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[somber music]
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‐ It's incredibly rare
for criminal defendants
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to take the stand
in their own defense.
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It's a risk very few take.
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At stake is freedom
or even life.
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This is Katie Magbanua,
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one of three suspects
charged with murder
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in the hit man
for hire case of Dan Markel.
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She's decided
to take that gamble.
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Could it help her convince
the jury she's not guilty?
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‐ Did he tell you that his
brother‐in‐law
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had been shot twice?
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‐ No, ma'am.
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‐ Okay. He didn't tell you
he had been murdered?
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‐ No, ma'am.
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‐ Or will it come back
to haunt her?
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‐ Why did he put you
on the payroll?
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Was that as a favor?
‐ Yes, ma'am.
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‐ Not as payment for murder?
‐ No, ma'am.
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‐ It's a courtside seat
through the eyes
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of the Magbanua defense team,
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the attorney
for the alleged shooter,
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the reporter
who covered the story,
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one of the jurors who wishes
to remain anonymous
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and in her
very first interview,
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the defendant herself.
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I'm Dan Abrams,
and this is "Under Oath."
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‐ Raise your right hand.
Do you solemnly swear‐‐
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‐ I'm being honest with
everything I say to you.
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‐ Do you solemnly swear‐‐
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‐ The whole truth and nothing
but the truth?
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‐ I would like to testify.
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‐ The testimony you are about
to give‐‐
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the whole truth
and nothing but the truth.
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‐ So help you God.
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♪ ♪
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‐ I have been a criminal
defense attorney
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for over 10 years now.
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I've done over 50 trials,
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and I've had in my career five
defendants take the stand.
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Taking the stand
is not an easy thing.
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A lot of people who haven't
been in the court system
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don't know what it's like
to have all eyes on you.
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Did you have anything to do
with the murder of Dan Markel?
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‐ No, ma'am.
‐ Did you get the father
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of your children,
Mr. Garcia, to commit a murder?
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‐ No, ma'am.
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‐ Katie Magbanua,
mother of two,
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has been charged with
conspiracy to commit murder,
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solicitation to commit murder
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and the first degree murder
of Dan Markel,
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a Florida State University
professor.
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She, along with the father of
her children, Sigfredo Garcia,
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are standing trial in
the hit man for hire killing
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of a man they had never met.
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Both have been charged
on the same counts,
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but Garcia is accused
of being the shooter
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and faces the death penalty.
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Katie Magbanua is facing
30 years to life.
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Magbanua has already
turned down a plea deal,
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has been incarcerated
for almost 3 years
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while awaiting trial.
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‐ They offered her a
get‐out‐of‐jail‐free card.
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I have never had a client
in a homicide case
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ever be offered a key
to get out of jail
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and they didn't take it
before trial.
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She was adamant to me that she
wanted someone to fight for her
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because she had nothing
to do with this,
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and I love going to trial,
and I love a fight.
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‐ And that fight begins
even before jury is chosen.
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You see, Katie Magbanua
and Sigfredo Garcia
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have separate defense teams,
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but they're being
tried together
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which is a big problem
for Katie Magbanua
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because the prosecution
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is seeking
the death penalty for Garcia.
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‐ In the state of Florida to go
forward on the death penalty,
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they have to death
qualify a jury,
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and one of
the important questions
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that need to be asked
of that jury
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is what their position is
on the death penalty.
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So when you have
a death qualified jury,
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what you're getting
are people
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that are okay
with the death penalty.
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Those tend to be
more conservative jurors,
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much more willing
to punish jury
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than in a normal first degree
nondeath murder trial.
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‐ The judge forced us to try
the case alongside Sigfredo.
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He never gave a reason.
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It was just
always motion denied.
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‐ As the trial begins,
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Sigfredo Garcia
declines to testify.
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‐ Sigfredo taking the stand
was not something that was
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ever really in the discussion
because
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he was concerned about
potentially implicating
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or hurting Katie.
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‐ But Katie Magbanua
and her lawyers decide
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she should take the stand
to try to prove
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once and for all
her innocence.
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‐ The prosecution wants you
to believe that Katherine,
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a young, hardworking mother
of two,
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took money
to help coordinate the murder
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of a man she has never met.
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That makes no sense.
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Your Honor, at this time
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the defense calls Katherine
Magbanua to the stand.
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‐ All right.
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‐ The goal of putting Katie
on the stand
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was we wanted the jury
to see her.
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We wanted them to know
who Katherine Magbanua was,
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the young mother
who worked so hard
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to do everything she could
to be there for her kids,
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not this person
that the prosecution
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was trying to paint
was some,
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you know,
money hungry person
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that is going to be involved
in a homicide of a father‐‐
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being a mother herself‐‐
for this money
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and risk being taken away
from her kids.
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Did you have anything to do
with the murder of Dan Markel?
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‐ No, ma'am.
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‐ The murder of Dan Markel
is a complicated case.
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It's allegedly rooted
in a bitter custody battle.
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According to prosecution,
two separate groups
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conspired
to murder Dan Markel.
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On the one side you have
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Dan Markel's ex‐wife,
Wendi Adelson.
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The government believes
her brother, Charlie Adelson,
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and her mother, Donna Adelson,
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were responsible
for funding the hit,
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and neither of them
have been charged.
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On the other side,
you've got Katie Magbanua,
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Sigfredo Garcia and his
childhood friend Luis Rivera,
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the three coconspirators
allegedly hired
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to actually murder Dan Markel.
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Katie Magbanua
has two children
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with Sigfredo Garcia,
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and she was dating
Wendi Adelson's brother
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Charlie Adelson,
around the time of the murder.
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She also worked
for the dental clinic
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owned by Charlie Adelson's
family.
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Now, the prosecution claims
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that the Adelsons paid
Katie Magbanua $100,000
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to recruit
the alleged hit man.
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‐ On July 18th, 2014,
this community suffered a blow
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when revered law professor,
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colleague, son, father,
brother and friend
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was gunned down in broad
daylight in his own home.
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What enemy or enemies
had Mr. Markel made
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that set into motion
such a brutal act?
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The answer: his own family.
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‐ Dan Markel was a beloved
law professor
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at Florida State University,
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and it did not appear that
he had any sort of enemies.
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He was really well liked
and well regarded
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by a lot of his peers, his
students and the community.
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♪ ♪
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Wendi Adelson
was Dan Markel's wife.
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They were married
for about 7 years.
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‐ They seemed to have
this picturesque lifestyle.
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They moved to Tallahassee.
He got a job at FSU.
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She also got a job
as a professor,
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and they had what looked
like a beautiful life
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in Tallahassee
with their two boys,
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and somewhere down the road,
their relationship fell apart.
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Wendi wanted to relocate
to Miami with her boys
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because that's where
her parents lived.
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‐ Donna and Harvey Adelson
are Wendi's parents.
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They live in Miami, and they
run the Adelson Institute.
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They're prominent dentists
down there, very well known.
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Donna is a big personality.
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She inserts herself
into Wendi's life
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and Wendi's divorce.
She did not like Dan Markel.
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‐ Donna Adelson in these
e‐mails refers to Dan Markel
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as a religious zealot,
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a bastard, and proposes
a plan of action
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for how to threaten
and/or bully
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and/or bribe Dan Markel
into allowing Wendi
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to move to south Florida
with the children.
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♪ ♪
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‐ There was a court case
where Dan Markel was trying
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to prohibit
Wendi Adelson's parents
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from having unsupervised
contact with the children
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because the children were
saying that their grandmother
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was making disparaging remarks
against Dan Markel.
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As this hearing
is about to take place,
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Dan Markel is murdered.
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‐ I noticed a car exiting
Mr. Markel's driveway.
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It looked to me like a Prius.
It was light colored.
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‐ The last voicemail
that we have from Dan Markel
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was him to Wendi Adelson
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after he had dropped his boys
off at the daycare center
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and on the way to the gym.
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You see him on the video
at Premier Fitness
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and know that he is
just moments away.
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You almost want to, you know,
yell at him and say, you know,
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"Don't go home."
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‐ After about an hour,
Markel exits the gym,
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proceeds
to leave on his way home.
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As he pulls into his home,
and then the witness said
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he heard
what sounded like a gunshot,
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and that's when
the prosecution's theory
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is that Dan Markel was shot.
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‐ Daniel has been shot, okay?
And we have to find out why
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and who did this.
Can you help with that?
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‐ I will try.
‐ Okay.
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‐ Who would do this?
‐ I don't know.
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‐ I mean, my brother,
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the one
whose name is Charlie,
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the one I'm really close to‐‐
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‐ Charlie Adelson is a dentist
down in Miami.
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He's well‐to‐do.
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Some of his girlfriends say
he's a little eccentric.
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‐ He knew Danny
treated me badly,
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and it was always this joke.
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He said, "I, you know,
I looked into hiring a hit man,
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and it was cheaper
to get you this TV,
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so instead I got you this TV."
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Such a horrible thing to say.
I'm so sorry.
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‐ It's okay.
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‐ In Wendi's initial
conversation
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with investigators,
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she brings up a joke
that her brother made.
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Now, this really raised
the eyebrows for investigators,
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and at the same time
other investigators
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are starting to look
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into the eyewitness report
of this Prius.
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‐ Investigators in Tallahassee
were able to tie
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their movements to the gym
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where this Prius had
been waiting for Dan Markel,
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and there was a public bus
that had a camera.
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They were able to see
this Toyota Prius
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was following Dan
as he went home.
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‐ The car pulls over
at an ATM,
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and right there is direct
evidence, surveillance video,
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of Luis Rivera
and Sigfredo Garcia
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inside that silver Prius.
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Cell phone record data
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proves that Luis Rivera
and Sigfredo Garcia
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were in the areas
following Dan Markel.
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‐ Looking at the, kind of the
chronology of the cell sites
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that were utilized here,
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we can see it travel
from Miami north
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to the Tallahassee area.
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‐ Luis Rivera struck a deal
with the prosecution
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and flipped,
essentially giving up
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Sigfredo Garcia
and Katie Magbanua.
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It signaled a turning point
in this case.
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‐ 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.