2.Sherry Bennett — Direct/Cross
164 linesJUDGE WHEELER: Okay. Good morning, everyone. Please be seated. The State has rested its case, as you Saw yesterday. And so we're now ready to proceed with the defense portion of the case.
And, Mr. Decoste, the defense may call its first witness.
MR. DECOSTE: Thank you, Your Honor. Good morning.
The defense calls Sergeant Sherri Bennett.
JUDGE WHEELER: Sergeant Sherri Bennett, please. Somebody will need to go out and get her, Mr. DeCoste.
MR. DECOSTE: I can get her.
JUDGE WHEELER: Okay. Good morning.
SHERRY BENNETT: Good morning.
JUDGE WHEELER: Before you have a seat, we're going to swear you in. Please raise your right hand, respond to the clerk.
whereupon, OFFICER SHERRI BENNETT, was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE WHEELER: Please have a seat.
DIRECT EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Sergeant, good morning. If you could please introduce yourself to the jury.
SHERRY BENNETT: I'm Officer Sherri Bennett with the Tallahassee Police Department.
MR. DECOSTE: My apology. JI upped your rank.
SHERRY BENNETT: Yes.
MR. DECOSTE: All right. what was your involvement in this case? At one time you were an investigator, correct?
SHERRY BENNETT: Correct.
MR. DECOSTE: And you were involved in this case. If you could explain to the jury your involvement.
SHERRY BENNETT: I was initially involved with assisting with some of the paper work, typing up search warrants, subpoenas, and a lot of the data that has been collected by the other investigators and putting it together for orders that were needed.
MR. DECOSTE: At one point in time did you do a phone interview of a witness Jessica Rodriguez?
SHERRY BENNETT: Yes, I did.
MR. DECOSTE: All right. Now, that's one of the topics that we're going to talk about. That's the second one. Let's go to the first topic, which is the arrest warrant of Ms. Magbanua. Were you involved in that?
SHERRY BENNETT: Yes. I presented the arrest warrant to the judge to be signed.
MR. DECOSTE: After an arrest warrant is presented to a judge and signed, what is done with it?
SHERRY BENNETT: It is usually entered into NCIC/FCIC at the Clerk of Courts. I believe this one was signed after hours.
MR. DECOSTE: And once you enter it into the system, would it be available, let's say the next business day, to your colleagues?
SHERRY BENNETT: Yes.
MR. DECOSTE: Does it even matter whether it's a business day?
SHERRY BENNETT: Yes.
MR. DECOSTE: All right.
SHERRY BENNETT: If it's entered after hours, it is temporarily entered. It is not available through the Clerk of Courts. Therefore, a copy has to be sent to someone until the Clerk of Courts opens the next business hours.
MR. DECOSTE: Now, that's through the courthouse. But throughout TPD, Tallahassee Police Department, your colleagues at TPD would have access to those documents, right?
MR. DECOSTE: The other officers that you're working on the case, Investigator Craig Isom, he would have access to the arrest warrant, correct?
SHERRY BENNETT: Yes. I sent it to him directly.
MR. DECOSTE: when did you send it to him?
SHERRY BENNETT: After it was signed, that same night.
MR. DECOSTE: Do you have any reason to believe that he didn't receive it?
MR. DECOSTE: How did you send it to him?
SHERRY BENNETT: Through e-mail.
MR. DECOSTE: All right. Now, let's go to Jessica Rodriguez. who is Jessica Rodriguez in relation to this case?
SHERRY BENNETT: She is the girlfriend of Rivera.
MR. DECOSTE: Do you remember when you did a phone interview of Jessica Rodriguez?
SHERRY BENNETT: I believe it was September 30th of 20 -- give mea second -- 2016.
MR. DECOSTE: And, if you know, if you could explain to the jury the relation of that date to Luis Rivera's cooperation?
SHERRY BENNETT: I was aware he was, at the time, in an interview with detective -- or Investigator Isom and Pat Sanford.
MR. DECOSTE: So on September 30, 2016, Agent Sanford and Investigator Isom meet with Luis Rivera and they inform you that there's cooperation happening?
SHERRY BENNETT: Yes.
MR. DECOSTE: And what was the reason for your phone call to Jessica Rodriguez?
SHERRY BENNETT: I was summoned to the State Attorney's Office to make the call regarding her providing a statement.
MR. DECOSTE: Was it your understanding that Luis Rivera was allowed to speak to her before that phone interview?
SHERRY BENNETT: I'm unaware.
MR. DECOSTE: was this phone call recorded?
SHERRY BENNETT: Yes, it was.
MR. DECOSTE: Your Honor, may I publish?
JUDGE WHEELER: You may.
(Audio playing.)
MR. DECOSTE: Hello.
SHERRY BENNETT: Hello. Can I speak with Jessica, please?
MR. DECOSTE: This is she. How can I help you?
SHERRY BENNETT: Hi. This is Investigator Sherri Bennett with the Tallahassee Police Department. Were you aware that I was going to be calling you?
MR. DECOSTE: Yes.
SHERRY BENNETT: Okay. Before we get started, I just want to verify you are who you are. Can you give me the last four digits of your social security number?
MR. DECOSTE: 5873. How long is this going to take? Because I'm working right now.
SHERRY BENNETT: It shouldn't take very long. Just a few minutes. And can you tell me your full name, please?
MR. DECOSTE: Give me one second.
SHERRY BENNETT: Okay.
MR. DECOSTE: Jessica Rodriguez.
SHERRY BENNETT: All right. Jessica, and are you comfortable talking to us without an attorney present?
MR. DECOSTE: Yes, I am.
SHERRY BENNETT: Okay. So from my understanding is you received a large sum of money for Luis Rivera; is that correct?
MR. DECOSTE: I received a bag that had money in it. My understanding, it was supposed to be money and drugs in it. But then now I come to find out that it was just money. I never really looked inside the bag. I was told what it was.
SHERRY BENNETT: Okay. When was this that you received this?
MR. DECOSTE: To be honest, I don't remember. My daughter was just newborn, so I'm guessing August, September. I can't say a time. I don't want to tell you something and then it be a lie. Because I really don't remember.
SHERRY BENNETT: Right.
MR. DECOSTE: I know my daughter -- I had my daughter in -- I had my daughter in June, so my daughter had to be at least two months, I think. Two months or a month.
SHERRY BENNETT: Okay. What year?
MR. DECOSTE: 2014 she was born.
SHERRY BENNETT: Okay. Where were you when you received this money?
MR. DECOSTE: I was home.
SHERRY BENNETT: Okay. What was your address at that time?
MR. DECOSTE: It was 135th Street. I don't remember the -- 11 -- I don't remember the beginning of it. I just remember it was apartments on 135th Street.
SHERRY BENNETT: Okay. And who brought the money over to you?
MR. DECOSTE: Tuto and Katie.
SHERRY BENNETT: Tuto and Katie?
MR. DECOSTE: Yes.
SHERRY BENNETT: Okay. And what did they say when they brought it over to you? Did you know they were coming with it?
MR. DECOSTE: No. They just showed up at the house. To me, it was my knowledge, for them to see the baby. Because I hadn't seen them in a while. They showed up to the house. He had a bag. He said, This is for T. I said, What is it for? He was like, Oh, don't worry about it. I'm like, Okay, whatever.
I put the bag away. Katie was looking at the baby. I was trying to get it out of her. You know, like, what did he just bring, you know, Tato or whatever. But she was also, like, oh, I don't know, he just picked me up. I don't know what's going on. I just came to see the baby.
I said, Okay, no problem. But as soon as they were there, let's say, ten minutes looking at the baby, I guess he called my husband. And my husband rushed from wherever he was at to get it. Obviously, you know, if I would have stayed longer I would have opened it to see what was in it.
SHERRY BENNETT: Right. And when you say "your husband" you mean Luis Rivera, correct?
MR. DECOSTE: Tato, yes.
SHERRY BENNETT: Tato.
MR. DECOSTE: Yes.
SHERRY BENNETT: All right. Can you describe the bag it was in?
MR. DECOSTE: It was in, like, a Publix bag. It was like a grocery bag. It was in nothing, like, fancy or major or nothing like that. It was, like, flat in a grocery bag.
SHERRY BENNETT: Like a plastic grocery bag?
MR. DECOSTE: Yeah, like a plastic grocery bag. And I don't know what was inside of it. They wrapped it. I thought it was, like, a brick of, like, cocaine or something because it felt like a brick. So my first thing was, you're bringing drugs into my house and I kept asking questions, what is this for. Inside -- inside it was, like, a couple of grocery bags wrapped around one and tied.
SHERRY BENNETT: All right. And was there anybody else there when this happened?
MR. DECOSTE: No.
SHERRY BENNETT: Just you and the baby?
MR. DECOSTE: Yes, just me and the baby.
SHERRY BENNETT: And then it was Katie and Tuto that showed up and then Rivera came home?
MR. DECOSTE: Yeah. Well, Tuto went upstairs first. And he opened the door and I said, Where's Katie? He's like, In the car. That's when I went out to the balcony and I said, You're not going to see your niece? And she started laughing and that's when she came upstairs. But it was, like, within a couple of seconds of me opening the door to him.
SHERRY BENNETT: And what is the actual legal name for Tuto? What do you know Tuto as? I know Tuto is his nickname.
MR. DECOSTE: Yeah. We know him as Tuto. I believe his last name is Garcia. His first name is really weird to pronounce, like, Sigfredo or some crap like that.
SHERRY BENNETT: All right. Is there anything else about that night that stands out to you? Anything you can think of? Did they say anything specific?
MR. DECOSTE: They didn't say anything. Once Luis got there, they haven't really left before Luis got there. But once Luis got there, he grabbed the bag and he left. The bag was never, after that moment, back in my house or anything like that.
(Audio stopped.)
BY MR. DECOSTE:
MR. DECOSTE: Officer Bennett, just a few seconds on this, just to make sure that it's clear. Do you know who Tuto is?
SHERRY BENNETT: Yes.
MR. DECOSTE: Who is that?
SHERRY BENNETT: Tuto is Sigfredo Garcia.
MR. DECOSTE: And who is Tato?
SHERRY BENNETT: That is Luis Rivera.
MR. DECOSTE: And you would agree with me that there was interchangeable using names and nicknames in that call?
SHERRY BENNETT: Yes.
MR. DECOSTE: Is your understanding that what Jessica Rodriguez is saying is that Garcia and Katherine come to the house, and that they leave before Rivera even gets there?
SHERRY BENNETT: Yes.
MR. DECOSTE: At one point in time you were co-lead investigator on this case?
SHERRY BENNETT: Yes.
MR. DECOSTE: The alleged payment that Luis Rivera talks about, he says it happens on July 19th, right?
SHERRY BENNETT: I'm unaware of what he said.
MR. DECOSTE: Your understanding is that it was the day after the murder?
SHERRY BENNETT: I don't recall.
MR. DECOSTE: You do recall that Jessica Rodriguez, though, said that this happened in August or September?
SHERRY BENNETT: Yes.
MR. DECOSTE: And that that bag was given to her by Sigfredo Garcia?
SHERRY BENNETT: Yes.
MR. DECOSTE: And that Katherine Magbanua had no idea?
SHERRY BENNETT: She did not say that.
MR. DECOSTE: She did not say that she pressed Katherine Magbanua and that she didn't know anything?
SHERRY BENNETT: I don't recall about the bag.
MR. DECOSTE: with respect to what was going on?
SHERRY BENNETT: Oh, yes.
MR. DECOSTE: One brief moment, Your Honor?
All set, Your Honor. Nothing further.
JUDGE WHEELER: Cross-examination?
CROSS- EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what she actually said about the dates was that she couldn't remember, right?
SHERRY BENNETT: Yes.
MS. CAPPLEMAN: That it was shortly after her daughter was born, which we learned in this trial was June 27th?
SHERRY BENNETT: Yes.
MS. CAPPLEMAN: And what she said is her best guess is August or September, but she doesn't want to say for sure because she can't be sure. She had her daughter in June, so my daughter had to be at least two -- two months or a month?
SHERRY BENNETT: That is correct.
MS. CAPPLEMAN: So a month from June 27th would be July 27th, two months would be August 27th?
SHERRY BENNETT: Correct.
MS. CAPPLEMAN: So somewhere in that neighborhood, but she couldn't tell you the date?
SHERRY BENNETT: Correct.
MS. CAPPLEMAN: One moment, please.
JUDGE WHEELER: Okay.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Regarding whether or not Katie knew what was going on. Was there ever a question and answer in your interview about whether or not Katie knew what was going on?
MS. CAPPLEMAN: Okay. She said that Jessica Rodriguez told you that she asked Katie what was in the bag and Katie said she didn't know?
SHERRY BENNETT: Correct.
MS. CAPPLEMAN: But she didn't say she didn't know what was going on?
SHERRY BENNETT: Correct.
MS. CAPPLEMAN: All right. Thank you.
MS. CAPPLEMAN: Nothing further.
JUDGE WHEELER: Redirect?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: Okay. We can excuse the witness. She's free to go?
MR. DECOSTE: Yes, sir.
JUDGE WHEELER: Okay. All right. Thank you, officer. Have a good day.
MR. DECOSTE: Your Honor, I need to step out for one moment, see if our next witness is here.