1 00:00:03,630 --> 00:00:06,049 [somber music] 2 00:00:06,132 --> 00:00:08,176 ‐ It's incredibly rare for criminal defendants 3 00:00:08,218 --> 00:00:10,178 to take the stand in their own defense. 4 00:00:10,262 --> 00:00:12,013 It's a risk very few take. 5 00:00:12,097 --> 00:00:14,975 At stake is freedom or even life. 6 00:00:16,560 --> 00:00:17,852 This is Katie Magbanua, 7 00:00:17,936 --> 00:00:19,854 one of three suspects charged with murder 8 00:00:19,938 --> 00:00:23,275 in the hit man for hire case of Dan Markel. 9 00:00:24,401 --> 00:00:26,111 She's decided to take that gamble. 10 00:00:26,236 --> 00:00:28,363 Could it help her convince the jury she's not guilty? 11 00:00:28,446 --> 00:00:30,198 ‐ Did he tell you that his brother‐in‐law 12 00:00:30,282 --> 00:00:31,533 had been shot twice? 13 00:00:31,658 --> 00:00:33,076 ‐ No, ma'am. 14 00:00:33,201 --> 00:00:34,411 ‐ Okay. He didn't tell you he had been murdered? 15 00:00:34,494 --> 00:00:35,495 ‐ No, ma'am. 16 00:00:35,579 --> 00:00:37,080 ‐ Or will it come back to haunt her? 17 00:00:37,163 --> 00:00:38,873 ‐ Why did he put you on the payroll? 18 00:00:38,999 --> 00:00:41,042 Was that as a favor? ‐ Yes, ma'am. 19 00:00:42,294 --> 00:00:43,920 ‐ Not as payment for murder? ‐ No, ma'am. 20 00:00:44,004 --> 00:00:45,880 ‐ It's a courtside seat through the eyes 21 00:00:45,964 --> 00:00:48,508 of the Magbanua defense team, 22 00:00:48,633 --> 00:00:51,511 the attorney for the alleged shooter, 23 00:00:51,636 --> 00:00:54,639 the reporter who covered the story, 24 00:00:54,723 --> 00:00:57,976 one of the jurors who wishes to remain anonymous 25 00:00:58,059 --> 00:01:00,186 and in her very first interview, 26 00:01:00,228 --> 00:01:01,521 the defendant herself. 27 00:01:01,605 --> 00:01:04,649 I'm Dan Abrams, and this is "Under Oath." 28 00:01:04,733 --> 00:01:07,110 ‐ Raise your right hand. Do you solemnly swear‐‐ 29 00:01:07,193 --> 00:01:09,279 ‐ I'm being honest with everything I say to you. 30 00:01:09,362 --> 00:01:10,697 ‐ Do you solemnly swear‐‐ 31 00:01:10,780 --> 00:01:11,990 ‐ The whole truth and nothing but the truth? 32 00:01:12,073 --> 00:01:13,408 ‐ I would like to testify. 33 00:01:13,491 --> 00:01:14,993 ‐ The testimony you are about to give‐‐ 34 00:01:15,076 --> 00:01:16,578 the whole truth and nothing but the truth. 35 00:01:16,703 --> 00:01:18,622 ‐ So help you God. 36 00:01:18,747 --> 00:01:21,416 ♪ ♪ 37 00:01:21,499 --> 00:01:23,627 ‐ I have been a criminal defense attorney 38 00:01:23,752 --> 00:01:24,669 for over 10 years now. 39 00:01:24,753 --> 00:01:27,255 I've done over 50 trials, 40 00:01:27,339 --> 00:01:31,259 and I've had in my career five defendants take the stand. 41 00:01:31,343 --> 00:01:33,261 Taking the stand is not an easy thing. 42 00:01:33,386 --> 00:01:35,388 A lot of people who haven't been in the court system 43 00:01:35,472 --> 00:01:38,391 don't know what it's like to have all eyes on you. 44 00:01:38,516 --> 00:01:42,062 Did you have anything to do with the murder of Dan Markel? 45 00:01:42,187 --> 00:01:46,274 ‐ No, ma'am. ‐ Did you get the father 46 00:01:46,399 --> 00:01:50,612 of your children, Mr. Garcia, to commit a murder? 47 00:01:50,695 --> 00:01:52,447 ‐ No, ma'am. 48 00:01:55,492 --> 00:01:57,327 ‐ Katie Magbanua, mother of two, 49 00:01:57,410 --> 00:01:59,412 has been charged with conspiracy to commit murder, 50 00:01:59,537 --> 00:02:01,122 solicitation to commit murder 51 00:02:01,247 --> 00:02:03,958 and the first degree murder of Dan Markel, 52 00:02:04,084 --> 00:02:06,461 a Florida State University professor. 53 00:02:06,544 --> 00:02:09,547 She, along with the father of her children, Sigfredo Garcia, 54 00:02:09,673 --> 00:02:12,384 are standing trial in the hit man for hire killing 55 00:02:12,467 --> 00:02:14,427 of a man they had never met. 56 00:02:14,511 --> 00:02:16,304 Both have been charged on the same counts, 57 00:02:16,388 --> 00:02:18,723 but Garcia is accused of being the shooter 58 00:02:18,807 --> 00:02:20,392 and faces the death penalty. 59 00:02:20,517 --> 00:02:23,186 Katie Magbanua is facing 30 years to life. 60 00:02:23,269 --> 00:02:26,314 Magbanua has already turned down a plea deal, 61 00:02:26,398 --> 00:02:28,817 has been incarcerated for almost 3 years 62 00:02:28,900 --> 00:02:30,485 while awaiting trial. 63 00:02:30,568 --> 00:02:33,029 ‐ They offered her a get‐out‐of‐jail‐free card. 64 00:02:33,113 --> 00:02:35,615 I have never had a client in a homicide case 65 00:02:35,740 --> 00:02:40,203 ever be offered a key to get out of jail 66 00:02:40,245 --> 00:02:41,955 and they didn't take it before trial. 67 00:02:42,080 --> 00:02:45,625 She was adamant to me that she wanted someone to fight for her 68 00:02:45,750 --> 00:02:47,711 because she had nothing to do with this, 69 00:02:47,794 --> 00:02:53,174 and I love going to trial, and I love a fight. 70 00:02:53,258 --> 00:02:55,135 ‐ And that fight begins even before jury is chosen. 71 00:02:55,218 --> 00:02:57,429 You see, Katie Magbanua and Sigfredo Garcia 72 00:02:57,512 --> 00:02:59,472 have separate defense teams, 73 00:02:59,556 --> 00:03:01,182 but they're being tried together 74 00:03:01,307 --> 00:03:03,643 which is a big problem for Katie Magbanua 75 00:03:03,727 --> 00:03:05,186 because the prosecution 76 00:03:05,311 --> 00:03:07,021 is seeking the death penalty for Garcia. 77 00:03:07,105 --> 00:03:10,316 ‐ In the state of Florida to go forward on the death penalty, 78 00:03:10,400 --> 00:03:12,318 they have to death qualify a jury, 79 00:03:12,402 --> 00:03:13,695 and one of the important questions 80 00:03:13,778 --> 00:03:15,363 that need to be asked of that jury 81 00:03:15,447 --> 00:03:17,407 is what their position is on the death penalty. 82 00:03:17,532 --> 00:03:19,492 So when you have a death qualified jury, 83 00:03:19,576 --> 00:03:21,161 what you're getting are people 84 00:03:21,244 --> 00:03:23,079 that are okay with the death penalty. 85 00:03:23,204 --> 00:03:25,623 Those tend to be more conservative jurors, 86 00:03:25,749 --> 00:03:28,001 much more willing to punish jury 87 00:03:28,084 --> 00:03:31,004 than in a normal first degree nondeath murder trial. 88 00:03:31,087 --> 00:03:35,049 ‐ The judge forced us to try the case alongside Sigfredo. 89 00:03:35,175 --> 00:03:36,342 He never gave a reason. 90 00:03:36,426 --> 00:03:38,052 It was just always motion denied. 91 00:03:38,178 --> 00:03:39,512 ‐ As the trial begins, 92 00:03:39,554 --> 00:03:41,765 Sigfredo Garcia declines to testify. 93 00:03:41,890 --> 00:03:46,019 ‐ Sigfredo taking the stand was not something that was 94 00:03:46,102 --> 00:03:48,813 ever really in the discussion because 95 00:03:48,897 --> 00:03:51,858 he was concerned about potentially implicating 96 00:03:51,941 --> 00:03:53,401 or hurting Katie. 97 00:03:53,485 --> 00:03:55,487 ‐ But Katie Magbanua and her lawyers decide 98 00:03:55,570 --> 00:03:57,697 she should take the stand to try to prove 99 00:03:57,781 --> 00:03:59,699 once and for all her innocence. 100 00:03:59,783 --> 00:04:03,161 ‐ The prosecution wants you to believe that Katherine, 101 00:04:03,244 --> 00:04:05,830 a young, hardworking mother of two, 102 00:04:05,914 --> 00:04:09,167 took money to help coordinate the murder 103 00:04:09,250 --> 00:04:11,002 of a man she has never met. 104 00:04:11,085 --> 00:04:12,754 That makes no sense. 105 00:04:18,551 --> 00:04:20,303 Your Honor, at this time 106 00:04:20,386 --> 00:04:22,180 the defense calls Katherine Magbanua to the stand. 107 00:04:22,222 --> 00:04:24,140 ‐ All right. 108 00:04:24,224 --> 00:04:25,642 ‐ The goal of putting Katie on the stand 109 00:04:25,725 --> 00:04:28,728 was we wanted the jury to see her. 110 00:04:28,853 --> 00:04:32,315 We wanted them to know who Katherine Magbanua was, 111 00:04:32,398 --> 00:04:35,109 the young mother who worked so hard 112 00:04:35,193 --> 00:04:38,321 to do everything she could to be there for her kids, 113 00:04:38,404 --> 00:04:41,157 not this person that the prosecution 114 00:04:41,241 --> 00:04:43,535 was trying to paint was some, 115 00:04:43,660 --> 00:04:45,829 you know, money hungry person 116 00:04:45,912 --> 00:04:49,666 that is going to be involved in a homicide of a father‐‐ 117 00:04:49,749 --> 00:04:52,544 being a mother herself‐‐ for this money 118 00:04:52,669 --> 00:04:55,463 and risk being taken away from her kids. 119 00:04:55,547 --> 00:04:59,676 Did you have anything to do with the murder of Dan Markel? 120 00:04:59,801 --> 00:05:01,344 ‐ No, ma'am. 121 00:05:01,469 --> 00:05:03,471 ‐ The murder of Dan Markel is a complicated case. 122 00:05:03,555 --> 00:05:06,391 It's allegedly rooted in a bitter custody battle. 123 00:05:06,516 --> 00:05:08,726 According to prosecution, two separate groups 124 00:05:08,810 --> 00:05:11,187 conspired to murder Dan Markel. 125 00:05:11,271 --> 00:05:12,647 On the one side you have 126 00:05:12,730 --> 00:05:15,024 Dan Markel's ex‐wife, Wendi Adelson. 127 00:05:15,108 --> 00:05:18,486 The government believes her brother, Charlie Adelson, 128 00:05:18,570 --> 00:05:20,780 and her mother, Donna Adelson, 129 00:05:20,905 --> 00:05:22,699 were responsible for funding the hit, 130 00:05:22,824 --> 00:05:24,784 and neither of them have been charged. 131 00:05:24,909 --> 00:05:27,787 On the other side, you've got Katie Magbanua, 132 00:05:27,871 --> 00:05:31,541 Sigfredo Garcia and his childhood friend Luis Rivera, 133 00:05:31,624 --> 00:05:34,210 the three coconspirators allegedly hired 134 00:05:34,294 --> 00:05:37,005 to actually murder Dan Markel. 135 00:05:37,088 --> 00:05:38,882 Katie Magbanua has two children 136 00:05:39,007 --> 00:05:40,341 with Sigfredo Garcia, 137 00:05:40,425 --> 00:05:43,761 and she was dating Wendi Adelson's brother 138 00:05:43,887 --> 00:05:46,764 Charlie Adelson, around the time of the murder. 139 00:05:46,890 --> 00:05:49,642 She also worked for the dental clinic 140 00:05:49,726 --> 00:05:51,603 owned by Charlie Adelson's family. 141 00:05:51,686 --> 00:05:53,396 Now, the prosecution claims 142 00:05:53,521 --> 00:05:57,734 that the Adelsons paid Katie Magbanua $100,000 143 00:05:57,859 --> 00:06:00,028 to recruit the alleged hit man. 144 00:06:00,111 --> 00:06:05,325 ‐ On July 18th, 2014, this community suffered a blow 145 00:06:05,408 --> 00:06:07,911 when revered law professor, 146 00:06:08,036 --> 00:06:12,165 colleague, son, father, brother and friend 147 00:06:12,248 --> 00:06:15,877 was gunned down in broad daylight in his own home. 148 00:06:16,002 --> 00:06:19,797 What enemy or enemies had Mr. Markel made 149 00:06:19,881 --> 00:06:24,218 that set into motion such a brutal act? 150 00:06:24,344 --> 00:06:27,972 The answer: his own family. 151 00:06:28,056 --> 00:06:30,391 ‐ Dan Markel was a beloved law professor 152 00:06:30,516 --> 00:06:32,685 at Florida State University, 153 00:06:32,727 --> 00:06:35,813 and it did not appear that he had any sort of enemies. 154 00:06:35,897 --> 00:06:37,815 He was really well liked and well regarded 155 00:06:37,899 --> 00:06:41,736 by a lot of his peers, his students and the community. 156 00:06:41,861 --> 00:06:43,905 ♪ ♪ 157 00:06:44,030 --> 00:06:46,616 Wendi Adelson was Dan Markel's wife. 158 00:06:46,741 --> 00:06:49,118 They were married for about 7 years. 159 00:06:49,202 --> 00:06:51,537 ‐ They seemed to have this picturesque lifestyle. 160 00:06:51,621 --> 00:06:53,748 They moved to Tallahassee. He got a job at FSU. 161 00:06:53,831 --> 00:06:56,125 She also got a job as a professor, 162 00:06:56,250 --> 00:06:58,711 and they had what looked like a beautiful life 163 00:06:58,795 --> 00:07:00,672 in Tallahassee with their two boys, 164 00:07:00,755 --> 00:07:04,133 and somewhere down the road, their relationship fell apart. 165 00:07:04,217 --> 00:07:07,679 Wendi wanted to relocate to Miami with her boys 166 00:07:07,762 --> 00:07:09,806 because that's where her parents lived. 167 00:07:09,889 --> 00:07:12,850 ‐ Donna and Harvey Adelson are Wendi's parents. 168 00:07:12,976 --> 00:07:16,020 They live in Miami, and they run the Adelson Institute. 169 00:07:16,145 --> 00:07:19,565 They're prominent dentists down there, very well known. 170 00:07:19,649 --> 00:07:21,693 Donna is a big personality. 171 00:07:21,776 --> 00:07:25,613 She inserts herself into Wendi's life 172 00:07:25,738 --> 00:07:30,159 and Wendi's divorce. She did not like Dan Markel. 173 00:07:30,243 --> 00:07:33,496 ‐ Donna Adelson in these e‐mails refers to Dan Markel 174 00:07:33,579 --> 00:07:34,914 as a religious zealot, 175 00:07:34,998 --> 00:07:37,792 a bastard, and proposes a plan of action 176 00:07:37,875 --> 00:07:40,461 for how to threaten and/or bully 177 00:07:40,545 --> 00:07:44,632 and/or bribe Dan Markel into allowing Wendi 178 00:07:44,716 --> 00:07:47,176 to move to south Florida with the children. 179 00:07:47,301 --> 00:07:48,845 ♪ ♪ 180 00:07:48,970 --> 00:07:52,515 ‐ There was a court case where Dan Markel was trying 181 00:07:52,557 --> 00:07:55,643 to prohibit Wendi Adelson's parents 182 00:07:55,727 --> 00:07:59,355 from having unsupervised contact with the children 183 00:07:59,439 --> 00:08:01,899 because the children were saying that their grandmother 184 00:08:02,025 --> 00:08:06,529 was making disparaging remarks against Dan Markel. 185 00:08:06,571 --> 00:08:08,489 As this hearing is about to take place, 186 00:08:08,573 --> 00:08:10,742 Dan Markel is murdered. 187 00:08:25,006 --> 00:08:31,220 ‐ I noticed a car exiting Mr. Markel's driveway. 188 00:08:31,304 --> 00:08:34,182 It looked to me like a Prius. It was light colored. 189 00:08:34,265 --> 00:08:38,227 ‐ The last voicemail that we have from Dan Markel 190 00:08:38,352 --> 00:08:40,104 was him to Wendi Adelson 191 00:08:40,188 --> 00:08:43,357 after he had dropped his boys off at the daycare center 192 00:08:43,441 --> 00:08:46,069 and on the way to the gym. 193 00:08:46,194 --> 00:08:49,530 You see him on the video at Premier Fitness 194 00:08:49,614 --> 00:08:51,449 and know that he is just moments away. 195 00:08:51,574 --> 00:08:54,327 You almost want to, you know, yell at him and say, you know, 196 00:08:54,410 --> 00:08:55,828 "Don't go home." 197 00:08:55,912 --> 00:08:59,749 ‐ After about an hour, Markel exits the gym, 198 00:08:59,832 --> 00:09:02,418 proceeds to leave on his way home. 199 00:09:02,502 --> 00:09:05,838 As he pulls into his home, and then the witness said 200 00:09:05,963 --> 00:09:08,966 he heard what sounded like a gunshot, 201 00:09:09,050 --> 00:09:11,803 and that's when the prosecution's theory 202 00:09:11,886 --> 00:09:15,098 is that Dan Markel was shot. 203 00:09:15,181 --> 00:09:18,684 ‐ Daniel has been shot, okay? And we have to find out why 204 00:09:18,768 --> 00:09:21,521 and who did this. Can you help with that? 205 00:09:21,646 --> 00:09:23,022 ‐ I will try. ‐ Okay. 206 00:09:23,064 --> 00:09:25,399 ‐ Who would do this? ‐ I don't know. 207 00:09:25,525 --> 00:09:30,822 ‐ I mean, my brother, 208 00:09:30,905 --> 00:09:31,864 the one whose name is Charlie, 209 00:09:31,948 --> 00:09:33,825 the one I'm really close to‐‐ 210 00:09:33,908 --> 00:09:36,994 ‐ Charlie Adelson is a dentist down in Miami. 211 00:09:37,078 --> 00:09:38,663 He's well‐to‐do. 212 00:09:38,746 --> 00:09:41,541 Some of his girlfriends say he's a little eccentric. 213 00:09:41,624 --> 00:09:42,583 ‐ He knew Danny treated me badly, 214 00:09:42,708 --> 00:09:44,210 and it was always this joke. 215 00:09:44,335 --> 00:09:46,629 He said, "I, you know, I looked into hiring a hit man, 216 00:09:46,712 --> 00:09:48,840 and it was cheaper to get you this TV, 217 00:09:48,923 --> 00:09:51,134 so instead I got you this TV." 218 00:09:51,217 --> 00:09:55,221 Such a horrible thing to say. I'm so sorry. 219 00:09:55,346 --> 00:09:56,639 ‐ It's okay. 220 00:09:56,722 --> 00:09:58,349 ‐ In Wendi's initial conversation 221 00:09:58,474 --> 00:10:00,184 with investigators, 222 00:10:00,268 --> 00:10:03,020 she brings up a joke that her brother made. 223 00:10:03,104 --> 00:10:05,690 Now, this really raised the eyebrows for investigators, 224 00:10:05,773 --> 00:10:08,234 and at the same time other investigators 225 00:10:08,359 --> 00:10:10,027 are starting to look 226 00:10:10,111 --> 00:10:13,739 into the eyewitness report of this Prius. 227 00:10:13,865 --> 00:10:15,533 ‐ Investigators in Tallahassee were able to tie 228 00:10:15,616 --> 00:10:18,202 their movements to the gym 229 00:10:18,286 --> 00:10:21,831 where this Prius had been waiting for Dan Markel, 230 00:10:21,914 --> 00:10:24,876 and there was a public bus that had a camera. 231 00:10:24,959 --> 00:10:26,502 They were able to see this Toyota Prius 232 00:10:26,586 --> 00:10:30,339 was following Dan as he went home. 233 00:10:30,423 --> 00:10:33,301 ‐ The car pulls over at an ATM, 234 00:10:33,384 --> 00:10:35,511 and right there is direct evidence, surveillance video, 235 00:10:35,636 --> 00:10:37,346 of Luis Rivera and Sigfredo Garcia 236 00:10:37,471 --> 00:10:41,100 inside that silver Prius. 237 00:10:41,184 --> 00:10:43,019 Cell phone record data 238 00:10:43,102 --> 00:10:46,105 proves that Luis Rivera and Sigfredo Garcia 239 00:10:46,189 --> 00:10:49,108 were in the areas following Dan Markel. 240 00:10:49,233 --> 00:10:51,152 ‐ Looking at the, kind of the chronology of the cell sites 241 00:10:51,235 --> 00:10:52,820 that were utilized here, 242 00:10:52,904 --> 00:10:55,406 we can see it travel from Miami north 243 00:10:55,531 --> 00:10:57,450 to the Tallahassee area. 244 00:10:57,575 --> 00:10:59,577 ‐ Luis Rivera struck a deal with the prosecution 245 00:10:59,702 --> 00:11:01,704 and flipped, essentially giving up 246 00:11:01,746 --> 00:11:04,123 Sigfredo Garcia and Katie Magbanua. 247 00:11:04,207 --> 00:11:06,125 It signaled a turning point in this case. 248 00:11:06,209 --> 00:11:09,337 ‐ Luis Rivera agreed to a plea deal. 249 00:11:09,462 --> 00:11:11,464 He was given an additional 7 years 250 00:11:11,547 --> 00:11:13,966 tacked onto his 12‐year sentence 251 00:11:14,050 --> 00:11:17,386 that he was serving for gang‐related activities. 252 00:11:17,511 --> 00:11:19,013 ‐ He got the deal of a century. 253 00:11:19,096 --> 00:11:21,182 He only has to do another 7 years for killing someone. 254 00:11:21,307 --> 00:11:22,642 ‐ Sigfredo Garcia and Katherine Magbanua 255 00:11:22,725 --> 00:11:24,518 now on trial. 256 00:11:24,602 --> 00:11:27,480 ‐ Prosecutors claiming it was all fueled by a custody battle 257 00:11:27,563 --> 00:11:29,982 and the promise of a six‐figure payout. 258 00:11:30,066 --> 00:11:31,901 ‐ It takes 3 years from the day she was arrested 259 00:11:32,026 --> 00:11:35,029 to the day Katie Magbanua's trial begins, 260 00:11:35,154 --> 00:11:37,365 and the prosecution calls, of all people, 261 00:11:37,490 --> 00:11:41,327 Wendi Adelson to the stand, and she has immunity. 262 00:11:41,410 --> 00:11:42,995 ‐ That state subpoena 263 00:11:43,079 --> 00:11:44,288 gives you immunity for your testimony, right? 264 00:11:44,413 --> 00:11:46,165 ‐ Yes. 265 00:11:46,249 --> 00:11:47,875 ‐ So that means that anything you say today 266 00:11:47,959 --> 00:11:49,585 can't be used against you 267 00:11:49,710 --> 00:11:51,879 if the state decides to arrest you later on. 268 00:11:52,004 --> 00:11:55,091 ‐ The state isn't going to decide to arrest me. 269 00:12:00,304 --> 00:12:02,348 ‐ Katie Magbanua is facing life in prison 270 00:12:02,473 --> 00:12:04,308 for allegedly taking part 271 00:12:04,392 --> 00:12:06,852 in the murder of college professor Dan Markel. 272 00:12:06,936 --> 00:12:08,521 Prosecution believes she's the connection between the killers 273 00:12:08,604 --> 00:12:11,774 and the people who paid $100,000 for the killing. 274 00:12:11,899 --> 00:12:14,652 Now, Dan Markel's ex‐wife, Wendi Adelson, 275 00:12:14,735 --> 00:12:16,362 is set to take the stand. 276 00:12:16,445 --> 00:12:18,197 The prosecution doesn't believe she was involved, 277 00:12:18,322 --> 00:12:21,325 don't consider her a suspect, and she had an alibi, 278 00:12:21,409 --> 00:12:24,495 but when speaking with police she implicated her brother, 279 00:12:24,578 --> 00:12:28,833 Charlie Adelson, who happened to be dating Katie Magbanua 280 00:12:28,916 --> 00:12:31,002 around the time of the murder. 281 00:12:31,043 --> 00:12:34,046 ‐ The prosecution really needed to prove that Katie Magbanua 282 00:12:34,171 --> 00:12:36,674 was the missing piece to the puzzle. 283 00:12:36,757 --> 00:12:38,884 She is the go‐between Wendi's family 284 00:12:39,010 --> 00:12:41,053 and the murderers of Dan Markel. 285 00:12:41,178 --> 00:12:44,974 ‐ I don't think that they care whether or not 286 00:12:45,057 --> 00:12:46,517 Katie was involved. 287 00:12:46,642 --> 00:12:48,769 Katie is collateral damage to them. 288 00:12:48,894 --> 00:12:51,105 They just need to get their hands on Charlie Adelson, 289 00:12:51,230 --> 00:12:54,608 and they think the only way to do it is through Katherine. 290 00:12:54,734 --> 00:12:56,235 ‐ By putting Wendi Adelson on the stand, 291 00:12:56,360 --> 00:12:58,070 the prosecution hopes to show the connection 292 00:12:58,195 --> 00:13:00,865 between Katie Magbanua and Charlie Adelson 293 00:13:00,990 --> 00:13:03,284 and also to point out that the Adelson family 294 00:13:03,409 --> 00:13:06,329 had the money and motive to have Dan Markel killed. 295 00:13:06,412 --> 00:13:10,207 ‐ Were you involved in any way in a plot to kill Dan Markel? 296 00:13:10,333 --> 00:13:11,542 ‐ No. 297 00:13:11,625 --> 00:13:14,462 ‐ Do you have any knowledge of anyone being involved 298 00:13:14,545 --> 00:13:15,838 in a plot to kill your husband? 299 00:13:15,963 --> 00:13:18,215 ‐ No. ‐ And does your family 300 00:13:18,299 --> 00:13:21,093 have a dental practice in south Florida? 301 00:13:21,218 --> 00:13:23,346 ‐ They do. ‐ That they own and operate? 302 00:13:23,429 --> 00:13:24,555 ‐ They do. 303 00:13:24,680 --> 00:13:29,560 ‐ Is your family in south Florida wealthy, 304 00:13:29,685 --> 00:13:31,854 and that's a relative term? 305 00:13:31,896 --> 00:13:33,564 ‐ Are you asking me to speculate? 306 00:13:33,689 --> 00:13:35,316 ‐ No, I'm asking if they're wealthy. 307 00:13:35,399 --> 00:13:37,068 If you don't know, you say you don't know. 308 00:13:37,193 --> 00:13:39,195 ‐ It depends how you define wealthy. 309 00:13:39,278 --> 00:13:40,863 ‐ Okay. 310 00:13:40,946 --> 00:13:43,866 ‐ It was incredibly frustrating to every jury member 311 00:13:43,908 --> 00:13:47,036 that the Adelsons were not on trial. 312 00:13:47,078 --> 00:13:51,707 It was not lost on us that these low‐income 313 00:13:51,832 --> 00:13:55,378 ethnic minorities were on trial 314 00:13:55,461 --> 00:14:00,549 while the wealthy, privileged white people 315 00:14:00,674 --> 00:14:02,009 were at home with their children. 316 00:14:02,093 --> 00:14:04,011 ‐ What was frustrating was how much focus 317 00:14:04,095 --> 00:14:07,807 the government put on the Adelsons in a trial 318 00:14:07,890 --> 00:14:10,643 where none of the Adelsons were charged. 319 00:14:10,726 --> 00:14:12,436 I think that the government did that 320 00:14:12,561 --> 00:14:14,355 so that they could present more evidence in front of the jury. 321 00:14:14,438 --> 00:14:17,566 ‐ Do you remember your mom suggesting a plan 322 00:14:17,691 --> 00:14:21,904 to offer Danny $1 million to allow the relocation of you 323 00:14:21,987 --> 00:14:24,407 and your children to south Florida? 324 00:14:26,409 --> 00:14:29,495 ‐ I'm sure I knew about it at the time that it happened, 325 00:14:29,578 --> 00:14:33,457 and then I had my memory refreshed about it recently. 326 00:14:33,582 --> 00:14:36,752 ‐ Did Charlie ever say that he looked into hiring a hit man 327 00:14:36,877 --> 00:14:38,170 but buying you a TV 328 00:14:38,254 --> 00:14:40,339 as a divorce present would be cheaper? 329 00:14:40,423 --> 00:14:43,759 ‐ He did make that joke. He tended to repeat himself, 330 00:14:43,884 --> 00:14:47,847 and sometimes he would make jokes that weren't very funny. 331 00:14:47,972 --> 00:14:51,517 ‐ The prosecution wants to prosecute members 332 00:14:51,600 --> 00:14:53,018 of the Adelson family, 333 00:14:53,102 --> 00:14:55,896 and in order to hopefully get to that, 334 00:14:56,021 --> 00:14:58,357 they needed to go after Katie Magbanua. 335 00:14:58,441 --> 00:15:00,860 If they put enough heat onto Katie Magbanua 336 00:15:00,985 --> 00:15:02,528 or Sigfredo Garcia, 337 00:15:02,611 --> 00:15:06,323 they could possibly flip and give testimony on the record 338 00:15:06,407 --> 00:15:08,868 about the Adelsons' involvement. 339 00:15:08,951 --> 00:15:11,454 ‐ Do you know Katherine Magbanua? 340 00:15:11,579 --> 00:15:12,746 ‐ I have met her before. 341 00:15:12,872 --> 00:15:13,998 ‐ How do you know her? 342 00:15:14,081 --> 00:15:16,250 ‐ My brother introduced me to her, 343 00:15:16,375 --> 00:15:18,919 and I think we might have gone to the beach 344 00:15:19,044 --> 00:15:21,172 once with her and a friend. 345 00:15:21,255 --> 00:15:22,882 ‐ Do you know whether your brother makes a practice 346 00:15:22,965 --> 00:15:26,343 of giving gifts to his former girlfriends? 347 00:15:26,469 --> 00:15:27,678 ‐ I have no idea. 348 00:15:27,761 --> 00:15:29,054 ‐ Do you know whether the relationship 349 00:15:29,180 --> 00:15:30,723 between your brother and Ms. Magbanua 350 00:15:30,848 --> 00:15:33,184 was a serious relationship? 351 00:15:33,267 --> 00:15:35,269 ‐ I met many, many girlfriends of my brother's 352 00:15:35,394 --> 00:15:36,854 over the years. 353 00:15:36,896 --> 00:15:38,063 I didn't get any indication 354 00:15:38,189 --> 00:15:40,107 that it was a serious relationship. 355 00:15:40,191 --> 00:15:42,151 ‐ He's a guy that has a lot of girlfriends. 356 00:15:42,234 --> 00:15:44,361 ‐ He has had a lot of girlfriends. 357 00:15:44,487 --> 00:15:46,572 ‐ The prosecution shows that Katie Magbanua 358 00:15:46,697 --> 00:15:50,034 clearly knows both Charlie and Wendi Adelson, 359 00:15:50,117 --> 00:15:52,286 but the defense turns the tables and suggests 360 00:15:52,411 --> 00:15:54,330 Wendi Adelson may be arrested. 361 00:15:54,413 --> 00:15:57,249 It's an effort to distance Katie Magbanua from the murder 362 00:15:57,333 --> 00:15:59,502 by reminding the jury that the prosecution 363 00:15:59,585 --> 00:16:01,170 is looking to charge one 364 00:16:01,253 --> 00:16:03,839 or more of the Adelsons for the murder of Dan Markel. 365 00:16:03,923 --> 00:16:05,049 ‐ You are testifying today 366 00:16:05,174 --> 00:16:07,009 under a state subpoena, correct? 367 00:16:07,051 --> 00:16:08,844 ‐ Correct. ‐ And that state subpoena 368 00:16:08,928 --> 00:16:11,514 gives you immunity for your testimony, right? 369 00:16:11,639 --> 00:16:13,140 ‐ Yes. ‐ So that means 370 00:16:13,224 --> 00:16:15,226 that anything you say today can't be used against you 371 00:16:15,351 --> 00:16:18,437 if the state decides to arrest you later on. 372 00:16:18,562 --> 00:16:22,191 ‐ The state isn't going to decide to arrest me. 373 00:16:22,274 --> 00:16:25,152 ‐ Wendi Adelson has what's called limited immunity. 374 00:16:25,236 --> 00:16:27,863 That means that whatever she says on the stand 375 00:16:27,988 --> 00:16:29,365 cannot be used against her, 376 00:16:29,490 --> 00:16:31,700 but it doesn't mean she can't be prosecuted. 377 00:16:31,784 --> 00:16:33,452 She can be. 378 00:16:33,536 --> 00:16:36,080 Prosecutors would just need other evidence to do it. 379 00:16:36,205 --> 00:16:38,082 All eyes now turn to the state's start witness, 380 00:16:38,207 --> 00:16:39,708 Luis Rivera, 381 00:16:39,833 --> 00:16:42,753 who, along with Katie Magbanua and Sigfredo Garcia, 382 00:16:42,878 --> 00:16:45,005 is the third alleged coconspirator 383 00:16:45,130 --> 00:16:48,717 and the only eyewitness testifying about the crime. 384 00:16:48,801 --> 00:16:51,345 ‐ Luis Rivera agreed to a plea deal 385 00:16:51,428 --> 00:16:53,264 a few months after his arrest. 386 00:16:59,395 --> 00:17:01,939 ‐ They gave him that deal to get to Katie 387 00:17:02,064 --> 00:17:04,733 thinking she would crack, okay? 388 00:17:04,817 --> 00:17:07,695 And then they'd get the Adelsons, but she didn't. 389 00:17:07,736 --> 00:17:09,488 ‐ And what did you plea to 390 00:17:09,572 --> 00:17:11,907 in this case that we're here about today? 391 00:17:12,032 --> 00:17:13,534 ‐ Second degree murder. 392 00:17:13,617 --> 00:17:16,829 ‐ And what did you have to do in exchange 393 00:17:16,912 --> 00:17:18,998 for your 19‐year sentence in this case? 394 00:17:19,081 --> 00:17:20,457 ‐ Cooperate. 395 00:17:20,583 --> 00:17:22,376 ‐ The government didn't have evidence. 396 00:17:22,459 --> 00:17:26,171 They had to go out there and buy evidence against Katie, 397 00:17:26,255 --> 00:17:28,757 and the evidence that they bought was Luis Rivera, 398 00:17:28,882 --> 00:17:33,345 a convicted felon, a lifelong gangster, not to be trusted. 399 00:17:33,429 --> 00:17:35,472 ‐ Of course I was worried when I heard Luis Rivera 400 00:17:35,556 --> 00:17:37,349 was cooperating and taking the plea. 401 00:17:37,433 --> 00:17:39,685 Whenever you have a coconspirator 402 00:17:39,810 --> 00:17:42,646 become a cooperating witness, that's always a problem. 403 00:17:42,730 --> 00:17:45,357 ‐ Was there a time when Mr. Garcia approached you 404 00:17:45,441 --> 00:17:47,693 about coming to Tallahassee? 405 00:17:47,776 --> 00:17:50,112 ‐ He said, "Take a ride with me over to Tallahassee, 406 00:17:50,237 --> 00:17:52,990 and I'll give you some money." 407 00:17:53,073 --> 00:17:54,575 ‐ Did you learn something additional 408 00:17:54,700 --> 00:17:56,410 about what it was on the way to Tallahassee? 409 00:17:56,535 --> 00:17:58,537 ‐ Yeah. On the way coming up he said, 410 00:17:58,662 --> 00:18:02,666 "We're going to out to kill the man for a lady 411 00:18:02,750 --> 00:18:04,793 because the lady wanted her kids back." 412 00:18:04,918 --> 00:18:08,213 ‐ You saw the images of that green Prius circling around 413 00:18:08,339 --> 00:18:11,300 while Mr. Markel was working out in the gym? 414 00:18:11,383 --> 00:18:13,344 ‐ Yeah. ‐ Was that you in that vehicle? 415 00:18:13,427 --> 00:18:15,012 ‐ Yes, ma'am. ‐ And Mr. Garcia? 416 00:18:15,095 --> 00:18:16,639 ‐ Yes, ma'am. 417 00:18:16,722 --> 00:18:19,767 ‐ What happened once Mr. Markel came out of the gym? 418 00:18:19,892 --> 00:18:21,852 ‐ We followed him all the way back to his house. 419 00:18:21,935 --> 00:18:23,896 ‐ And what happened once you pulled into his driveway? 420 00:18:24,021 --> 00:18:25,648 ‐ Garcia jumped out, 421 00:18:25,731 --> 00:18:27,524 went to the driver's side and shot him. 422 00:18:27,650 --> 00:18:29,860 ‐ He shot Mr. Markel? ‐ Yes, ma'am. 423 00:18:29,943 --> 00:18:31,195 ‐ How many times? ‐ Twice. 424 00:18:31,320 --> 00:18:33,072 [two gunshots] 425 00:18:33,197 --> 00:18:36,533 ‐ Do you see the person in the courtroom who shot Mr. Markel? 426 00:18:36,617 --> 00:18:37,534 ‐ Yes, ma'am. 427 00:18:37,660 --> 00:18:40,204 ‐ Could you please point that person out? 428 00:18:40,287 --> 00:18:43,582 ‐ Garcia. ‐ Luis Rivera 429 00:18:43,707 --> 00:18:46,460 is the prosecution's star witness. 430 00:18:46,585 --> 00:18:50,673 They needed him to go onto the stand and make that connection, 431 00:18:50,798 --> 00:18:53,634 tell these details that point directly 432 00:18:53,717 --> 00:18:56,637 to Sigfredo Garcia and Katie Magbanua. 433 00:18:56,720 --> 00:19:01,350 ‐ Do you know which one of you had the first phone call 434 00:19:01,475 --> 00:19:04,853 once the murder occurred, you or Mr. Garcia? 435 00:19:04,978 --> 00:19:06,188 ‐ Garcia. 436 00:19:06,313 --> 00:19:09,483 ‐ And who was the first phone call with? 437 00:19:09,566 --> 00:19:11,568 ‐ Katie. She goes, "I already know it's done." 438 00:19:11,652 --> 00:19:14,780 ‐ All right. And when she said "I already know it's done," 439 00:19:14,905 --> 00:19:17,408 was that something that you heard or that Garcia told you? 440 00:19:17,491 --> 00:19:19,493 ‐ I heard. ‐ How were you able to hear it? 441 00:19:19,576 --> 00:19:21,078 ‐ Because I'm in the car with him. 442 00:19:21,203 --> 00:19:22,705 ‐ So her voice was loud enough 443 00:19:22,830 --> 00:19:24,039 through the receiver that you were able to hear her. 444 00:19:24,123 --> 00:19:25,290 ‐ Yes, ma'am. 445 00:19:25,416 --> 00:19:26,583 ‐ He is able to recognize her voice 446 00:19:26,709 --> 00:19:29,712 from two words in and of itself is ridiculous. 447 00:19:29,795 --> 00:19:32,715 They never talk on the phone. They are not friends like that. 448 00:19:32,840 --> 00:19:34,091 ‐ And then what? 449 00:19:34,216 --> 00:19:35,718 ‐ And then we asked for the money, like, 450 00:19:35,843 --> 00:19:37,344 "Where the money at?" Said, "You'll get it tomorrow." 451 00:19:37,428 --> 00:19:38,679 ‐ Who said, "You'll get it tomorrow"? 452 00:19:38,762 --> 00:19:41,140 ‐ Katie. ‐ All right. And did you know 453 00:19:41,223 --> 00:19:42,641 where she was going to get the money from? 454 00:19:42,725 --> 00:19:45,644 ‐ We know the lady, Wendi, was paying it. 455 00:19:45,728 --> 00:19:47,521 ‐ All right. So you knew that the job was 456 00:19:47,563 --> 00:19:50,691 being done so that Wendi could get her kids. 457 00:19:50,816 --> 00:19:53,861 ‐ Yes, ma'am. ‐ Wendi's family hired him? 458 00:19:53,944 --> 00:19:55,696 ‐ Yes. ‐ Okay, 459 00:19:55,779 --> 00:20:00,159 and how was Wendi's family connected to Sigfredo Garcia? 460 00:20:00,242 --> 00:20:02,494 ‐ Because Katie was dating the dentist. 461 00:20:02,578 --> 00:20:04,079 ‐ Did Katie know about the murder? 462 00:20:04,204 --> 00:20:05,664 ‐ Yes, ma'am. 463 00:20:05,748 --> 00:20:08,167 ‐ Did Katie have a role in hiring Sigfredo Garcia? 464 00:20:08,250 --> 00:20:09,418 ‐ Yes, ma'am. 465 00:20:09,543 --> 00:20:11,754 ‐ Do you see the person in the courtroom 466 00:20:11,879 --> 00:20:16,300 that you say hired Sigfredo Garcia to do this homicide? 467 00:20:23,474 --> 00:20:25,976 ‐ Katie Magbanua and the father of her two kids, 468 00:20:26,059 --> 00:20:29,521 Sigfredo Garcia, are charged in a murder for hire plot 469 00:20:29,605 --> 00:20:31,857 of college professor Dan Markel. 470 00:20:31,899 --> 00:20:34,943 The prosecution's star witness and accomplice to the murder, 471 00:20:35,027 --> 00:20:37,196 Luis Rivera, identified Garcia as the triggerman and Magbanua 472 00:20:37,321 --> 00:20:41,992 as the link that connected the hit man to the Adelson family 473 00:20:42,075 --> 00:20:45,204 who prosecutors believe paid $100,000 for the murder. 474 00:20:45,329 --> 00:20:48,040 ‐ Luis Rivera's testimony absolutely changed 475 00:20:48,165 --> 00:20:50,209 the course of this case. 476 00:20:50,334 --> 00:20:53,212 The government's key piece of evidence, 477 00:20:53,337 --> 00:20:55,130 the climax of their trial was going to be 478 00:20:55,214 --> 00:21:00,344 what they believed believable testimony of Luis Rivera. 479 00:21:00,427 --> 00:21:04,556 ‐ It's very rare that a murder suspect testifies. 480 00:21:04,640 --> 00:21:06,683 It was vital in this case that Katie Magbanua 481 00:21:06,767 --> 00:21:09,186 take the stand to defend herself, 482 00:21:09,311 --> 00:21:11,605 especially after this compelling testimony 483 00:21:11,730 --> 00:21:13,106 by Luis Rivera. 484 00:21:13,190 --> 00:21:15,192 ‐ You understand that you do not have to testify today? 485 00:21:15,317 --> 00:21:17,277 ‐ Yes, ma'am. ‐ Is it completely 486 00:21:17,402 --> 00:21:18,737 your decision to take the stand today? 487 00:21:18,862 --> 00:21:20,030 ‐ Yes, ma'am. 488 00:21:20,113 --> 00:21:22,032 ‐ Objection, Your Honor. ‐ Overruled. 489 00:21:22,115 --> 00:21:24,993 ‐ How are you feeling? ‐ Nervous. 490 00:21:25,077 --> 00:21:27,371 ‐ The defense is putting Magbanua on the stand 491 00:21:27,496 --> 00:21:30,332 to explain her relationship with Charlie Adelson 492 00:21:30,415 --> 00:21:32,209 whom she was working for and dating 493 00:21:32,292 --> 00:21:34,294 around the time of Dan Markel's murder 494 00:21:34,378 --> 00:21:37,172 and most importantly to try to distance herself 495 00:21:37,256 --> 00:21:39,716 from the killing. 496 00:21:39,800 --> 00:21:42,719 ‐ Describe your relationship with Mr. Garcia 497 00:21:42,803 --> 00:21:44,888 at the time that you're dating Charlie. 498 00:21:44,972 --> 00:21:46,640 ‐ He was around because of the kids, 499 00:21:46,723 --> 00:21:49,726 but he'd be in and out of my life. 500 00:21:49,852 --> 00:21:52,312 ‐ To your knowledge, did Mr. Garcia know 501 00:21:52,396 --> 00:21:55,107 about your relationship with Mr. Adelson? 502 00:21:55,232 --> 00:21:57,651 ‐ Yeah. ‐ Okay. Did Mr. Adelson know 503 00:21:57,734 --> 00:21:59,653 about your relationship with Mr. Garcia? 504 00:21:59,736 --> 00:22:01,029 ‐ Yes. 505 00:22:01,154 --> 00:22:04,449 ‐ When is the first time that you met Charlie Adelson? 506 00:22:04,575 --> 00:22:08,245 ‐ I was working at a dental office in South Beach. 507 00:22:08,370 --> 00:22:10,038 ‐ Okay. Now, how is it that you two 508 00:22:10,163 --> 00:22:14,668 started to communicate outside of the work arena? 509 00:22:14,751 --> 00:22:16,044 ‐ I believe, like, he was asking 510 00:22:16,169 --> 00:22:19,631 a couple of the girls if I was single, 511 00:22:19,715 --> 00:22:23,510 and then he just‐‐ he took down my number. 512 00:22:23,594 --> 00:22:26,221 ‐ Why were you asking Charlie Adelson 513 00:22:26,305 --> 00:22:27,639 to help you with employment? 514 00:22:27,723 --> 00:22:29,933 ‐ I needed insurance for my children, 515 00:22:30,058 --> 00:22:33,395 and basically since he was doing me this favor, 516 00:22:33,478 --> 00:22:36,690 I was, like, his assistant. 517 00:22:36,773 --> 00:22:38,191 ‐ Did he tell you that his brother‐in‐law 518 00:22:38,317 --> 00:22:40,402 had been shot twice? ‐ No, ma'am. 519 00:22:40,485 --> 00:22:42,404 ‐ Okay. He did tell you he had been murdered? 520 00:22:42,487 --> 00:22:44,531 ‐ No, ma'am. ‐ Did you back then 521 00:22:44,615 --> 00:22:46,283 know someone by the name of Dan Markel? 522 00:22:46,408 --> 00:22:47,701 ‐ No, ma'am. 523 00:22:47,826 --> 00:22:49,536 ‐ So I want to go over some things 524 00:22:49,661 --> 00:22:53,165 in terms of what we have all described as the bump, okay? 525 00:22:53,248 --> 00:22:54,917 ‐ Yes, ma'am. ‐ The bump is a tool 526 00:22:55,042 --> 00:22:57,210 that investigators use to stir up evidence 527 00:22:57,294 --> 00:22:59,379 and get a suspect to reveal something 528 00:22:59,463 --> 00:23:00,714 that might incriminate them. 529 00:23:00,839 --> 00:23:02,674 ‐ In this case, the purpose of the bump 530 00:23:02,758 --> 00:23:05,010 is to try to get Charlie Adelson and his mother, 531 00:23:05,093 --> 00:23:06,595 Donna Adelson, 532 00:23:06,720 --> 00:23:09,514 to implicate themselves in the murder of Dan Markel. 533 00:23:09,598 --> 00:23:11,099 Investigators hope that it will also 534 00:23:11,183 --> 00:23:14,019 lead back to Katie Magbanua and Sigfredo Garcia. 535 00:23:22,069 --> 00:23:25,447 ‐ An undercover FBI agent approaches Donna Adelson 536 00:23:25,572 --> 00:23:28,784 outside her condo. He is there under the guise 537 00:23:28,909 --> 00:23:32,537 of being an associate of Luis Rivera. 538 00:23:34,957 --> 00:23:36,875 ‐ He hands Donna Adelson a press release 539 00:23:37,000 --> 00:23:39,586 of the Markel trial with a phone number on it, 540 00:23:39,711 --> 00:23:41,463 and says something to the effect of, 541 00:23:41,546 --> 00:23:44,174 "I know you're taking care of Katie and Sigfredo. 542 00:23:44,257 --> 00:23:47,511 I want my boy Luis to be taken care of as well." 543 00:23:50,222 --> 00:23:51,598 ‐ The undercover agent 544 00:23:51,723 --> 00:23:53,725 literally bumps into Donna Adelson 545 00:23:53,850 --> 00:23:55,894 to see if she'll give some indication 546 00:23:56,019 --> 00:23:58,897 that she knows about the hit man for hire plot. 547 00:23:59,022 --> 00:24:00,899 When she doesn't, Donna Adelson does 548 00:24:00,983 --> 00:24:03,735 exactly what investigators thought she'd do. 549 00:24:03,819 --> 00:24:06,196 She calls her son, Charlie Adelson, 550 00:24:06,279 --> 00:24:08,115 as investigators listen in. 551 00:24:18,000 --> 00:24:20,585 ‐ Charlie then calls Katie and says, 552 00:24:20,669 --> 00:24:22,170 "Hey, my mom was approached. 553 00:24:22,212 --> 00:24:26,717 Somebody is trying to essentially blackmail her." 554 00:24:53,618 --> 00:24:55,412 ‐ Did you ever call that number? 555 00:24:55,537 --> 00:24:57,664 ‐ Did I ever call it? No. 556 00:24:57,748 --> 00:24:59,541 ‐ Now, we hear on a phone call 557 00:24:59,666 --> 00:25:02,544 you were sounded very frustrated. 558 00:25:02,669 --> 00:25:04,129 ‐ Yes, ma'am. 559 00:25:04,212 --> 00:25:06,757 ‐ You were using a lot of bad language with Charlie. 560 00:25:06,840 --> 00:25:08,675 ‐ Yeah. ‐ Why were you frustrated? 561 00:25:08,759 --> 00:25:12,429 ‐ Well, first off, that phone call is very embarrassing. 562 00:25:12,554 --> 00:25:13,805 I mean, I didn't even know that I could say 563 00:25:13,889 --> 00:25:16,975 that many bad words in a 23‐minute span, 564 00:25:17,059 --> 00:25:20,020 but I was frustrated because it was over and over 565 00:25:20,103 --> 00:25:22,439 and over the same thing, different scenarios, 566 00:25:22,522 --> 00:25:25,317 and it's just like, he was losing it. 567 00:25:25,400 --> 00:25:27,235 ‐ None of the Adelsons were arrested, 568 00:25:27,319 --> 00:25:31,114 and there is no smoking gun that comes from this bump. 569 00:25:31,239 --> 00:25:34,117 There's no conversation that directly implicates 570 00:25:34,242 --> 00:25:37,704 Katie Magbanua or any of the Adelsons. 571 00:25:37,788 --> 00:25:40,165 ‐ You are aware that the government's position 572 00:25:40,248 --> 00:25:42,250 was that you hold the key to your own freedom. 573 00:25:42,375 --> 00:25:43,502 Remember that? 574 00:25:43,585 --> 00:25:44,586 ‐ Yes, ma'am. Yes, ma'am. ‐ Okay. 575 00:25:44,711 --> 00:25:46,713 What did that mean to you? 576 00:25:46,838 --> 00:25:50,550 ‐ That it's up to me to get out of jail. 577 00:25:50,634 --> 00:25:54,137 ‐ Okay, and how would you do that? 578 00:25:54,221 --> 00:25:55,722 ‐ If I gave up Charlie. 579 00:25:55,806 --> 00:25:58,391 ‐ The prosecution came to her and said, 580 00:25:58,517 --> 00:26:00,185 "You can get out of jail tomorrow. 581 00:26:00,310 --> 00:26:04,856 All you have to do is say that Charlie Adelson got you 582 00:26:04,940 --> 00:26:08,026 to get your baby daddy to commit this murder for him." 583 00:26:08,110 --> 00:26:09,611 That's it. That's all she had to say, 584 00:26:09,694 --> 00:26:11,154 and she gets to go home to her kids, 585 00:26:11,238 --> 00:26:14,616 and it was a lie, and she couldn't do it. 586 00:26:14,699 --> 00:26:17,202 Based on everything you've seen, 587 00:26:17,285 --> 00:26:19,204 do you think Charlie was involved in this? 588 00:26:19,329 --> 00:26:21,039 ‐ Yes. ‐ Why won't you just lie 589 00:26:21,123 --> 00:26:24,042 and tell them that Charlie wasn't part of this? 590 00:26:24,126 --> 00:26:26,837 ‐ I wish I could, because I wouldn't be incarcerated, 591 00:26:26,920 --> 00:26:29,673 and I'd be free, and I'd be with my children. 592 00:26:29,756 --> 00:26:31,341 ‐ And why haven't you done that? 593 00:26:31,424 --> 00:26:34,678 ‐ Because I'm telling the truth. 594 00:26:39,057 --> 00:26:40,767 ‐ From the beginning of the trial, 595 00:26:40,851 --> 00:26:43,186 the prosecution has been trying to connect Katie Magbanua 596 00:26:43,228 --> 00:26:46,189 and Sigfredo Garcia to the murder of Dan Markel. 597 00:26:46,273 --> 00:26:47,274 They're both charged with first degree murder, 598 00:26:47,399 --> 00:26:48,733 conspiracy to commit murder 599 00:26:48,859 --> 00:26:50,652 and solicitation to commit murder. 600 00:26:50,735 --> 00:26:52,529 Sigfredo Garcia, the alleged shooter, 601 00:26:52,612 --> 00:26:54,197 decides not to testify, but Katie Magbanua 602 00:26:54,281 --> 00:26:57,826 does something that defendants in a murder case rarely do. 603 00:26:57,909 --> 00:26:59,578 She takes the stand. 604 00:26:59,703 --> 00:27:02,205 Now she has to face the prosecution's calculated 605 00:27:02,330 --> 00:27:06,001 questions about her personal life and finances. 606 00:27:08,378 --> 00:27:11,047 ‐ So you've admitted that you had a sexual relationship 607 00:27:11,131 --> 00:27:14,593 with both Sigfredo Garcia and Charlie Adelson 608 00:27:14,718 --> 00:27:16,845 around the same time frame. ‐ Yes, ma'am. 609 00:27:16,928 --> 00:27:19,055 ‐ During the trial, Katie was terrified. 610 00:27:19,181 --> 00:27:21,391 She saw how we cross examined witnesses, 611 00:27:21,474 --> 00:27:23,518 and it wasn't that she was scared 612 00:27:23,643 --> 00:27:25,520 about what she was going to be asked. 613 00:27:25,604 --> 00:27:28,857 It was just nerve‐racking, and, you know, I just told her 614 00:27:28,940 --> 00:27:30,817 that she had the truth on her side. 615 00:27:30,901 --> 00:27:32,194 ‐ Each one didn't know you were sleeping with the other one. 616 00:27:32,319 --> 00:27:33,862 ‐ No, ma'am. 617 00:27:33,945 --> 00:27:36,281 ‐ All right. So were lying to them about that. 618 00:27:36,406 --> 00:27:39,534 ‐ I mean, I didn't think that I had to tell either one 619 00:27:39,659 --> 00:27:41,161 that I was sleeping with the other. 620 00:27:41,244 --> 00:27:44,039 ‐ Okay. And that's also known as lying. 621 00:27:44,122 --> 00:27:45,874 Would you agree? 622 00:27:45,999 --> 00:27:47,709 ‐ No, I don't agree with that. 623 00:27:47,792 --> 00:27:49,502 ‐ The way that Georgia Cappleman was saying, 624 00:27:49,586 --> 00:27:53,840 it felt to me like she was attempting to use 625 00:27:53,965 --> 00:27:58,220 Katherine Magbanua's sex life to disparage her character 626 00:27:58,345 --> 00:28:02,015 as opposed to making it relevant to the case. 627 00:28:02,098 --> 00:28:04,100 ‐ So he put you on the payroll 628 00:28:04,226 --> 00:28:07,229 2 months after the homicide, yes? 629 00:28:07,354 --> 00:28:11,650 ‐ Two months after the homicide...I started... 630 00:28:11,733 --> 00:28:13,193 yes, ma'am. 631 00:28:13,276 --> 00:28:15,654 ‐ And was there an actual job opening 632 00:28:15,737 --> 00:28:16,905 at the Adelson Institute 633 00:28:17,030 --> 00:28:18,740 that you filled with this position? 634 00:28:18,865 --> 00:28:20,283 ‐ No, ma'am. ‐ All right. 635 00:28:20,408 --> 00:28:22,410 So it's a position that he created for you. 636 00:28:22,535 --> 00:28:23,662 ‐ Yes, ma'am. 637 00:28:23,745 --> 00:28:25,497 ‐ The government in their prosecution 638 00:28:25,580 --> 00:28:27,540 of Katherine Magbanua desperately, 639 00:28:27,666 --> 00:28:32,170 desperately clung onto pieces of circumstantial evidence 640 00:28:32,295 --> 00:28:36,007 to paint this picture of Katherine Magbanua's deal, 641 00:28:36,132 --> 00:28:37,968 and one of them are the checks 642 00:28:38,051 --> 00:28:40,720 that she was receiving from the Adelson Institute. 643 00:28:40,845 --> 00:28:44,099 ‐ Why did he put you on the payroll? 644 00:28:44,224 --> 00:28:45,308 Was that as a favor? 645 00:28:45,392 --> 00:28:46,810 ‐ Yes, ma'am. 646 00:28:46,893 --> 00:28:48,937 ‐ Not as payment for a murder? ‐ No, ma'am. 647 00:28:49,062 --> 00:28:50,855 ‐ Not to keep you happy? 648 00:28:50,981 --> 00:28:53,692 ‐ Why wouldn't he just pay me the cash? 649 00:28:53,817 --> 00:28:56,528 Why would I have to get a check from somewhere? 650 00:28:56,653 --> 00:28:58,196 ‐ I'm going to ask the questions, okay? 651 00:28:58,280 --> 00:28:59,823 ‐ Yes, ma'am. 652 00:28:59,906 --> 00:29:02,826 ‐ You really think that Charlie Adelson would have put 653 00:29:02,909 --> 00:29:06,037 the person who is the go‐between in this homicide 654 00:29:06,121 --> 00:29:11,710 on the family payroll? I mean, he is not that stupid. 655 00:29:11,793 --> 00:29:13,461 ‐ Did he pay for breast augmentation for you? 656 00:29:13,545 --> 00:29:14,713 ‐ No. 657 00:29:14,796 --> 00:29:16,172 ‐ You paid for that. ‐ Yes, ma'am. 658 00:29:16,256 --> 00:29:17,924 ‐ You were saving up for the breast augmentation. 659 00:29:18,049 --> 00:29:19,968 ‐ Yeah, I already had it. ‐ But you needed 660 00:29:20,051 --> 00:29:21,636 Charlie Adelson to put you on the payroll 661 00:29:21,720 --> 00:29:24,681 so that you could get insurance for your kids. 662 00:29:24,806 --> 00:29:26,850 ‐ Yes. I was saving 663 00:29:26,933 --> 00:29:29,227 because I've always wanted my breast augmentation. 664 00:29:29,352 --> 00:29:31,187 ‐ Okay. ‐ And the insurance for my kids 665 00:29:31,271 --> 00:29:33,189 is because my son had a disability, 666 00:29:33,273 --> 00:29:35,900 so I had to do a bunch of therapies for my son. 667 00:29:36,026 --> 00:29:38,653 ‐ Okay. Isn't it true that you've been offered 668 00:29:38,737 --> 00:29:40,238 some kind of big payoff 669 00:29:40,363 --> 00:29:42,741 if you refuse to cooperate against Charlie Adelson? 670 00:29:42,866 --> 00:29:44,200 ‐ If I refuse? ‐ Yes, ma'am. 671 00:29:44,284 --> 00:29:45,577 ‐ No. 672 00:29:45,702 --> 00:29:46,703 ‐ Has anybody offered you some money? 673 00:29:46,828 --> 00:29:47,996 ‐ No. 674 00:29:48,079 --> 00:29:49,205 ‐ Do you remember telling anybody 675 00:29:49,331 --> 00:29:51,082 that you would be able to stay home 676 00:29:51,207 --> 00:29:53,835 after you get acquitted and have a tutor for your kids 677 00:29:53,918 --> 00:29:55,545 to be homeschooled at the house? 678 00:29:55,628 --> 00:29:58,048 ‐ No. I never made that comment. 679 00:29:58,173 --> 00:30:00,675 ‐ You testified that you were in fact employed 680 00:30:00,800 --> 00:30:02,844 at a night club around the time of the homicide. 681 00:30:02,969 --> 00:30:04,304 Is that right? ‐ Yes, ma'am. 682 00:30:04,387 --> 00:30:06,222 ‐ All right. And you said that you make up 683 00:30:06,348 --> 00:30:08,641 to $1,500 a night at the night club. 684 00:30:08,725 --> 00:30:10,185 ‐ On a good day. 685 00:30:10,310 --> 00:30:12,145 ‐ Would you agree, Ms. Magbanua, 686 00:30:12,228 --> 00:30:17,859 that you deposited $13,000 in cash in August of 2014? 687 00:30:17,984 --> 00:30:19,944 [tense music] 688 00:30:20,070 --> 00:30:21,905 ‐ If that's what my bank records show. 689 00:30:22,030 --> 00:30:25,867 ‐ Okay. And that's the month after the murder, right? 690 00:30:25,950 --> 00:30:27,577 ‐ I believe so. 691 00:30:27,702 --> 00:30:29,746 ‐ And that's where the cash spike is. 692 00:30:29,829 --> 00:30:31,873 You can't make that much at the club, can you? 693 00:30:31,998 --> 00:30:35,960 ‐ But all my income wasn't specifically from there. 694 00:30:36,044 --> 00:30:38,004 It was‐‐there's times that I've gotten money 695 00:30:38,129 --> 00:30:40,048 from Sigfredo. ‐ All right. 696 00:30:40,173 --> 00:30:43,760 Well, is it a coincidence, Ms. Magbanua, 697 00:30:43,885 --> 00:30:47,931 that you notice the striking spike in your income 698 00:30:48,056 --> 00:30:51,935 that happens exactly at the time of this homicide, 699 00:30:52,060 --> 00:30:54,562 don't you? I mean, it's there, isn't it? 700 00:30:54,687 --> 00:30:55,480 ‐ I guess so. 701 00:31:00,193 --> 00:31:02,320 ‐ The prosecution claims that Katie Magbanua, 702 00:31:02,404 --> 00:31:04,072 mother of two, acted as the go‐between 703 00:31:04,197 --> 00:31:06,449 in the murder of college professor Dan Markel. 704 00:31:06,533 --> 00:31:08,618 They allege that she connected two hit men, 705 00:31:08,743 --> 00:31:12,038 including Sigfredo Garcia, the father of her children, 706 00:31:12,163 --> 00:31:13,206 with the Adelson family who paid $100,000 for the killing. 707 00:31:13,248 --> 00:31:14,958 ‐ There are a lot of people 708 00:31:15,083 --> 00:31:17,502 that think some of the Adelsons should be on trial 709 00:31:17,585 --> 00:31:22,006 rather than Katie Magbanua or Sigfredo Garcia or Luis Rivera 710 00:31:22,090 --> 00:31:25,802 or really in addition to them. Certainly the prosecution 711 00:31:25,885 --> 00:31:28,805 wants to see some of the Adelsons on trial, 712 00:31:28,888 --> 00:31:30,181 but they have stated they don't have the evidence 713 00:31:30,306 --> 00:31:32,600 quite yet to make any arrests. 714 00:31:32,725 --> 00:31:34,894 ‐ Magbanua and Garcia are being tried together 715 00:31:35,019 --> 00:31:36,813 but have different defense teams, 716 00:31:36,896 --> 00:31:40,817 and while Katie Magbanua made a risky move and testified, 717 00:31:40,900 --> 00:31:43,445 the alleged shooter, Sigfredo Garcia, 718 00:31:43,570 --> 00:31:44,904 did not take the stand. 719 00:31:45,029 --> 00:31:46,573 Their decisions could be the difference 720 00:31:46,698 --> 00:31:48,283 between life and death 721 00:31:48,408 --> 00:31:52,245 as he faces the death penalty and she faces life in prison. 722 00:31:52,370 --> 00:31:54,539 The stakes are high as closing arguments begin. 723 00:31:56,332 --> 00:31:58,418 ‐ Just because Katherine Magbanua 724 00:31:58,543 --> 00:32:01,504 didn't come to Tallahassee or pull the trigger herself 725 00:32:01,546 --> 00:32:04,549 does not mean that she is not just as guilty 726 00:32:04,674 --> 00:32:06,092 as the ones who did. 727 00:32:06,217 --> 00:32:09,262 She hired Garcia who in turn hired Rivera, 728 00:32:09,387 --> 00:32:11,848 and she's the conduit between Dan Markel 729 00:32:11,973 --> 00:32:14,934 and the man that put a bullet in his head. 730 00:32:15,018 --> 00:32:17,770 Without her, none of this happens. 731 00:32:17,896 --> 00:32:21,566 ‐ Tallahassee was truly waiting on edge for this verdict. 732 00:32:21,691 --> 00:32:24,235 This is a case that really hit a chord here. 733 00:32:24,360 --> 00:32:29,866 This is the point blank murder of a beloved professor. 734 00:32:29,991 --> 00:32:31,701 He was well‐liked. He was a family man, 735 00:32:31,826 --> 00:32:33,286 and he lived in the heart of town 736 00:32:33,411 --> 00:32:35,121 where this murder took place. 737 00:32:35,246 --> 00:32:39,542 ‐ The foundation of the government's case unequivocally 738 00:32:39,626 --> 00:32:43,004 without a shadow of a doubt is Luis Rivera. 739 00:32:43,046 --> 00:32:45,507 It's important to know who you're listening to. 740 00:32:45,590 --> 00:32:50,845 It's important to know who is on that stand, and who is he? 741 00:32:50,970 --> 00:32:55,183 He is the head of a criminal organization, 742 00:32:55,266 --> 00:32:57,894 one that he got indicting for for racketeering. 743 00:32:58,019 --> 00:32:59,771 ‐ The case against Katherine Magbanua, 744 00:32:59,896 --> 00:33:03,066 you must believe Luis Rivera to convict. 745 00:33:03,191 --> 00:33:06,611 He cannot be trusted. There's only one reason 746 00:33:06,736 --> 00:33:11,866 why a single mother of two young children 747 00:33:11,991 --> 00:33:14,160 would sit in custody for 3 years 748 00:33:14,244 --> 00:33:18,998 in confinement risking it all‐‐ 749 00:33:19,082 --> 00:33:21,000 she's innocent. 750 00:33:21,084 --> 00:33:23,169 ‐ One of the most gut‐wrenching 751 00:33:23,294 --> 00:33:26,548 and nauseating feelings is waiting for a verdict. 752 00:33:26,673 --> 00:33:28,383 You know that our minds are just racing 753 00:33:28,466 --> 00:33:30,677 because we're wondering, "Oh, my god. 754 00:33:30,760 --> 00:33:32,136 What‐‐all of this work. 755 00:33:32,220 --> 00:33:34,430 It's come now down to this final moment. 756 00:33:34,556 --> 00:33:36,474 What are those jurors thinking?" 757 00:33:36,558 --> 00:33:39,102 ‐ The jury deliberates for 11 hours before reaching 758 00:33:39,227 --> 00:33:41,187 a decision on Sigfredo Garcia's case. 759 00:33:41,271 --> 00:33:43,940 Remember, he opted not to testify. 760 00:33:44,065 --> 00:33:46,776 ‐ The state of Florida versus Sigfredo Garcia, 761 00:33:46,901 --> 00:33:50,280 we the jury find as follows is... 762 00:33:50,363 --> 00:33:52,907 ♪ ♪ 763 00:33:52,991 --> 00:33:54,742 Count one, the defendant is guilty 764 00:33:54,867 --> 00:33:56,619 of first degree murder. 765 00:33:56,744 --> 00:34:01,416 ‐ Hearing a guilty verdict where you're subject 766 00:34:01,541 --> 00:34:05,837 to the death penalty is the hardest one to hear. 767 00:34:05,920 --> 00:34:07,505 It's a gut punch. 768 00:34:07,547 --> 00:34:11,050 I mean, a real‐‐ That's a Mike Tyson gut punch. 769 00:34:11,175 --> 00:34:12,802 ‐ She was an emotional wreck at that point 770 00:34:12,885 --> 00:34:14,470 because in her mind she felt that 771 00:34:14,554 --> 00:34:16,806 they were going to execute the father of her kids. 772 00:34:16,889 --> 00:34:18,725 ‐ It was an incredibly sad moment, 773 00:34:18,850 --> 00:34:21,519 and we all recognized 774 00:34:21,644 --> 00:34:25,815 that we were taking another father away from his children. 775 00:34:25,898 --> 00:34:29,235 ‐ So the jurors came back with the news that the jury 776 00:34:29,360 --> 00:34:32,947 was still deadlocked in regards to Katherine. 777 00:34:33,072 --> 00:34:35,366 Her entire life has come to this moment, 778 00:34:35,491 --> 00:34:39,162 and Katherine had such a faith in the judicial system 779 00:34:39,245 --> 00:34:40,872 when this all started 780 00:34:40,955 --> 00:34:42,665 and that she said she knows she's going to go home 781 00:34:42,749 --> 00:34:44,584 because she had nothing to do with this 782 00:34:44,709 --> 00:34:46,377 and that she had faith in this system. 783 00:34:46,502 --> 00:34:48,838 ‐ The jury informs the judge of their decision. 784 00:34:48,921 --> 00:34:51,007 Facing 30 years to life in prison, 785 00:34:51,132 --> 00:34:54,469 Katie Magbanua listens as the verdict is read. 786 00:34:56,554 --> 00:34:59,307 ‐ Ms. Magbanua, the jury is unable to come 787 00:34:59,390 --> 00:35:03,353 to a unanimous decision on any of the three charges. 788 00:35:03,436 --> 00:35:05,271 ‐ That's correct, Your Honor. ‐ All right. 789 00:35:05,396 --> 00:35:07,523 So as Ms. Magbanua, 790 00:35:07,607 --> 00:35:10,610 we'll declare this case mistried. 791 00:35:12,570 --> 00:35:15,657 ‐ Ultimately there were three of us who did not believe 792 00:35:15,740 --> 00:35:20,411 that the prosecution had enough hard evidence 793 00:35:20,536 --> 00:35:24,123 to convict Katherine Magbanua. 794 00:35:24,248 --> 00:35:26,876 It was a very heated discussion. 795 00:35:27,001 --> 00:35:29,045 I think that Katherine's testimony 796 00:35:29,170 --> 00:35:32,215 solidified the decision for those of us 797 00:35:32,340 --> 00:35:35,176 who ultimately voted to acquit her. 798 00:35:35,301 --> 00:35:37,512 ‐ My heart broke in that moment not only for her 799 00:35:37,637 --> 00:35:39,013 but for her kids 800 00:35:39,055 --> 00:35:41,808 because I knew the judge wasn't going to let her out, 801 00:35:41,891 --> 00:35:43,559 that this was just more time. 802 00:35:43,685 --> 00:35:47,105 She had waited all of this time for her day in court, 803 00:35:47,230 --> 00:35:49,148 and she never gave up, 804 00:35:49,232 --> 00:35:50,441 and she's still fighting to this day, 805 00:35:50,566 --> 00:35:52,193 and I will never forget that feeling. 806 00:35:52,276 --> 00:35:53,736 I was devastated. 807 00:35:53,861 --> 00:35:55,780 ‐ Katie Magbanua did enough on the stand 808 00:35:55,905 --> 00:35:57,198 to avoid a conviction, 809 00:35:57,281 --> 00:35:59,450 but a mistrial wasn't exactly a win. 810 00:35:59,575 --> 00:36:02,704 She remains in the Leon County Jail in Tallahassee, Florida, 811 00:36:02,829 --> 00:36:04,539 awaiting a retrial. 812 00:36:04,622 --> 00:36:06,207 Sigfredo Garcia didn't take the stand 813 00:36:06,332 --> 00:36:07,917 and was found guilty of first degree murder 814 00:36:08,042 --> 00:36:09,627 and conspiracy to commit murder. 815 00:36:09,711 --> 00:36:12,880 He's about to be sentenced, and the jury has two choices: 816 00:36:13,005 --> 00:36:14,799 life in prison or the death penalty. 817 00:36:19,429 --> 00:36:22,056 ‐ Mr. Garcia, you want to say anything? 818 00:36:22,140 --> 00:36:24,350 ‐ There's nothing more terrifying 819 00:36:24,434 --> 00:36:26,728 than that verdict being life or death. 820 00:36:26,853 --> 00:36:30,565 I mean, it's your stomach just twists and turns. 821 00:36:30,648 --> 00:36:33,359 ‐ The jury having found you guilty of murder 822 00:36:33,484 --> 00:36:35,820 in the first degree and conspiracy 823 00:36:35,903 --> 00:36:37,739 to commit first degree murder, 824 00:36:37,864 --> 00:36:41,200 I do adjudicate you guilty of each offense. 825 00:36:42,452 --> 00:36:45,747 On count one, I sentence you to life in prison. 826 00:36:47,874 --> 00:36:49,208 ‐ It took them, like, 827 00:36:49,292 --> 00:36:50,918 10 hours to determine innocence or guilt. 828 00:36:51,002 --> 00:36:53,504 It took them, what, 20 minutes, 25 minutes 829 00:36:53,588 --> 00:36:55,298 to come back with a nondeath verdict. 830 00:36:57,216 --> 00:37:02,805 ‐ It was an incredibly sad case because Dan Markel's children 831 00:37:02,889 --> 00:37:05,016 had their father taken from them, 832 00:37:05,099 --> 00:37:09,395 and then Katherine Magbanua and Sigfredo Garcia's children 833 00:37:09,479 --> 00:37:11,230 had their parents taken from them. 834 00:37:11,355 --> 00:37:13,691 ‐ Sigfredo Garcia avoids the death penalty 835 00:37:13,775 --> 00:37:16,819 and is instead sentenced to life in prison without parole. 836 00:37:16,903 --> 00:37:20,364 After a mistrial in October, 2019, Katie Magbanua 837 00:37:20,490 --> 00:37:23,242 was sent back to her jail cell to await a new trial. 838 00:37:23,326 --> 00:37:26,329 It's from jail that she spoke to us 839 00:37:26,412 --> 00:37:28,998 about the case in her first interview ever. 840 00:38:07,578 --> 00:38:09,205 ‐ I don't care if you're homeless 841 00:38:09,288 --> 00:38:10,873 or if you're a millionaire. 842 00:38:10,998 --> 00:38:13,376 If you are going to take someone's liberty away, 843 00:38:13,459 --> 00:38:15,127 you better have the evidence to do it 844 00:38:15,211 --> 00:38:18,756 because I'd rather see a million guilty people go free 845 00:38:18,840 --> 00:38:20,174 than one innocent person 846 00:38:20,258 --> 00:38:21,676 locked up for something that they didn't do. 847 00:38:21,759 --> 00:38:24,554 I couldn't imagine what that must be like. 848 00:38:24,637 --> 00:38:26,597 You take away my one opportunity to exist 849 00:38:26,722 --> 00:38:30,268 on this Earth, you're going to have to fight for it. 850 00:39:26,657 --> 00:39:28,951 ‐ The criminal justice system has major problems. 851 00:39:29,035 --> 00:39:31,412 You have a woman that had no criminal history, 852 00:39:31,495 --> 00:39:34,081 and she's been in custody, and let me tell you, 853 00:39:34,165 --> 00:39:37,543 this is oftentimes how prosecutors use leverage 854 00:39:37,585 --> 00:39:38,753 to get what they want 855 00:39:38,878 --> 00:39:40,755 because people are stuck in custody. 856 00:40:08,908 --> 00:40:12,203 ‐ To date, how many of the Adelsons have been arrested? 857 00:40:12,286 --> 00:40:15,081 Zero. None of them. Not one. 858 00:40:32,098 --> 00:40:34,725 ‐ Katie Magbanua remains in the Leon County Jail 859 00:40:34,809 --> 00:40:36,519 in Tallahassee, Florida waiting on a date 860 00:40:36,602 --> 00:40:38,020 for her retrial. 861 00:40:38,062 --> 00:40:39,063 She's been there since the day she was arrested 862 00:40:39,188 --> 00:40:41,774 on October 1st, 2016. 863 00:40:41,857 --> 00:40:43,484 We reached out to Charlie Adelson's attorney 864 00:40:43,567 --> 00:40:45,695 who provided a statement which reads: 865 00:41:00,876 --> 00:41:03,504 ‐ The government has created for themselves 866 00:41:03,587 --> 00:41:05,297 a complete and utter mess 867 00:41:05,381 --> 00:41:08,009 because they tried to play this case out in the media, 868 00:41:08,092 --> 00:41:10,511 and they are going to do everything they can 869 00:41:10,594 --> 00:41:12,888 to get Charlie Adelson and his family, 870 00:41:12,972 --> 00:41:14,890 and whether that means taking Katherine down, 871 00:41:15,016 --> 00:41:17,518 an innocent mother of two, they don't care. 872 00:41:17,643 --> 00:41:20,104 ‐ Defendants are never forced to take the stand, 873 00:41:20,229 --> 00:41:24,775 but that decision is likely the biggest one they ever make. 874 00:41:24,859 --> 00:41:29,488 For "Under Oath," I'm Dan Abrams.