: we weren't together.
MS. KAWASS: Okay. And you saw the call-detail records about the flurry of communication between you and Sigfredo and Charles?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is there almost, like, a pattern of coming up on Fridays, is where the --
MS. KAWASS: -- increase of the calls happen?
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: why is that?
KATHERINE MAGBANUA: Because usually we were trying to work out something where, you know, one weekend I get the kids, and then he'd try to help me out the following weekend. So I'd usually start blowing up his phone, like, Fridays if I can't get ahold of him. Because it was always difficult for him to take care of the kids.
MS. KAWASS: Okay. And you're still in your mid-20s at this time?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And would you go to him first before you go to other family members --
KATHERINE MAGBANUA: Of course, yeah.
MS. KAWASS: Okay. And would it be a situation where you would call back-to-back and he wouldn't pick up?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And you wouldn't let up on the texting and --
MS. KAWASS: And that's because he's the father of your kids, right?
MS. KAWASS: And you wanted him to help you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You notice anything unusual about the fact that you would be texting the father of your kids, and then maybe not get through, and then maybe make a phone call to your boyfriend?
MS. KAWASS: All right. Now, at the time you did see some of the summaries that were presented by the State in this case, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, there's a lot of numbers on your call-detail record that haven't been identified.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. The only one they were able to put in there was Yindra.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And she testified here today, right?
MS. KAWASS: You had other close friends at that time, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: who were your closest friends?
KATHERINE MAGBANUA: Kenya and Maria.
MS. KAWASS: Okay. would you say that they were your best female friends?
MS. KAWASS: were they closer to you than you were to Yindra?
KATHERINE MAGBANUA: At that time, I believe -- I mean, they're my two best friends.
MS. KAWASS: They're your two best friends?
MS. KAWASS: Okay. And they're not your only friends, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: If I had you look at those numbers now, do you think you'd remember whose number belonged to who?
KATHERINE MAGBANUA: I don't think so.
MS. KAWASS: Okay. It would be in your contacts, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, did you -- as far as you knew, did Sigfredo know about Charlie, that you were dating this guy?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And why do you believe -- or how do you Know that?
KATHERINE MAGBANUA: How do I know that he knows?
MS. KAWASS: Or how do you -- what is it that made you realize that he knew that you were dating this guy? Did you say it to him or did he ever make a comment?
KATHERINE MAGBANUA: I probably did. Like, I probably mentioned Charlie's name or whatever. Trying to get him mad.
MS. KAWASS: Oh --
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: To push some buttons with him?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: And you frequently spoke to your boyfriend, Charlie --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- about the father of your kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Sigfredo?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So you referred to him, to Charlie, as several different names, right? well, one, you've called him Tuto before, right?
KATHERINE MAGBANUA: Sigfredo?
MS. KAWASS: Yeah.
MS. KAWASS: So Charles Adelson Knows the name Tuto?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So when you heard on some of the recordings him saying, I don't even know who these guys are. And he keeps repeating it over and over --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He's lying, right?
KATHERINE MAGBANUA: Of course.
MS. KAWASS: All right. Now, in May or June of 2014, okay, that is when Caylee's birthday is, right?
MS. KAWASS: May 30th?
KATHERINE MAGBANUA: May 30th, yes, ma'am.
MS. KAWASS: Just a few days before June 1st, 2nd and 3rd, 4th, where they say the first trip happened, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: what did you do for your birthday -- for Caylee's birthday, if you can remember?
KATHERINE MAGBANUA: I just had, like, a little gathering in the house. Like, another friend of mine, I think, and her kids.
MS. KAWASS: Okay. Something small?
KATHERINE MAGBANUA: Something small, yeah.
MS. KAWASS: How old was she turning?
KATHERINE MAGBANUA: One. Wait. No, this is --
MS. KAWASS: 2014.
MS. KAWASS: Two. Okay. And you're still living at the same apartment?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: who was living with you at the time?
KATHERINE MAGBANUA: My mom.
MS. KAWASS: All right. So it's just the four of you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Two kids, you, and your mom?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: would Sigfredo still come over?
MS. KAWASS: why is that?
KATHERINE MAGBANUA: He'd come by every now and then to see the kids, hang out.
MS. KAWASS: were there times where he would come and take the kids and take care of them for the weekend?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So he wasn't a complete, total absentee father?
KATHERINE MAGBANUA: No. No.
MS. KAWASS: was he consistent, though?
KATHERINE MAGBANUA: That, he wasn't. He wasn't consistent about it.
MS. KAWASS: Now, around that time, you've seen these things about you pinging and going to take Sigfredo --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- to rent a car. Did that ever happen?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Do you have any idea why your cell phone would have been pinging on that day eight years ago? Do you remember why?
KATHERINE MAGBANUA: No. But one of my friend's lives close by there, SO...
MS. KAWASS: Okay. which friend of yours lives close to the airport?
KATHERINE MAGBANUA: Kenya.
MS. KAWASS: Kenya lives there.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Okay. But you wouldn't even be able to tell the jury if that is consistent with that tower because you don't know anything about towers, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. But had you taken him to go rent a car, you think you'd -- you've never taken him to rent a car?
KATHERINE MAGBANUA: No, I've never taken him.
MS. KAWASS: Okay. Now, when you -- at this time, did Sigfredo own a car or was he just switching cars all the time?
KATHERINE MAGBANUA: He was switching cars. I don't know if he had his own car at that time.
MS. KAWASS: So it could be that you just don't know whose car he was driving?
KATHERINE MAGBANUA: Yeah. He would just get his friends’ cars or I don't know. I didn't know what he was really doing at that time.
MS. KAWASS: Did you ask?
MS. KAWASS: Had you asked about what his day-to-day -- what he was doing every single day, would he have answered you? Told you what he was doing every day?
KATHERINE MAGBANUA: Probably not.
MS. KAWASS: why?
KATHERINE MAGBANUA: I just -- he doesn't tell me everything.
MS. KAWASS: But, also, too, like you don't have to tell him what you're doing every day, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: why is that?
KATHERINE MAGBANUA: we're not together.
MS. KAWASS: So I want to talk to you about this day, because this day actually stands out in your memory. Okay. It's the July 1st --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- confrontation. Okay. Now, explain to the jury, in your own words, what happened that day. So let's start with, do you get a call from Charlie? Like, is he inviting you to go out?
KATHERINE MAGBANUA: I don't remember, like, who called who first or whatever.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: But I know he wanted to go out on the jet ski.
MS. KAWASS: And were those his jet skis?
KATHERINE MAGBANUA: A jet ski, yeah.
MS. KAWASS: Oh, just one?
KATHERINE MAGBANUA: One. Yes.
MS. KAWASS: Okay. Had you guys ever gone jet skiing before?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: All right. And what happened -- what happened -- had Sigfredo -- what happened with Sigfredo that day? Did he come and pick up your kids?
KATHERINE MAGBANUA: Yes, he did.
MS. KAWASS: All right. Was it his turn to watch the kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And he picks them up. How old are Ethan and Caylee around this time? Caylee would be two and so Ethan would be?
KATHERINE MAGBANUA: Five.
MS. KAWASS: Five?
KATHERINE MAGBANUA: Probably seven.
MS. KAWASS: Seven. Okay. So he takes the kids --
KATHERINE MAGBANUA: Because they're five years apart.
MS. KAWASS: Do you remember what car he was driving at that time?
KATHERINE MAGBANUA: I believe he had, like, a blue Volvo.
MS. KAWASS: Okay. And is this the car that he was in when the confrontation happened?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. So do you see him take the kids and leave?
MS. KAWASS: where do you think he went, or you just didn't ask?
KATHERINE MAGBANUA: well, I mean, I found out later that he was at, like, a pizza place, like, down the block from, like, where we stayed -- or I stayed.
MS. KAWASS: But when he left, you had no idea where he was going?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: So you come downstairs. Does Charles come to pick you up?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: what's he driving?
KATHERINE MAGBANUA: The Lexus.
MS. KAWASS: And what's tacked onto the back of the Lexus?
KATHERINE MAGBANUA: The jet ski.
MS. KAWASS: Is this outside your North Bay Village apartment?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is this in the parking lot?
KATHERINE MAGBANUA: Like, when he went to go pick me up?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: Yeah, he picked me up in the parking lot.
MS. KAWASS: So he picks you up in the parking lot. Are you guys able to exit the parking lot?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. When is it that you see -- or, you know what, you tell the jury what happens next.
KATHERINE MAGBANUA: As we were pulling out of, like, the parking lot, we were going to go down the way, like, one of the roads. And Sigfredo cut us off and just jumped out of the car and started screaming in the middle of the street.
MS. KAWASS: So you're on a roadway?
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: Okay. He blocks in -- do you immediately recognize that that's Sigfredo's car?
KATHERINE MAGBANUA: It was fast. But he jumped out of the car and, like, stood in the middle of the street, so I knew it was him.
MS. KAWASS: Now, describe for the jury -- because he's not a small guy, Sigfredo, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: He's a lot taller than you are?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And at that time was he, you know, working out or --
KATHERINE MAGBANUA: Yeah, he was fit.
MS. KAWASS: He, what, stood up in front of the car and what did he do?
KATHERINE MAGBANUA: He just started screaming in the middle of the street. But I didn't know what he was saying.
MS. KAWASS: Could you hear what he was saying?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: were the windows up?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And do you know if he was screaming in English, Spanish?
KATHERINE MAGBANUA: I don't know what he was saying.
MS. KAWASS: Now, when you see him, what was your reaction?
KATHERINE MAGBANUA: I was shocked.
MS. KAWASS: what was Charlie's reaction?
KATHERINE MAGBANUA: Oh, he was petrified.
MS. KAWASS: Now, when you say he was petrified, what do you mean?
KATHERINE MAGBANUA: He was just -- he looks at me and then he's, like, trying to find a way to get out of the -- like, the -- because the street is very narrow.
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: So he was trying to figure out how to, basically, do, like, a turn with the jet ski so we could go the other way.
MS. KAWASS: Oh, okay. So, basically, turn around because Sigfredo has blocked off the other way?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did Charles ever get out of the car?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did Charles ever say anything to you in the car?
KATHERINE MAGBANUA: Say something to me?
MS. KAWASS: Yeah. About Sigfredo?
MS. KAWASS: He was just trying to get --
KATHERINE MAGBANUA: Not that I can -- yeah. He was trying to get -- his focus was to get out of the way.
MS. KAWASS: Now, did he get out of the way?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. what happens when you guys drive off?
KATHERINE MAGBANUA: Sigfredo, like, kind of pulls -- so he jumps back in the car and he pulls up next to us and he's just screaming. And I'm just looking at him like, why are you -- you know, he was acting crazy.
MS. KAWASS: Did you see him get on the phone?
KATHERINE MAGBANUA: Get on the phone?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: while he was on -- while he was driving?
MS. KAWASS: At any point that day, did you see that he had gotten on the phone?
KATHERINE MAGBANUA: Not that I know of, no.
MS. KAWASS: Now, did you find out that at some point after you left that he had made a phone call to the Adelsons?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How did you find out that that phone call had been made?
KATHERINE MAGBANUA: I don't quite remember.
MS. KAWASS: Do you know whether -- did Charles tell you or did Sigfredo tell you?
KATHERINE MAGBANUA: I think this was -- I mean, this was already on the way -- when I came back. Like, when I was going to pick up the kids from Sigfredo.
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: So I was -- he was, like, trying to cut -- we were fighting about something. I guess the whole situation. But I went out to the jet skis already. Like, we already went out and this was on the way back.
MS. KAWASS: Oh, so you had already gone out?
KATHERINE MAGBANUA: I was already going to pick up the kids from Sigfredo.
MS. KAWASS: where was Sigfredo with the kids? Do you know? Remember?
KATHERINE MAGBANUA: No. I think I pulled up in front of Shrimp's house.
MS. KAWASS: And that's where he was with the kids?
KATHERINE MAGBANUA: The kids might have been inside the house because -- or he left them with his mom. But I was talking to him. Like, we were outside and he was on the phone.
MS. KAWASS: Okay. So that is when he, as far as you know, is making the phone call?
KATHERINE MAGBANUA: Yes. Yes, ma‘am.
MS. KAWASS: Okay. Could you hear what he was saying?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Did you know who he was speaking to?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: was he talking?
KATHERINE MAGBANUA: Yeah, he was talking. And then he walked away. Like, he was talking on the phone and then he walked away, and I'm, like, chasing him in the middle of the street.
MS. KAWASS: All right. And were you able to get his phone from him or anything like that?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: And why is it that you end up calling Harvey Adelson after that debacle?
KATHERINE MAGBANUA: Because he left a message, apparently, on his phone.
MS. KAWASS: And what was your purpose of calling the Adelsons? Were you embarrassed?
MS. KAWASS: what did Charlie ever say -- did he ever talk to you about that afterwards? About, you know, what happened with Sigfredo doing that?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Okay. So you never -- you don't remember him specifically discussing that with you or saying anything about it?
KATHERINE MAGBANUA: I think about leaving a message on the phone, on his dad's phone.
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: But, besides that, not that I can recall.
MS. KAWASS: Did he seem upset that this is what had happened, like, you know, oh, your psycho ex-boyfriend is -- like, I can't be with you because he's so crazy?
KATHERINE MAGBANUA: I mean, I guess.
MS. KAWASS: No. Did Charlie ever kind of say that to you? Like, oh, because of that incident that that is what would have caused your later breakup?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Did he ever talk badly to you about Sigfredo?
KATHERINE MAGBANUA: Not really.
MS. KAWASS: And you would talk to him about how frustrated you are with Sigfredo, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All the time?
MS. KAWASS: About how he doesn't help take care of the kids?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: And wouldn't Charlie always be encouraging you? Oh, that's the father of your kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And he was always kind of encouraging you not to end everything with him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: who is Yindra?
KATHERINE MAGBANUA: Mascaro?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: She's -- I worked with her. I mean, she was a high school friend, too. But she was younger than me. And we started hanging out. And we, you know, she said on, I guess, her birthday, one of her birthdays --
MS. KAWASS: And did that sound right to you, that you --
KATHERINE MAGBANUA: Yes, ma'am. Yeah.
MS. KAWASS: Okay. And so you guys got back -- you Know, you see each other at the club, it's her birthday and your friendship kind of starts there?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, she actually worked in the clubs with you, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, let's talk about the two clubs that you worked at. Were there more clubs that you worked at or it was just those two?
KATHERINE MAGBANUA: At that time, I think it was only those two.
MS. KAWASS: what is the first club you worked at?
KATHERINE MAGBANUA: I worked in Fate --
MS. KAWASS: Okay.
KATHERINE MAGBANUA: -- nightclub.
MS. KAWASS: So Fate first?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And that's the one where your former boss came in here, Mr. Nabor?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now, explain to the jury how it is that you made money and how you were paid at that job at Club Fate.
KATHERINE MAGBANUA: Like -- okay. Like, we did -- I did bottle service and I bartended as well. And we would get cash tips or on credit cards.
MS. KAWASS: Okay. And was what he said -- you know, Mr. Nabor said it fairly correct, that the only thing they can really track for you guys is what's written on the credit card receipt?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did you declare all of your cash tips?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. As far as you know, all the other employees, do you know if they all declared their cash tips?
KATHERINE MAGBANUA: I don't think any of them did.
MS. KAWASS: Okay. Is that something that's normal in the service industry?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And why do people not declare all of their tips?
KATHERINE MAGBANUA: So they can keep all the money.
MS. KAWASS: And not have to pay too much taxes, right?
KATHERINE MAGBANUA: Yes. Uh-huh.
MS. KAWASS: So how long do you remember working at Club Fate?
KATHERINE MAGBANUA: The dates have been so off. Like, I don't even remember anymore.
MS. KAWASS: Okay. So we should rely on things that are in records to determine?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Because I don't want you to -- if you don't remember, you don't remember.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Now, what would you do with your cash? Every time you made cash, did you just go to the bank the next day and deposit it?
KATHERINE MAGBANUA: No. I usually saved it.
MS. KAWASS: Okay. And where would you save it, at home?
KATHERINE MAGBANUA: At home.
MS. KAWASS: All right. But you did deposit some of your cash into the bank?
KATHERINE MAGBANUA: Yes, ma'am. when I had a chance to.
MS. KAWASS: Okay. And you deposit -- you have two bank accounts?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you deposited cash into both bank accounts?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And that's something you've been doing since you had a bank account?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Even before you met Charles Adelson?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Did Sigfredo Garcia ever come out to the clubs and see you working?
KATHERINE MAGBANUA: Not that I know of.
MS. KAWASS: Okay. That probably wouldn't have been a good idea, right?
KATHERINE MAGBANUA: Probably not.
MS. KAWASS: All right. And did Charlie ever come out to Club Fate while you were working there?
KATHERINE MAGBANUA: Not that I know of.
MS. KAWASS: All right. Did you have other jobs while you were working at Club Fate?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Were you -- because you saw on the chart your -- your -- your employment overlaps some times?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So was there a time when you were working at Club Fate but not holding any other jobs? Or you'd have a nine-to-five and just do the club thing?
KATHERINE MAGBANUA: I believe so. I usually have two jobs.
MS. KAWASS: All right. And after Club Fate, what was the next club you worked at?
KATHERINE MAGBANUA: Hollywood Live.
MS. KAWASS: Now, you saw that photograph that the State presented as to what Hollywood Live was, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. In your opinion, is that a fair and accurate representation of what the club looked like --
KATHERINE MAGBANUA: No, it was not.
MS. KAWASS: -- back in 2016?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: It wasn't -- I mean, the club opened that night, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And it didn't look as run down as it did in that picture?
MS. KAWASS: You now know that picture was taken during the pandemic?
KATHERINE MAGBANUA: The pandemic, yes, ma'am.
MS. KAWASS: Do you know someone by the name of Dan Markel?
KATHERINE MAGBANUA: Yeah, now. I mean, not now, but -- now I do.
MS. KAWASS: I'm just going to ask you right now and you can tell the jury. Did you have anything to do with the murder of Dan Markel?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Did you know anything about the murder of Dan Markel?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: would you have ever assisted anyone in having a father of two killed?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: would you assist anyone in having anybody killed?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Did you know anything about wendi Adelson's divorce?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you know anything about her custody battle over her kids?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you even know she had kids?
KATHERINE MAGBANUA: I knew she had children, yes.
MS. KAWASS: Okay. were her kids with you that time that you were at the Icon with Yindra?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. And that was in Father's Day in 2014?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: What happened on that day that you all came together on that day in June? I think it was June.
KATHERINE MAGBANUA: what happened?
MS. KAWASS: Yeah. How is it that you ended up in a picture with wendi Adelson and Yindra?
KATHERINE MAGBANUA: Oh, Charlie invited me to go down to the beach. And his sister was in town, I guess. I was already with Yindra, so I was like, You wanna go to the beach? So then she tagged along with me.
MS. KAWASS: Explain for the jury, South Beach is more like a tourist place?
MS. KAWASS: Especially south of 5th, Right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: This is the South Beach everybody sees on TV, with the neon lights and all the hotels, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, the Icon, it's a massive, like, I don't even know how many stories apartment building?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is that the building that had that staircase that you saw Donna Adelson walking down on the bump?
KATHERINE MAGBANUA: I don't know.
MS. KAWASS: Okay. But when you get off the bridge --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- it's one of the first buildings on your right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And you even recognized the school?
KATHERINE MAGBANUA: Yes, that was my elementary school.
MS. KAWASS: It was your elementary school.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Now, that apartment building has a very nice pool?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And access to the beach?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. So you said he invited you to come over to hang out at the beach and the pool and you invited Yindra with you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That's the second time you hung out with Wendi Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did she talk to you or Yindra about divorce?
MS. KAWASS: Anything about relocation with her kids?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You guys weren't close like that, right?
MS. KAWASS: You had no idea that this was going on in her personal life?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Now, I want to talk to you about July 18th?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You now know that that is an important day?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Back in 2014, that day doesn't stick out to you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. So if, for example, we had all your text messages from that day on Charlie's iCloud --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- that would be a good memory jogger for you, right?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: If Charles Adelson had ever spoken to you about a homicide or a murder, would that stick out in your mind?
KATHERINE MAGBANUA: Of course.
MS. KAWASS: Okay. Do you remember him mentioning that his brother had been in an accident?
KATHERINE MAGBANUA: Do I remember him mentioning that?
MS. KAWASS: That his brother had been in a car accident?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. That was the night that you said that you could have possibly dropped your kids off to Yindra to go and be with him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Do you remember if that night that you went and spent with Charlie?
KATHERINE MAGBANUA: No, I don't remember.
MS. KAWASS: Is it possible, though?
KATHERINE MAGBANUA: Maybe.
MS. KAWASS: Okay. If the record said you did, can we rely on it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And if you were there that night, does anything stand out to you about Charlie's behavior?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. Did he ever, to you, seem weird, or nervous, or say that he was sick? Did anything stand out to you that night?
KATHERINE MAGBANUA: No, ma'am. No.
MS. KAWASS: Did Charles Adelson give you a hundred-thousand dollars in stapled cash to then go and give to the father of your kids, who you were not with, the next day?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: If charles Adelson had said to you, Here's a hundred-thousand dollars in stapled money, what would you do? what would be your first question to him?
KATHERINE MAGBANUA: why are you giving me that?
MS. KAWASS: Okay. Did you ever see him with stapled money?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Now, you heard Ms. Umchinda, she's seen the stapled money. Were you -- even though you were dating --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- were you at his house every single day?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: And why was that?
KATHERINE MAGBANUA: I had the children -- I had the kids. And I could never just go away and spend the night.
MS. KAWASS: Okay. So you would have to get, basically --
KATHERINE MAGBANUA: A babysitter.
MS. KAWASS: A babysitter?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Did you spend the night at Charlie's house a lot?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. You'd have to come back home?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And where did your brother live at the time?
KATHERINE MAGBANUA: He lives in Tamarac.
MS. KAWASS: All right. Close to the Adelson Institute?
KATHERINE MAGBANUA: Yes, ma'am. Very close.
MS. KAWASS: Very close.
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: And your brother's married with kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now, the next day you -- well, they say that the next day -- July 18th was a Friday. Okay? I'm telling you it was a Friday.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: I'm sure you don't remember. The next day is July 19th, where there is this allegation that you went over to Jessica Rodriguez's house --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- to drop off money?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Let's talk about that. You know Jessica Rodriguez, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How do you know her?
KATHERINE MAGBANUA: She's Tato's girlfriend, ex, baby mama.
MS. KAWASS: So were you guys close before she got pregnant or it was only until she got pregnant?
KATHERINE MAGBANUA: I think -- like, after she got pregnant. Or I think I knew her when she had the baby -- like when she had the belly.
MS. KAWASS: Oh, when she actually had the belly?
KATHERINE MAGBANUA: Yeah. Yeah.
MS. KAWASS: Okay. And even though you and Sigfredo weren't together, you and her bonded?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: was she having the same problems with Luis that you were having with --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- Sigfredo?
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: She's trying to keep -- she has no idea where he is and all of that?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Did she complain about him to you?
KATHERINE MAGBANUA: I believe, yeah, we probably spoke about it.
MS. KAWASS: Did you know that he was a Latin King gang member?
KATHERINE MAGBANUA: I did because of, like, the crown. Like, now that they talk about it all the time, the Latin Kings. I don't know at that time if I knew he was in the Latin Kings, but I do now.
MS. KAWASS: You do now?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Okay. was Sigfredo, to your knowledge, ever in a gang?
KATHERINE MAGBANUA: No. Sigfredo was not in a gang.
MS. KAWASS: All right. And, so, on this day, did that happen?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You never went and were trying to find Sigfredo and to get him to drop off money for a murder?
KATHERINE MAGBANUA: No, ma'am. I was looking for Sigfredo, but not for that.
MS. KAWASS: And in your text messages you see that from that day you actually were trying to get Ethan, and you were going to go take him to the pool?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But it's a weekend?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: A Saturday. So it's not unusual for you to be looking for Sigfredo?
KATHERINE MAGBANUA: No, ma'am. It was probably his weekend.
MS. KAWASS: And he wasn't picking up the phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. You heard Luis Rivera say that you called him first?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That's not true, is it?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: He called you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You were looking for him. Do you remember if who you called was Anthony Ortiz or Jessica Rodriguez?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Okay. would that be normal that you would try one of them to try and find out where Sigfredo is?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: why?
KATHERINE MAGBANUA: If I couldn't find him and I was blowing up his phone, it would be the next person that I would think would be around him.
MS. KAWASS: And that's Jibaro, right?
MS. KAWASS: That's Anthony Ortiz?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He was close to Sigfredo?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And you would probably go to Jessica first before you call Luis?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. That number that they found in your phone turned out to be a wrong number for him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You don't talk to him that much, do you?
KATHERINE MAGBANUA: To whom?
MS. KAWASS: Back then you didn't talk to Luis a lot?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Ever on the phone?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: And they only got your records from May forward, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: we're unable to get any of your records past then -- before then, right?
KATHERINE MAGBANUA: CNods.)
MS. KAWASS: And that time that you tried to reach out to that number, that's because you didn't know what his new number was?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. And you had an old wrong number for him?
KATHERINE MAGBANUA: Yes, ma'am. well, I've had the same phone forever.
MS. KAWASS: How long have you had your phone?
KATHERINE MAGBANUA: I've had that phone since I was in high school.
MS. KAWASS: The same number?
KATHERINE MAGBANUA: The same number. Not the phone, the same number.
MS. KAWASS: Now, let's talk about your work for Charles Adelson.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Because you heard a lot of testimony about how there's no evidence that you were working at the Adelson Institute?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: were you working at the Adelson Institute?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: who gave you that job?
KATHERINE MAGBANUA: Charlie.
MS. KAWASS: Okay. Explain to the jury why you asked him to put you on the payroll.
KATHERINE MAGBANUA: well, my son, he had a disability -- he has a disability, and I needed to get insurance for him. And the jobs that I was having didn't have insurance or it was so high. So I asked him to do me that favor, to put me in his office so that I could have a job on paperwork.
MS. KAWASS: Now, you didn't work for Donna Adelson?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You didn't work for Harvey Adelson?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. what would you do for Charles Adelson to get that biweekly paycheck that you were getting?
KATHERINE MAGBANUA: well, I was more like his assistant. Like, just -- I helped him get, like, for his website and set up those appointments for him. And just odd things -- you know, odd jobs.
MS. KAWASS: would it be a situation where he asked you to do something and you would just do it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You didn't have a set schedule --
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: -- of what your duties for him entailed, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: And you wouldn't agree to be put on the payroll if you were involved in a homicide, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Because that's just stupid?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So when you hear that he says, Oh, you know, you go and you clean up and stuff like that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Explain to jury what he's talking about.
KATHERINE MAGBANUA: I mean, he just goes off on things and I just, okay.
MS. KAWASS: Are there times where you would go and clean up if he had asked you to?
KATHERINE MAGBANUA: Have I ever?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: What? To the office?
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: I mean, I think, like, I lied about it. Like, I told him that I did but I really didn't.
MS. KAWASS: So you'd say to him, Oh, yeah, yeah, yeah, I went and I cleaned up, but you didn't really go?
KATHERINE MAGBANUA: Yes. Yes, ma'am.
MS. KAWASS: Other things that you did for him, too, was what? Name some of the things. You said the website, you know, any other odd things that you've --
KATHERINE MAGBANUA: I've done the rental -- he had, like, rental places.
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: And I've had to talk to his tenants before, and collect, actually, rent before for the tenants. And don't really remember much. It's been so long.
MS. KAWASS: But it was a situation where it's just, Hey, if he calls me and asks me for something, I'm just going to do it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. He didn't ask you to do anything weird?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Like get someone to get a hitman to commit a murder of his ex-husband [sic].
KATHERINE MAGBANUA: No, ma'am. No, ma'am.
MS. KAWASS: Okay. Had Charlie Adelson asked you if you knew a hitman?
KATHERINE MAGBANUA: If I knew one?
MS. KAWASS: If you knew a hitman or knew someone that could commit a murder for him? would you stay in a relationship with someone like that?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: would you have called the police?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, I want to talk about your breast augmentation?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How long have you wanted breast augmentation?
KATHERINE MAGBANUA: Since I was in high school.
MS. KAWASS: Yindra even said that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And how long had you been saving up for that?
KATHERINE MAGBANUA: I had been saving up for a while.
MS. KAWASS: All right. what is the benefit of paying for that in cash as opposed to a credit card?
KATHERINE MAGBANUA: well, working in the medical field, whenever you pay cash you get a discount. So I spoke to the doctor about it -- actually, the coordinator, and I asked them if I paid a certain amount, you know, can you guys give me a discount.
MS. KAWASS: And that's because if you get charged by credit card, they could be charged a fee?
KATHERINE MAGBANUA: Yeah, exactly.
MS. KAWASS: All right. Did Charles Adelson give you money or pay for your breast augmentation?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: who paid for your breast augmentation?
KATHERINE MAGBANUA: I did.
MS. KAWASS: So Sigfredo didn't pay for it either?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: when you had your breast surgery, do you remember when that was? When was it?
KATHERINE MAGBANUA: I believe it was, like, October, around October.
MS. KAWASS: Had you broken up with Charles at this point?
KATHERINE MAGBANUA: Never really like, broke up, because we never really had, like, a specific day where we would start going out. But I don't think I was -- like, we weren't hanging out as much at that time.
MS. KAWASS: Do you remember -- explain to the jury how it is that things kind of tapered off with you and Charlie.
KATHERINE MAGBANUA: How it kind of, like, dwindled down?
MS. KAWASS: Yeah. Because I'm sure he was -- you know how he is, calling you all the time --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you guys talking to each other all day?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And then at some point did it kind of -- he was just not calling you as much?
KATHERINE MAGBANUA: Yeah. It just kind of, well, dwindled down. TI see now from the text messages.
MS. KAWASS: And you can see now from the communication how right after the murder, it just goes (descriptive sound)?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He never said anything to you, though, about why that happened?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: He just kind of ghosted you?
KATHERINE MAGBANUA: Yeah. Yeah.
MS. KAWASS: were you aware that he was also -- he began talking and seeing another woman?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you ask him about that?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: That wasn't your business?
KATHERINE MAGBANUA: No, it wasn't my business.
MS. KAWASS: Now, even though you guys -- the intimacy in your relationship kind of dwindled down -- because you were never formally boyfriend and girlfriend?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So when that kind of dwindled down, did you remain friends with Charles?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did he constantly keep in communication with you?
KATHERINE MAGBANUA: Yeah, we would text.
MS. KAWASS: All throughout, up until Sigfredo was arrested?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: It's like a -- maybe not daily, but every few days you guys remained in contact?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So it wasn't weird that, you know, something happens in May and it's not like he just called you out of the blue?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You've always been talking?
KATHERINE MAGBANUA: Yeah. we were always communicating.
MS. KAWASS: Now, when did you move out of the Treasure Island apartment and move to the other townhouse?
KATHERINE MAGBANUA: After the Treasure Island I believe I stayed, like, in 125th, around that area at an apartment. And then I moved to the townhouse when I was with Sigfredo.
MS. KAWASS: Okay. Now, let's talk about when it is that you remember you and Sigfredo getting back together?
KATHERINE MAGBANUA: well, that Pacquiao fight, I guess it sticks out.
MS. KAWASS: Okay. So that's correct?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Was that, like, the official date that you guys kind of said, okay, we're back?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That was over a year -- or about a year after the murder of Dan Markel?
KATHERINE MAGBANUA: That was in May 2015.
MS. KAWASS: May 2015?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And Luis Rivera was there, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. But then he got arrested right after that?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: when he got arrested, did everyone find out what he was arrested for?
KATHERINE MAGBANUA: I believe so. About that RICO?
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: were you surprised?
KATHERINE MAGBANUA: Not really.
MS. KAWASS: were you worried that Sigfredo was going to get arrested?
KATHERINE MAGBANUA: No. Because he's not in a gang.
MS. KAWASS: Okay. Did Sigfredo ever say anything to you about Luis's arrest?
KATHERINE MAGBANUA: Not that I remember, no. But I think everybody knew about it. Like, you know, it was all over social media -- not social media. But everybody, like, knew about it. I don't know if Yindra mentioned something about it to me and then we all kind of knew.
MS. KAWASS: But it spread amongst all your small group of friends?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And it's not even a group of friends. These are people who all went to high school together.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: A lot of them remained in Miami, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And -- now, when you moved out of the Treasure Island apartment, did your mom go with you?
KATHERINE MAGBANUA: Out of Treasure -- no.
MS. KAWASS: Okay.
KATHERINE MAGBANUA: I just moved with the kids.
MS. KAWASS: So it was just you and the kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you remember an accident with Sigfredo Garcia?
KATHERINE MAGBANUA: what kind of accident?
MS. KAWASS: On a motorcycle?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Do you remember when that was?
KATHERINE MAGBANUA: I believe that was in the beginning of 2015.
MS. KAWASS: Did you find out who it was that he was on the bike with?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. was that an issue for you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: was Sigfredo trying to get back together with you at that time?
KATHERINE MAGBANUA: I think he was trying to get me to take care of him. But I was like, you're on your own because you just got in a car -- you know, like, this girl was just in a motorcycle accident with him.
MS. KAWASS: And you had no idea that he was still seeing Shrimp?
KATHERINE MAGBANUA: I mean, at that time I don't think so.
MS. KAWASS: Okay. And because he was still seeing her, that probably put a little wrench in him getting back together with you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, I want to talk -- oh, no, we already went through -- so I want to also talk -- yes, you see the cash deposits, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, is there ever a time where if Sigfredo ever came into a large money he would come and give it to you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Do you know how many times that happened?
KATHERINE MAGBANUA: Not a specific number. But it would happen every now and then.
MS. KAWASS: Okay. Did you ask him where the money came from?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: why?
KATHERINE MAGBANUA: It was probably something illegal. Yeah.
MS. KAWASS: And you just didn't want to know anything about it, right?
KATHERINE MAGBANUA: I did not care.
MS. KAWASS: And why didn't you care?
KATHERINE MAGBANUA: Because I needed the money for the kids. So I'm going to have to ask him.
MS. KAWASS: But that did happen. You do remember occasions where he had come and given you a bunch of cash?
KATHERINE MAGBANUA: Yes, ma'am. Yes, ma'am.
MS. KAWASS: what's the most cash he's ever given you, if you remember?
KATHERINE MAGBANUA: That, I can't recall.
MS. KAWASS: And you can't tell this jury specifically if he did that in July of 2014?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Because if you did that, you'd be -- you'd be lying?
MS. KAWASS: You don't remember?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Now, after you and Sigfredo Garcia get back together in 2015, did -- you were still talking to Charlie?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: As friends. Did you keep that away from Sigfredo?
MS. KAWASS: Okay. So he didn't know that you were still in communication with your ex?
KATHERINE MAGBANUA: Not that I know of, no.
MS. KAWASS: And what do you think his reaction would have been if he knew that you were still --
KATHERINE MAGBANUA: He wouldn't like it.
MS. KAWASS: As far as you knew, what were Sigfredo's feelings towards Charles?
KATHERINE MAGBANUA: Towards Charles?
MS. KAWASS: Yeah. Did he like him? Did he not like him?
KATHERINE MAGBANUA: Probably didn't like him.
MS. KAWASS: Okay. But -- I mean -- and I'm only asking if he ever said or did anything in front of you to make you think so, apart from him trying to run you guys off the road?
KATHERINE MAGBANUA: Yeah. No, he just -- he didn't like him. He said he --
MS. KAWASS: Is he jealous when it comes to you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He doesn't like you being with anybody else but him?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Now, was there a time when you began working for Jerome Obed?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: who is Jerome Obed?
KATHERINE MAGBANUA: Jerome Obed, he had a dermatology office. He was also Charlie's -- I was just about to say bunkie because I'm so used to jail -- roommate.
MS. KAWASS: Roommate?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now, he was living with Charles at the time of the homicide in July of 2014?
KATHERINE MAGBANUA: I believe so, yes.
MS. KAWASS: Because when you were still dating him, all the time that you were dating him, Jerome Obed was his roommate?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So he was living with Charles around the time that this homicide took place?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And he didn't come and testify here in this case, right?
KATHERINE MAGBANUA: No, he didn't.
MS. KAWASS: If you saw him, you'd remember what he looked like?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, now it's come to your attention about this whole, what we call “the bump" --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And Dolce Vita and all of that stuff. Now, I want you to explain to the jury, so that they can understand what was going on around that time. Okay?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So we now know that that is April of 2016, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. You're still with Sigfredo.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He's working, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Life is good, as far as you know it?
KATHERINE MAGBANUA: (Nods.)
MS. KAWASS: And you're still communicating with Charles on a regular basis. Not as much as before, but on a regular basis?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you remember the time where he calls you -- you can hear it now.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is that weird for you, listening to --
KATHERINE MAGBANUA: So weird.
MS. KAWASS: Do you have an independent recollection of the circumstances surrounding each of those conversations?
KATHERINE MAGBANUA: A recollection of it?
MS. KAWASS: Like, does it almost sound sometimes when you listen to it, it's almost as if you're listening to it for the first time because it's been so long?
KATHERINE MAGBANUA: It's not the first time that I've heard -- the last time. But do I have -- yeah, a little bit.
MS. KAWASS: Let's talk about what you do remember.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Because the best person to explain what was going on in those conversations --
KATHERINE MAGBANUA: Is me.
MS. KAWASS: -- is you. Because Sigfredo is not here, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: They didn't tap his phone?
MS. KAWASS: Charles is not here, right?
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: Do you know where he is?
KATHERINE MAGBANUA: In jail.
MS. KAWASS: Okay. Do you know how long he's been in jail?
KATHERINE MAGBANUA: A month.
MS. KAWASS: Okay. So we'll get to that in a second. So he reaches out to you and you heard that phone call where he tells you, Oh, my God, someone came up to my mom on the street?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And he said to you, They mentioned something about an ex-girlfriend?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: what was your response to him?
KATHERINE MAGBANUA: You have a whole bunch of other girlfriends.
MS. KAWASS: Okay. And you could hear your voice and the tone that you had.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is surprised and shocked the words used to describe how you felt when he was telling you that someone mentioned -- or came up to his mom?
KATHERINE MAGBANUA: Uh-huh.
MS. KAWASS: All right. Now, at that time when he tells, Oh, it has something to do with an ex-girlfriend, you had no idea that it had anything to do with you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Because that would be strange?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And he actually says to you on the phone, Listen, if I'm wrong, I'm going to feel like an idiot?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: If it's not you on the phone call, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So Charlie then goes and meets with his mother, right?
KATHERINE MAGBANUA: Yes, ma'am. I'm sorry.
MS. KAWASS: And then the next day he is asking to meet you in person?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did you find that strange?
KATHERINE MAGBANUA: From the -- like, him wanting to meet me the following day?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: well, yeah.
MS. KAWASS: why did you think it was strange?
KATHERINE MAGBANUA: That's what I'm getting confused. Is it because they said my name already or is it because he's saying the ex-girlfriend situation?
MS. KAWASS: well, up until this point, because this is where I know things might get --
MS. KAWASS: -- a little mushed over for you, he hasn't said anything -- he's already met with his mom.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: So we can assume that his mother showed him the paper or gave him the paper.
KATHERINE MAGBANUA: Okay.
MS. KAWASS: Right?
MS. KAWASS: And probably told him that they had said your name and Tuto's name?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: The next day is when you go and -- he said, I need to talk to you in person. And that's when the Dolce vita meeting is?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now, you saw this picture where it is -- it's a Mercedes and then you're behind in the Lexus, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That's not the same day as the meeting, though?
KATHERINE MAGBANUA: No. I don't even know when they got that picture.
MS. KAWASS: Because y'all are not wearing the same things that you are in Dolce Vita?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did you go into a car and sit down with him before? Do you remember doing that?
KATHERINE MAGBANUA: I don't recall that.
MS. KAWASS: All right.
KATHERINE MAGBANUA: That was the first time I heard it, when they were talking about it. I was like, I don't recall that.
MS. KAWASS: You don't remember going and sitting in his car for 10 minutes and then --
KATHERINE MAGBANUA: Going.
MS. KAWASS: -- leaving the car and going to go meet at Dolce Vita?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: The safest place, if you guys were going to be talking about something that you shouldn't be, would be in his car?
KATHERINE MAGBANUA: In the car.
MS. KAWASS: So you then go to Dolce Vita. Try your best, because I know we've spoken about this over, and over, and over again. And you have been asked over, and over again what you can remember --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- about that meeting?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, we now have an enhancement, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: we didn't have that in 2019, right?
MS. KAWASS: In 2019 you were interviewed by Georgia Cappleman and Jason Newlin?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You heard her reference that meeting as a joke?
KATHERINE MAGBANUA: Not to me.
MS. KAWASS: Okay. It wasn't a joke to you, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: where did that meeting take place?
KATHERINE MAGBANUA: In Leon County Jail.
MS. KAWASS: Okay. And had you any idea that they were coming to talk to you?
KATHERINE MAGBANUA: No, ma'am. we actually, I think, just came back from like a pretrial -- I don't know. Like some court before trial was supposed to start that Monday. And then, like, they just called me out. It was probably like -- it was pretty late already.
MS. KAWASS: It was at night?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you were told that, basically, they're coming to talk and interview you?
KATHERINE MAGBANUA: well, they said --
MS. DUGAN: Objection to leading.
JUDGE WHEELER: All right. There's a lot of leading questions.
MS. KAWASS: Judge, I'm so used to -- I'm not used to directing.
JUDGE WHEELER: Okay.
MS. KAWASS: So I'll switch it.
JUDGE WHEELER: All right.
MS. KAWASS: Just let me know.
BY MS. KAWASS:
MS. KAWASS: All right. So what was your -- were you prepped at all?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. And Ms. Cappleman and Jason Newlin sat in a room with you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: were they allowed to ask you whatever they wanted?
KATHERINE MAGBANUA: whatever they wanted.
MS. KAWASS: And you answered all their questions?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: They just didn't like your answers?
KATHERINE MAGBANUA: They did not like my answer.
MS. KAWASS: Okay. Because you said you have nothing to do and didn't know anything about the murder of Dan Markel?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now, they keep saying that doesn't make sense. But you haven't heard anything in this case, that's not Luis Rivera, that contradicts what you've been saying?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Now, I want to stick on the bump. Okay. So -- and Dolce Vita.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Explain to this jury, from what you remember -- because we don't have the whole first half of the conversation -- what was he saying to you?
KATHERINE MAGBANUA: I don't remember.
MS. KAWASS: Okay. Now, was he talking about the thing that happened the day before with his mom?
KATHERINE MAGBANUA: Not that I can recall. I don't know. The first 30 minutes of --
MS. KAWASS: Oh, no. I'm not even going to ask to pinpoint you to -- just anything in that conversation. Do you remember him talking about his mom, someone had come up to his mom?
KATHERINE MAGBANUA: Yes, ma'am. Yes. Yes. I thought you were talking about the first 30 minutes. I'm like, I don't remember what he was saying the first 30 minutes.
MS. KAWASS: So, for the jury, you can't sit here and say, Oh, he said X, Y and Z to me in the first 30 minutes?
KATHERINE MAGBANUA: Yes. No, ma'am.
MS. KAWASS: If we had the enhancement or a clear recording, we would be able to know exactly what he was saying to you.
KATHERINE MAGBANUA: They do have it, though. Because they played it the last time.
MS. KAWASS: A what?
KATHERINE MAGBANUA: The video.
MS. KAWASS: Oh, no. No. Right. You can play it, but you can't hear.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And it's not that you're not talking. You just can't hear what you're saying?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, describe for them what it is that he was saying. From what you can remember, was he giving you scenarios?
KATHERINE MAGBANUA: That's how he always talks. He talks in different scenarios on, and on, and on.
MS. KAWASS: Okay. And why were you -- did he mention Tallahassee?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did he mention a murder?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did he mention Dan Markel?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did he mention wendi's ex-husband?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. You heard that they said, oh, that he had said, This has been on the news and everywhere. Had he said murder to you, would you have remembered him saying that?
KATHERINE MAGBANUA: Yes, ma'am. It would have stuck out.
MS. KAWASS: was it unusual for Charlie to be nervous that the government was investigating him?
KATHERINE MAGBANUA: would it be normal?
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: Yeah. He's always sketched out about everything.
MS. KAWASS: He's sketched out about everything?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: So you even hear when he's talking to his mom, Is it the IRS?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So he didn't -- can you remember, specifically, what he said to you?
KATHERINE MAGBANUA: Not specifically, no.
MS. KAWASS: Okay. And he was telling you that the reason he was even coming to you was because they had said your name?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did that seem odd to you, that someone had said your name and Tuto's name to his mother?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: why would that seem strange?
KATHERINE MAGBANUA: why would anybody be mentioning my name or Tuto's name to him or his mother?
MS. KAWASS: And you and Sigfredo were together at that time?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: As far as you knew, Sigfredo did not know Donna Adelson?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: As far as you knew, there should be no reason why Sigfredo Garcia and Charles Adelson should even know each other?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So it's strange that -- to you, that you and Tuto are being said to --
KATHERINE MAGBANUA: Ms. Donna, yes, ma‘am.
MS. KAWASS: Donna Adelson, right?
Now, was he trying to convince you to call the number?
KATHERINE MAGBANUA: Yeah, he was trying to convince me the whole time. That's where he goes off on scenarios, and this is what I want you to do.
MS. KAWASS: Did he say to you in that meeting, because I have nothing to do with this?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: I don't know what's going on?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You know, You go and find out, and I hope that this is the police?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Doesn't sound like something that people who are conspiring to commit murder would say, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You would have been freaking out?
KATHERINE MAGBANUA: Yes, ma'am.
MS. DUGAN: Objection to leading.
BY MS. KAWASS:
MS. KAWASS: would you have been freaking out if that happened?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And are you able to fill in the gaps for the jury if you were to sit down and listen to that enhancement to try and fill in what it is? Do you even remember what you were saying to him?
KATHERINE MAGBANUA: No, I don't recall.
MS. KAWASS: All right. But did he ever show you that paper?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: You would have remembered if you saw an article about --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- a law professor that was murdered?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And in the video you can actually see him holding it down here (indicating)?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So you can't see it?
KATHERINE MAGBANUA: I did not see it.
MS. KAWASS: why did you agree to call the number? Explain to the jury why you agreed to call the number.
KATHERINE MAGBANUA: well, besides the fact that they were saying my name? I mean, I didn't -- you know, through the whole thing I never did call the number.
MS. KAWASS: So you were lying to Charles about calling the number?
MS. KAWASS: Okay. why were you lying to him about that?
KATHERINE MAGBANUA: well, why would I have to be the one calling the number for him? That's why -- it just -- I said because I had Tuto do it for me.
MS. KAWASS: So you had asked Sigfredo to call the number for you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And why did you ask Sigfredo to call?
KATHERINE MAGBANUA: Because they were mentioning our name.
MS. KAWASS: Okay. So would you have ever asked Tuto to do anything if they had only mentioned your name?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Because you wouldn't want him --
KATHERINE MAGBANUA: why would I -- exactly.
MS. KAWASS: Explain.
KATHERINE MAGBANUA: why would I involve him in it?
MS. KAWASS: Okay. You probably would have called them if they had just said your name?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And what -- do you remember what you told Sigfredo about the situation that was going on?
KATHERINE MAGBANUA: No. Not that I can recall, no.
MS. KAWASS: You don't know, specifically, what you told him?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: when you listen back to the call now, he sounds upset?
KATHERINE MAGBANUA: Sigfredo?
MS. KAWASS: Sigfredo.
KATHERINE MAGBANUA: Yes, he was.
MS. KAWASS: And you heard that call where -- well, it was minimized so some of it's missing -- where you and him are screaming at each other?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And in that phone call you're begging him to explain to you what happened?
KATHERINE MAGBANUA: what's going on.
MS. KAWASS: All right. Is that something that's regular with Sigfredo, that he just basically says, don't ask me anything?
KATHERINE MAGBANUA: Yeah. He always tells me, don’t worry about it.
MS. KAWASS: Okay. why do you think he does that?
KATHERINE MAGBANUA: He never wants me to know anything.
MS. KAWASS: Okay. Do you think he's trying to keep you out of trouble?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: So you heard when he told you, the less you know, the better?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And then even if you continued to press him, he just wouldn't give you an answer?
KATHERINE MAGBANUA: He just never -- he would never tell me.
MS. KAWASS: So why is it that you -- what was going on in your mind when this was going on? who did you think that this person could have possibly been?
KATHERINE MAGBANUA: well, the whole time, like, as -- because all those phone calls that they played wasn't all the phone calls. There's so many calls in between that. And that's why I was so frustrated by the time -- at the end of the call when I'n, basically, screaming at Charlie, because he's been going on, and on, and on about this for a number of phone calls.
MS. KAWASS: Okay. And he never said -- you never hear him say, Don't talk on the phone, Katie?
KATHERINE MAGBANUA: No, he never told me that.
MS. KAWASS: The only one that said that to you was Sigfredo?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You've heard Charles tell --
KATHERINE MAGBANUA: His mother.
MS. KAWASS: -- his mom not to talk on the phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. And why on that day, explain to the jury, because you can hear the frustration in your voice of -- I mean, you're screaming at him to call the FBI.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Explain to them where -- what point had you reached there with him, with Charlie?
KATHERINE MAGBANUA: well, that's what I said. He kept on and on. Kept talking about this over, and over, and over. And I was just like, Call the cops, call the FBI, why are they harassing?
But like I told you the whole time, since I don't know when they had mentioned about a brother and Tato and all that stuff, so I thought it had to do with drugs. Or somebody that's trying to extort money from his family, which is, like, from Tato's family, from somebody that Tato might know.
MS. KAWASS: Oh. So you were trying to investigate that maybe it was possibly someone that was linked to Sigfredo --
KATHERINE MAGBANUA: Through -- yeah.
MS. KAWASS: -- who knew you were dating a rich ex-boyfriend?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: Okay. So because of Sigfredo's background, it didn't seem that unusual to you that someone might have done that?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. And who Sigfredo used to hang around with?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. And why didn't you call the police?
KATHERINE MAGBANUA: How was I going to call the police when somebody else was getting harassed? Like, I would sound weird. Like, what am I going to tell them, I have a friend that their mom is getting harassed that mentioned my name, so you need to go investigate them?
MS. KAWASS: If they had walked up to you, would you have called the cops?
KATHERINE MAGBANUA: If who walked up to me?
MS. KAWASS: Someone walked up to you and tried --
KATHERINE MAGBANUA: Oh. Yes, I would.
MS. KAWASS: Okay. Now, all of this is going on, it's very weird. You know, we haven't heard all the phone calls, but you know your phone was tapped all the way up until Sigfredo was arrested, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Is there a phone call that records what you were going -- or on the day that Isom and -- well, now you know it's Isom -- came to your house and was banging on the door?
KATHERINE MAGBANUA: Was there a phone call that was recorded? I believe so now, yeah.
MS. KAWASS: Okay. And did you know it was the police at the door?
KATHERINE MAGBANUA: No. They did not say who they were.
MS. KAWASS: Okay. What did you hear, just a banging?
KATHERINE MAGBANUA: A loud banging. And you can't even look -- I looked out the window and you can't even see them. Like, they were all the way to the side.
MS. KAWASS: Was there a marked police car in your driveway?
KATHERINE MAGBANUA: No, ma'am. There was no cars in front of my driveway.
MS. KAWASS: No one said, It's the police, we need to speak to you about something important?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. You then find out that the FBI went and interviewed Sigfredo?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did this worry you in any way?
KATHERINE MAGBANUA: Of course.
MS. KAWASS: And is that because Sigfredo isn't, you know, clean as a whistle?
KATHERINE MAGBANUA: Exactly. I didn't know what he was getting in trouble for.
MS. KAWASS: You weren't worried about him having anything to do with a homicide. You just worried, Oh, my God, is this something to do about, you know, the drugs or anything that he does?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So when he gets arrested on May 25th, 2016, okay, your phone is still being tapped, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And the only thing that they release is that Sigfredo Garcia has been arrested for a murder that's occurred in Tallahassee?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So at this time, if you were involved and they're monitoring your phone, we'd probably hear something on those calls, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: what were you doing at that time after he got arrested?
KATHERINE MAGBANUA: After he got arrested?
MS. KAWASS: Yeah. with your apartment or your home?
KATHERINE MAGBANUA: Oh. well, I had to get out of that house.
MS. KAWASS: Explain to the jury why it is that you were leaving that house when you found out the FBI was investigating Sigfredo?
KATHERINE MAGBANUA: well, he got -- like, this is after he got arrested, correct?
MS. KAWASS: Uh-huh.
KATHERINE MAGBANUA: well, after he got arrested my brother told me, you should just get your stuff and move up here because we don't know what he was getting in trouble for at that time. I don't know if I already was, you know, I looked up online what, you know, like, his arrest was for. But he just wanted me to be close with the kids over there, up north in Tamarac.
MS. KAWASS: So up north -- even though you left a 305 area code, all you did was go move closer to your brother?
KATHERINE MAGBANUA: Yes, ma'am. I still had the apartment. TI still had the apartment. But, eventually, I even had to talk to my landlord, can you give me some time so I can get all my stuff out and move out, because I wasn't going to be able to stay there.
MS. KAWASS: And at that time, what was it like in the media with Sigfredo being arrested, amongst your community and circle of friends?
KATHERINE MAGBANUA: well, everybody was kind of like blowing up my phone. And I was, like, really distraught. I don't know why none of those phone calls are played. But I was just -- I didn't know what was going on. I tried to retain an attorney for him. And I was just trying to figure everything out.
MS. KAWASS: Now, they plucked Sigfredo out of your life and put him in a jail, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Since that day, have you ever been in a position to sit down and talk to Sigfredo about what happened?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: why is that?
KATHERINE MAGBANUA: He's been in jail the whole time.
MS. KAWASS: Okay. And every call or anything he makes --
KATHERINE MAGBANUA: Is all monitored.
MS. KAWASS: And he would say to you, Don't talk to me about this?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. So you never, ever had that chance, even though you wanted to?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: To answer the questions about what his involvement is in this case is?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: So then a week later we find out Luis Rivera gets charged?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And is that when they release all the warrants in the media?
KATHERINE MAGBANUA: You know, honestly, I don't even remember, like, what -- like, time-frame wise, I don't remember, once he got arrested, what they put out. I was just worried about Sigfredo.
MS. KAWASS: Now, isn't it true -- so you retained an attorney for Sigfredo, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That's Jim Luis.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And Jim Luis was telling you that the FBI and the -- they want to talk to you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But he wouldn't tell you what about?
KATHERINE MAGBANUA: Exactly. I kept asking him. He's like, You might need to retain an attorney yourself. I'm like, why would I need to retain an attorney? And then he was like, It's just best. They're trying to speak to you. And I was like, who's trying to speak to me? And that's when I was just like, I have no idea what's going on. But I don't know what was released yet.
MS. KAWASS: Okay. But it was clear to you that somehow -- I mean, they had shown up at your house, you find that out now?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And that even after he was arrested, they wanted you to come and talk to them?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: But they wouldn't tell you what they wanted to talk to you about?
KATHERINE MAGBANUA: what it was for, yes, ma'am.
MS. KAWASS: And the person who had been arrested was the father of your kids?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: During that summer, because that happens in June, had it been released in the media, a document calling for your arrest?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And it was prepared by the Tallahassee Police Department, correct?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And it was how long?
KATHERINE MAGBANUA: Nineteen pages.
MS. KAWASS: All right. And it got released to the media?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did it, basically, outline your involvement in a homicide for Dan Markel?
MS. DUGAN: Objection, leading.
BY MS. KAWASS:
MS. KAWASS: Did it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And this was just out for anyone to click and read?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did you seek out the assistance of an attorney at that time?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Was clear -- was it clear to you that they considered you a suspect?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Did they at any time after that try to get you to come in or talk to you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Did they ever offer you a State subpoena, like they did with wendi Adelson, to get you to come in?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: All right. So you're just in the dark?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Then in August of 2016, did you find out that they were trying to get your medical records?
KATHERINE MAGBANUA: Yes, ma'am. You had to come up here and, basically, had a court date for that.
MS. KAWASS: And then that was turned over?
KATHERINE MAGBANUA: Yes, ma'am. We proved everything. we showed all -- like, the payment. And still kept on.
MS. KAWASS: So then, even after that, there was a 20/20 special that was released to the media, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Were you out at that time?
KATHERINE MAGBANUA: Yes, ma'am. well, I believe it was Sigfredo's attorney that told me that there was going to be something on 20/20. And I was like, what do you mean, like, the national news? And he's like, Yes, you know, just tune in. I watched it. And I didn't even know that they were following me, because there was surveillance on that video where I was staying at in my brother's.
And I was just like -- I started freaking out because, you know, with my children, my niece and nephew, like, I don't know if it was safe where we -- you know, even where we were staying at.
MS. KAWASS: Okay. And did that show, basically, lay you out as being a middle person in this homicide?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did anyone from 20/20 try to reach out to you to try and find out any information from you?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Now, at the end of that episode, there was -- the two hosts came on --
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: -- and they said, we just received information that Luis Rivera is cooperating?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You remember that, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you and I talked after that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. If you were involved, you would have probably freaked out if you heard that, right?
MS. DUGAN: Objection, leading.
JUDGE WHEELER: That's sustained.
BY MS. KAWASS:
MS. KAWASS: Now, that was in September of 2016, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: They released this thing in the media. Your name is tarnished. And when is the next time that you have -- that something happens to you in regards to this case?
KATHERINE MAGBANUA: when I got arrested.
MS. KAWASS: All right. So let's talk about that day.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: where had you just come from?
KATHERINE MAGBANUA: I had just dropped off my -- well, I had a ballet recital for my daughter. And my son, thankfully, wanted to stay with my mom at that time. So I went with Caylee to the ballet recital. And then she wanted to go to her cousin's house, which was Sigfredo's mother's house, because all her other cousins were there. So I dropped her off there.
MS. KAWASS: That's a day you remember very clearly, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And you had actually sent a message to Tallahassee Police Department through your attorney that if you ever get a warrant, you will voluntarily turn yourself in?
KATHERINE MAGBANUA: Just to let you know and I'll come in.
MS. KAWASS: Okay. On October 1st, describe for the jury how it is that the police pulled you over and how many of them there were?
KATHERINE MAGBANUA: It was crazy because I was in a shopping plaza. Like, I had to get a couple of stuff for the kids. I just -- I think -- oh, no, I already got the food and dropped it off at his mom's house. And then I came back out and I went to the plaza to get some stuff. And as I was leaving the plaza, like, there was a little bit of congestion in one area, so I was just, like, maybe something happened or whatever.
MS. KAWASS: what car were you driving?
KATHERINE MAGBANUA: I was driving the Lexus.
MS. KAWASS: Okay. Continue.
KATHERINE MAGBANUA: As I was leaving the plaza, they just, like, swarms of, like, guys just had all these guns pointed at me telling me, stop the car, stop the car. So I put up my hands because at that time there was a lot of shootings that was happening. So the officers would, like, just shoot if they thought that you were -- you know, like you were doing something.
MS. KAWASS: Yeah.
KATHERINE MAGBANUA: So I put up my hands. And they're like, put it on park, put it on park, so I parked the car. And then I got out. And I was like -- that's when I was so nervous that I literally urinated on myself.
MS. KAWASS: And that's just from the way -- it's because of all these guns coming at you?
KATHERINE MAGBANUA: well, yeah.
MS. KAWASS: You thought you were going to get shot?
KATHERINE MAGBANUA: There was -- I mean, they had, like, the big guns. And they were all pointing it at me. A whole bunch of, like, SWAT Team.
MS. KAWASS: Broward SWAT, right?
KATHERINE MAGBANUA: I believe so.
MS. KAWASS: Now, there's two faces that you recognized that day, though, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You recognize them now?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: who are they?
KATHERINE MAGBANUA: Retired Isom and Sanford.
MS. KAWASS: Okay. And they actually took your phone from you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: The one that you -- the same one that they were monitoring --
KATHERINE MAGBANUA: I've always had. Yes, ma'am.
MS. KAWASS: You've always had. They unlocked the phone for you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And they allowed you to call me, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: To let me know that they were going to take you to jail?
KATHERINE MAGBANUA: Arresting me, yes, ma‘am.
MS. KAWASS: All right. Now, we had a conversation, right?
KATHERINE MAGBANUA: (Nods.)
MS. KAWASS: And then a couple of hours later, I came up to see you in the jail, right?
KATHERINE MAGBANUA: Yes, ma'am. well, they -- I don't -- I think they already had me handcuffed, so I don't know if they were -- like, it was unlocked. So then I think it was Isom, and he had me -- I'm like, Put it on speaker, and that's when I was talking to you. And then he walked away with my phone, and I don't know what he was talking to you about.
MS. KAWASS: So he had your unlocked phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: He could have gone through it if he wanted to?
KATHERINE MAGBANUA: whatever he wanted to do with it.
MS. KAWASS: But he's had it since then?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You haven't seen your phone again?
KATHERINE MAGBANUA: At all.
MS. KAWASS: Okay. Did any of them say anything to you?
MS. KAWASS: Okay. Now, when you go to the jail?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Myself -- and that's the first time you ever met Mr. DeCoste, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Did I have a warrant with me?
KATHERINE MAGBANUA: No, you didn't. Actually, I was asking you, why am I being arrested?
MS. KAWASS: Okay. And I wasn't able to tell you that, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: And why wasn't I able to tell you that?
MS. DUGAN: Objection to the relevance as to this line of questioning.
JUDGE WHEELER: Overruled.
KATHERINE MAGBANUA: You didn't have a warrant, and I wanted to know what I was getting arrested for.
BY MS. KAWASS:
MS. KAWASS: what information was I able to give you as to why all of a sudden they were able to arrest you?
KATHERINE MAGBANUA: At that time, I don't recall. I just know that, like, the warrant that you were trying to get was, like, redacted.
MS. KAWASS: well, it ended up being redacted?
KATHERINE MAGBANUA: Yeah.
MS. KAWASS: So we had no idea what had changed --
KATHERINE MAGBANUA: Exactly.
MS. KAWASS: -- from the 19-page probable cause affidavit to now give you probable cause?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Right. And when we were there I explained to you that now would be the time if you know anything.
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. And I had also explained to you that those detectives were there with the specific purpose of me talking to you about cooperating?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: we had that conversation?
KATHERINE MAGBANUA: Yes, we did.
MS. KAWASS: And I didn't have no idea what it was, evidence that they had against you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Right? what did you tell me?
KATHERINE MAGBANUA: That day?
MS. KAWASS: That day.
KATHERINE MAGBANUA: That who wanted to talk.
MS. KAWASS: I said, If you know anything at all, talk now?
MS. DUGAN: Objection to hearsay.
JUDGE WHEELER: Overruled.
BY MS. KAWASS:
MS. KAWASS: Okay.
KATHERINE MAGBANUA: I knew nothing.
MS. KAWASS: All right. were you under the belief that if you did have the information they sought, that I would be able to get you home?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. After that, were you then transported to Leon County?
KATHERINE MAGBANUA: I believe I stayed there for, like, ten days. we were still trying to figure out, like, what was going on, what was the whole probable cause. And I think they transported me, like, probably on the tenth day.
MS. KAWASS: And it wasn't until October 4th, when Luis Rivera cooperated, that we found out what it was?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That he had said that he heard you on the phone?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And then that's why you got arrested?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Now, we previously spoke -- oh, wait -- no. we previously spoke about a meeting that you had in the jail in 2019 with Jason Newlin and Ms. Cappleman, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: That's not the only time that you've answered questions for them, right?
KATHERINE MAGBANUA: No, ma'am.
MS. KAWASS: Okay. You -- Ms. Cappleman had the opportunity to question you all she wanted under oath, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: And the jury was able to get snippets of that testimony during the course of their case in chief?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: How long had you been questioned, more than a few hours?
KATHERINE MAGBANUA: That's why I was so surprised that I had to do this all over again, because I did four-hour testimony that day.
MS. KAWASS: Okay. And you explained to them and to whoever was listening everything you knew about Dan Markel?
KATHERINE MAGBANUA: Everything. She was free to ask me anything she wanted.
MS. KAWASS: Everything you knew about Charlie Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Everything you knew about Sigfredo Garcia?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: You've heard, also, that the State said that they wanted you to cooperate?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Okay. Now, you tried?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: why do you think that this is not -- that it didn't turn into anything else?
KATHERINE MAGBANUA: It's not the answer they wanted.
MS. KAWASS: Okay. what do you think that it is that they want from you?
KATHERINE MAGBANUA: what do I think --
MS. KAWASS: what do you believe they want from you, in terms of cooperation?
KATHERINE MAGBANUA: well, they wanted Charlie.
MS. DUGAN: Objection to speculation.
JUDGE WHEELER: That's sustained. Ask another question.
MS. KAWASS: Okay.
BY MS. KAWASS:
MS. KAWASS: Did you know that they wanted to arrest Charlie Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Charles Adelson has been free up until a month ago?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: All right. Back in 2019 when I asked you, do you think he's guilty?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: what did you say?
KATHERINE MAGBANUA: After seeing everything, yes.
MS. KAWASS: To this day, do you think he's guilty?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you believe that he should be prosecuted for his involvement in the murder of Dan Markel?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Do you think he should come forward and let the jury know you had nothing to do with this?
KATHERINE MAGBANUA: Yes, ma'am. That's why I just don't understand why I'm still doing this right now when he just got arrested a month ago. And I said on the last trial, well, after seeing all of this, you should arrest him. And still, nothing. Until, I guess, I don't know if it's the Dolce Vita video, which I already testified to. And I already said exactly what was happening, to my recollection of that day. And it took them three years to enhance a video that I testified for three years ago.
MS. KAWASS: So, in your mind, nothing has changed?
KATHERINE MAGBANUA: Nothing has changed. I actually told them what happened from what I recollected on my last testimony three years ago.
MS. KAWASS: And it turns out that that's consistent with the Dolce Vita video?
KATHERINE MAGBANUA: Yes, ma'am.
MS. KAWASS: Your Honor, can I have a moment, please?
JUDGE WHEELER: Yes.
MS. KAWASS: Thank you, Judge.
No further questions. Thank you, Judge.
JUDGE WHEELER: Okay. we'll take a short break before cross-examination. we're just going to take a ten-minute break. And we will start back at quarter to three.
So the deputy will take you back. And then we'll be back out promptly. Okay. So that we can stay on schedule for today.
(Jury exits.)
JUDGE WHEELER: All right. Jury's out of the courtroom. The door is closed. We're going to take a short ten-minute break.
Ms. Dugan, are you doing the cross-examination?
MS. DUGAN: Yes, sir.
JUDGE WHEELER: Okay. All right. So be mindful of the time that we're dealing with. I don't think we should have any issues. we'll start back at quarter to three and then we'll continue with it.
Okay. Ms. Magbanua, if you need to stretch your legs or get some water over there, I'll leave it up to the deputy to take care of that.
we'll be in recess for ten minutes.
(A recess was had.)
JUDGE WHEELER: All right. Looks like we're ready to go.
MS. DUGAN: Judge, sorry, before we get started, I showed the defense several messages from discovery that I intend to show Ms. Magbanua. It's a composite exhibit. I'd like to label it State's Exhibit 136.
JUDGE WHEELER: All right. So the defense has had an opportunity to take a look?
MS. KAWASS: Yes, Your Honor.
JUDGE WHEELER: Okay. So it's a composite exhibit, State's Exhibit 136?
MS. DUGAN: Yes, sir.
JUDGE WHEELER: All right. So just ask at the appropriate time. I'll ask if there's any objection at that time.
MS. DUGAN: Yes, sir.
MS. KAWASS: Thank you, Judge.
JUDGE WHEELER: Okay. Let's bring the jury in, please.
(jury enters.)