Dan Markel case: Garcia's attorney cross examines Rivera

mr. bears good morning sir I've got up on the screen phone records that have been entered into evidence as government's exhibit 1:28 think there's enough direct examination yesterday and I just want to confirm your phone number one of your two phone numbers 305 five seven zero eight one five three you call that sir yes sir and what's already been entered into evidence this government's exhibit 126 I'm sorry 128 that 18 see has they documented a key with regards to your phone activity sir are you aware of that yes sir your phone activity that's documented in this state's exhibit it includes phone phone calls as well as as well as text messages do you wear that yes sir you indicated yesterday that you are unable to read and write is that correct yes sir from the month of May of 2014 till October of 2014 with full number 305 five seven zero eight one five three were you aware that you participated in in seven thousand eight hundred and eighty five text messages back and forth yes and you'll agree with me a text message is a nonverbal you can all talk to the phone and that's better for you and that's your testimony that that's what you did in every single text message yes sir had an iPhone and about what about receiving text messages they were also voice mails that's your testimony yeah I read it out to you in you indicated also that you are attempting to get your GED but we interrupted your your education on yes sir in your testimony yesterday in 2016 while in federal custody did you take any classes with regards to reading and writing I've been doing that my whole life though yeah so you've been taking classes to read and write your whole life isn't it true that in 2016 while federal custody as part of the federal program you receive passing grades with regards to reading and writing courses you get I can help got a tutor so you didn't really answer my question I see that you had a tutor but the answer is yes correct you received passing grade reading and writing yes sir I never to them and yesterday when the government asked you to read a document your testimony under oath was you can't read and write correct I can so let's go back to what we're talking about yesterday with regards to your June 4th trip and that's the trip that you took in a Nissan I believe it was sensor correct I guess yeah Nissan correct no sir bloody in the July trip you didn't rent the Toyota Prius correct yes sir and it was your testimony yesterday that you rented it while mr. Garcia was around the corner waiting for you outside of the the rental place correct yes sir you feel about this document alone while mr. Garcia was around the corner correct yes there and you wrote your name right here yes sir where it says Rogers name yes well you knew you didn't list a can we put your name where it says unit number you put your name where it's his name correct yes sir all right let's as you read the word name and you knew to write the your name no I asked the guy would write my name and everything you tell me fill it out right hey is what you put your naming it on address mr. Rivera that it's my name Dewar's Rivera I can't read this this whole thing my man who is it says my name is Vera yeah at the grade level yes sir that time I need it I'm taking classes not to learn how to write take your jam with you he was right next to government's exhibit 83 it's gonna be your testimony that the person pledged you can also help you fill out this form yes sir couldn't do it on your own you know I can you ask the person at the budget on the June 4th trip did you ever indicate that sigfredo drove the whole way you know 16 did Judah fourth trip have you ever previously said that the person that was driving the entire trip was Cipriano Garcia hero halfway and I wrote the other half have you ever indicated in previous statements that he was the only person that drove okay and today was the first time when the prosecution showed you that you actually got the ticket that your testimony was that you drove the second half correct okay and isn't it also true that in other statements that you've given you indicated that you received the ticket on the July 14th trip correct so let's talk about June 4th have you previously testified that you were that you arrived in Tallahassee in the early morning time yes and your previous testimony had been that you'd arrived around 9:00 or 10:00 in the morning correct maybe earlier yes and that your previous testimony was when you got there that you kept partying right for a little bit okay and then you guys went to sleep for about an hour before you headed out correct I said an hour I went to sleep for a little bit correct so arrived in Tallahassee the early morning hours kept drinking and doing cocaine and then slept for a little bit before you left to go to mr. Bartels house correct yes and you'll agree with me that when the government showed you your travel citation in Gainesville about 250 miles away multiple hours away I'm sorry how far away this is not misleading okay from Gainesville to Tallahassee right it's a it's quite a drive correct yes sir more than a hundred miles if you recall I don't know sir so between Gainesville and Tallahassee for multiple hours and the citations at 9:00 12:00 a.m. correct yes sir and your testimony changed and your timeline changed yesterday when the prosecution showed you the ticket is that correct I don't know about my time change with your time line my time line yes could you agree with me beforehand you said that you got here in the early morning time correct yes sir all right now you receive the citation of nine twelve and Gainesville's at least 100 miles as you negate it hits it's quite a drive from Gainesville to Tassel Tallahassee miss all right right so you'll agree with me that you did not arrive in the early morning time you were in Gainesville in the early morning time right yes sir you also indicated on direct examination that mr. Garcia never used any kind of navigation technology on his phone correct so it's your testimony that you got to a and it's also been your testimony that you've never come to Tallahassee before correct and that mr. Garcia had no point utilized any kind of electronic media to help him get around in Tallahassee right he never use any electronic but we did stop in the store and you got a map yes and you said that he looked at it once and didn't look at it again right all right so your testimony is that mr. Garcia believed that a map once and never looked at it again yes sir is Tallahassee like Miami in terms of how the streets are like avenues and streets like numbers and like how you can go I've worn up from 88th Street to 157th Street they don't have that here do that oh thanks oh and you also testified that you purchased a gun right yes sir and that you purchased bullets when you get to the hotel room the first time you said that you had somebody purchased a room for you correct yes sir all right and the reason why you would do that was because you wanted to potentially hide you didn't want to leave any kind of footprint that you were at Tallahassee right yes sir is that correct yes sir and that's because according to your testimony your best friend tells you several hours into a trip that it's not a robbery it's a homicide yes sir would you consider that misleading what do you mean by misleading right so your testimony has been and you properly this juror that he's somebody you've grown up with and he's one of your best friends right yes sir okay so you'll agree with me that your testimony in court is that he didn't tell you the purpose of the trip right he didn't tell me the beginning well that's what I'm talking about to get you to go on the trip he didn't tell you the purpose of it right yes sir but he did offer you money and it was your testimony yesterday that the second day that you were there it will you didn't feel like going forward with the murder correct no problem was your testimony yesterday that I believe you said because you're not gonna kill somebody because yes just because he has kids and that you don't know the man something like that but you were call saying that right yes okay and based on that statement that you guys hold off the the the purpose of your trip and left Tallahassee correct yes and it's your testimony that you were the driving force behind calling this off and leaving Tallahassee it was nothing to do there's nothing to be around there for so we left okay so let me kind of let me ask a few questions about it you indicated that mr. Garcia had been paid and you saw cash in his pocket correct yes sir and you said it was between two and five thousand dollars right yes sir and you got there on June 4th in the morning right and between June 4th in the morning and what time did you guys leave on the fifth roughly do you remember if it was light or dark outside I can't remember whose idea was it to leave well it was had according to you had mr. Garcia run through all the money that he bought yeah well on cash okay and you also said that he'd given you some money from his pocket correct yes sir you'd also said that you had a watch her own a substantial amount of narcotics during the trip correct yes and you also said that mr. Garcia had purchased additional narcotics correct how much money would you say that he had spent on been a long time okay well remember I'm sorry I didn't mean to interrupt you mr. mr. Baer can you guess the mate I said no tell me I can't remember how much money we spend but we spent a couple we spend money okay well what's your definition of money on cocaine all right three dollars okay so as someone that has experience in the drug trade right yes two or three hundred dollars would be maybe another eight ball right Atilla three two or three more headphones so you're at about 15 grams of cocaine for a 36-hour trip according to you right so two to three hundred dollars on drugs how much was the room 100 bucks okay that sound about right let's just let's be very generous let's say a hundred bucks can't tell you to remember all right it was a motel though right it wasn't like a it wasn't the W or a five-star hotel there's a hotel it can be one night for six dollars but - and I can be hiding the 20 and you guys stayed there one night right June 4th and you left June 5th right yeah okay so one night at a hotel let's say 7:00 between 50-100 bucks sound about right yeah okay and you guys hated Hooters right yes sir ate and drank at Hooters you didn't want to be seen correct yes sir yeah you went to a known restaurant right yes sir and you said that you guys were there for multiple hours correct yes sir were you wearing a hat yes sir you wearing a hat no sir we wearing sunglasses I remember you didn't have the mask on at Hooters did you no bail right okay so you're in public being seen in Tallahassee for multiple hours correct yes sir okay you you and mr. Garcia have purchased and consumed according to you multiple ounces I mean almost a dozen I'm sorry multiple grams of cocaine correct yes sir and your I assume drinking substantially at this point correct yes after you leave Hooters where do you go back to the room yeah now what time in the morning do you leave to start your surveillance the next thing ready I'm sorry and then the murder thing no I'm talking we're talking about the June trip today sir what time do you leave in the morning yes sir what time do you remember like say when I ate on there was this have you checked out of the hotel when you left in the morning I don't remember did you remember checkouts usually around 11:00 a.m. right yes so that morning before you'll agree with me that you had to decided whether or not anything was gonna happen that day right your plan was you were gonna go kill Dan marquel that day correct yes sir okay so you plan to go commit this murder and you weren't sure whether or not it was gonna happen correct yes sir all right so did you check out of the hotel or did you keep the hotel for another day I can't remember we checked out on I can never remember okay so then you drive over to mr. marquel's house correct to there and you conducted surveillance right yes sir and then you you followed him to the daycare center correct mr. alright and then you lost him right yes did you conduct any additional surveillance that day or did you call it quits you indicated to the jury on direct examination that it appeared that on that second day that you felt that this was the wrong thing to do you didn't want to be involved in killing somebody that you didn't know correct yes sir you'll also agree with me that you realized that mr. Garcia according to your testimony wanted you to be the shooter in this case correct yes sir and a result and as a result of that you were gonna be paid $35,000 correct yes sir now you were actually paid $37,000 correct yes sir so you were paid more than you were originally told right yes sir and as we indicated yesterday your testimony is that you didn't do the job that you were hired to do you simply were and that seems like a chauffeur correct yes sir are you on medication are you on any medication right now no sir none no no were you on any prescribed medication at the time of the June or the July trip have you ever been diagnosed as being bipolar yes sir what about schizophrenic yes sir on the June 5th surveillance that you conducted of vanmarcke cow when you set you went to the daycare did you see him drop the kids off at the daycare yes sir and so he was alone at that time correct because you saw him drop off the kids now you indicated that after you you got after you called off the purpose of your of your trip you drove back to Miami correct yes sir and it's been your testimony that from June 5th because that's when you got back to Miami right June 5th the next day the next night June 5th that there was no communication or no discussion with you and mr. Garcia about anything else until I believe the 14th of July would it be would it be a fair statement to make that you made it clear according to your testimony that you did not want to participate in this in this job to mr. Garcia correct yes sir and then during your direct examination actually you kind of went to substantial detail to tell the members of the jury how you felt that this was an inappropriate thing to do correct yes yeah when mr. Garcia according to your testimony calls you you go rent a car immediately right yes sir you didn't tell him oh man don't you remember what I told you did you June 5th I don't want to be download this right you didn't say that did you no that's my best friend okay well but he was also your best friend on June 5th right time dad I'm gone I guess right so he was your best friend on June 5th as well the same day that you said nah don't want to do this and in essence you guys left right yes um five weeks later he tells you let's ride and you immediately go and rent a car in your name yes yes sir then how many guns do you take the second time up one one correct time off for the murder yes sir oh yeah I'm sorry I just want to make sure we're so you'll agree with me that on the trip on the lju trip you were extremely cautious about not leaving any kind of fingerprint okay or any kind of trace that you were in Tallahassee right yes okay yet on this second trip you rented a car right listen and whose name did you rent the car in my name whose hotel did you rent the hotel room in my name were you taking your medication on that day knew you weren't right you weren't taking any medication that not at all just cocaine so you consider cocaine to be medication medication have you been taking cocaine for medication for a long time I've been oh okay it's in the age of 15 years old sir and how old are you now 36 would you say that you do cocaine on a daily basis or did cocaine on a daily basis and now I want to know blue I like that not every day when you say one sort of blue what does that mean maybe in a weekend maybe in a party so 50 times let's just be conservative once a week for there's 52 weeks in a year correct yes right yeah that's not a trick question there's 52 weeks in here you're aware of that correctly yes sir okay and you're saying that you did cocaine once a week so that's 50 times a year right yes sir for 20 years yeah I'm 36 okay so about a thousand times maybe yeah now have you ever testified that you believe well who do you believe convinced mr. Garcia to take this job his wife Kate have you ever said that one of the reasons that mr. Garcia participated in this murder for hire was that Katie matt bonner wall indicated that she would get back together with him if he did so remember do you remember giving a recorded statement to law enforcement on October 4th 2016 yeah and during that time as we indicated yesterday you were accompanied by your attorney correct yes sir as well as detective Isum and special investigator Sanford right so it's your testimony today sir that you don't recall whether or not you would not repeat his testimony over and over again they're saying they move on will you agree with me that you believe that miss bag Manawa was a driving force in convincing the Spirit Garcia to commit this murder that's your testimony it was also your testimony yesterday that immediately after the purported after that after you committed the murder that mr. Garcia called miss McDonald correct daddy father well that's the first call he made after the murder right cool okay and you actually testified that while he was sitting next to you in the Prius you could hear the conversation all right yes okay and during that conversation I believe your testimony was something to the to the effect is it's done right yes sir and then it was followed up with we're getting our money the next day correct yes sir nothing about he didn't say anything to the effect of you didn't hear I did it we're gonna be back together now right no no he didn't tell Katie listen I did what you asked me to do I want to be back together with you correct no not the phone and that's it right and and the only contents of the conversation was what was with regards to money right yes sir and you'll agree with me that prior to that you indicated the driving force behind this was him getting back together with Katie right repeat that question again sure no problem I just asked you wasn't she extremely influential and having him do this correct yes sir you also you agree with me that you're that you believe that miss peg manawa hat was extremely influential in decisions with regards to mr. Garcia correct no my client was crazy about this backpack right yes sir in love with you he still is you'll also agree with me that at the time of this situation miss McDonald whoa what's updating my client no no no she was dating no on and on on and off but at the time that this took place who was she dating the dentist you keep calling him the dentist you know his name though right yeah I'm not a Charlie Charlie now there was a time where you were with mr. Garcia and you went to a restaurant in Brickell right yes sir and it was at this time where you saw miss bag man along with with dr. Adel subtract charlie resent this okay have you ever testified that you'd never seen Charlie Adelson I never seen a day in my life that they went to the restaurant I seen Katie I don't know who he was as as someone that well let me ask you this question as someone that is a participant some of the big deals drugs you don't deal drugs on the corner correct you deal drugs to people that you know right objection your honor did you know Katie McDonald yes sir were you aware that mr. Garcia was unhappy with the fact that she was dating Charlie Ellison would you say that mr. Garcia liked dr. Ellison Michael Wright no would you say that would probably be the opposite that he disliked them just like that man he disliked that man yeah like he didn't like that man right he didn't like him he was angry with him right yes sir anybody we were there having a relationship right correct but I'm talking about mr. Garcia yes sir what if he sick would it be fair to say that he was unhappy with her relationship with the dentist correct yes dr. Isles correct Charlie innocent right yes sir would it be fair to say that you you be able to see the anger in his face correct of course you would see that he would be sad correct yes sir yet it's your testimony that mr. Garcia agreed to do an act that then aidil Sion's wanted right it's your testimony that you'd never seen charlie dose incorrect yes sir so you would deny selling drugs to Charlie Adelson ejection did you ever sell drugs to Charlie we approach our have third-parties ever elicited you to purchase narcotics for other people you're aware that mr. Garcia was involved in a motorcycle accident correct yes sir you're also aware that you received a settlement as a result of this motorcycle accident correct I said a man settlement got paid are you where you indicated that you would have almost daily contact with mr. Garcia correct yes sir you agree with me that one of the things that he did to make money would be the fine sell cars correct do you remember how many cars he's bought and sold would be more than one yeah more than five government showed you a picture of nineteen eighty eighty six Monte Carlo or purple one correct yes there how much did he pay for that car do you remember me no more than three thousand dollars so around $3,000 and how much did he pay for that motorcycle like 38 grand around there you don't remember like 38 or 4 grand between and it's your testimony that he gave you 37,000 out of 100 listen did you deposit any of that money in the bank nope did you declare any of that money on your taxes No you know how the money was given to you cash cash yes sir $100 bills right yes that's stapled together yes sir and it was your testimony that the day after the murder that my client amidst mcdonough wha word Jessica's house correct yes sir you Jessica know about the murder no sir I don't know so they did the money drop off at her house right yes sir so in essence at that point if you agree with me Jessica now knew what was going on not at all you just showed up and you got would you normally get large amounts of cash like that no how much would you make on a when you would do one of your jacks a depend ten fifteen twenty thousand yes sir you don't consider that to be a large amount of cash yes what's the most money you've ever made doing the robbing well let me ask you this is this the most amount of money you've ever made in one overruled objection that question is this the most amount of money you've ever made in one setting nothing no sir okay so this is not something that Jessica wrote it this is your wife right your living girlfriend your baby mama yes sir okay so did she ever ask you where you got these this money she never asked me nothing and that's because she knows that you have a code of silence right yes sir yet you exposed her according to your testimony to this cash exchange was that normal sure you exposed her to this money exchange right what do you mean by suppose she was there she was there right she's never seen the money oh so they gave you a paper bag yes sir okay and she didn't see you taking I mean the hundred-dollar bills were stapled together correct miss Eyre okay so did she see you taking the staples out of everyone sir no I was on a separate room nope I let them my car read the money and left did you give any of this morning - Jessica Rodriguez I gave you food all of us you know where telephone seen in no obviously you don't want to get Jessica in trouble right she don't know nothing why would I get in trouble well I'm just asking in general you wouldn't want her to get in trouble correct I never tell her nothing you just okay so you took a plea in this in this case 219 years correct yes sir like you're not going to serve 19 years in Florida State Prison right maybe maybe not well your plea well the answer's not because your plead was to 19 years to run at the same time as your 151 month sentence in federal court correct yes okay so 19 times 12 is 228-1850 I do all my time in the face if I don't I got to do more time in the state your plea agreement what we're talking about not whether or not you get additional time or less time what you've agreed with the government that's what I'm talking about okay yes sir I'm just explaining okay well I'm asking what your plea agreement is your plea agreement is what you agreed to with the government correct yes sir I don't said 1990 so as we agreed did you sit down and go over your plea agreement with your attorney you did that correct yes sir okay and he read all the the portions of the plea agreement to you friend yes and you began plea negotiations with the government probably in September of 2016 yeah and you were arrested or you were charged because you're already in prison right yes sir so you were charged in was it May or June of 2016 it was June right because you remember that law enforcement came to federal prison to talk to you in May of 2016 correct yeah and when they first asked you about this you agree with me that you denied any involvement right yes sir okay and then from June to September about three months right yeah you decided to become a cooperating witness with the state correct okay did they make the government make you the 19 year offer before they spoke to you do they make me I mean let me ask the questions did the government come and tell you we're gonna offer you 19 years or did they sit down and talk to you and then make you that often sit down and talk to me at all so at no point did you have any communication with the prosecutor kesshun went through your attorney correct yes sir prior to the October 4th statement that you gave that's videotaped is that did you have communication with law enforcement that was not memorialized by the video sure did you you've seen the video right now October 4th video I really had no um I see nothing I was in a box so I never got to see no videos or none of it well let me ask it this way did was there ever a time okay prior to the recording where law enforcement asked you questions that went through your attorney okay and he came and discussed those questions with you and then you told your attorney the answers and then he would go back and tell the police so your attorney acted as like a mediator okay between law enforcement and you right well enforcement would be with me in there I'm not talking with my lawyer that's that's not what I asked you confuse man I come back okay law enforcement was there time where you were in separate rooms with law enforcement you were alone with your attorney he was in the room your attorney was in the room yes okay and then the police would come and talk to your attorney and then he would come along with you and have discussions correct no the cut was in the room as well okay we were you at the open table or were you isolated having a private conversation with your lawyer was an open table conversation my losses between me my lawyer detective was there okay do you remember giving a deposition on January 31st 2018 you remember me taking your deposition but yeah okay and you remember when I asked you where prior to the recording law enforcement have a page number I apologize 119 lines 11 to 15 where I asked you were prior to the recording law enforcement asked questions that went through your attorney and he came and discussed them with you and then you told your attorney the answers and he would go back and tell the police officers and you answered yes sir you recall that yes overruled you remember that yeah okay so what I asked you was could what I asked you that question it appears that the answer is well strike that was this the same day as the recording do you remember what recording the October 4th recording do you recall this is the same day yeah and you'll agree with me that there are portions of your interaction according to your words that were not memorialized on video correct that it wasn't recorded right I don't know if those record it or not did they tell you at some point we're turning the camera on happened every time I talk to any detective is getting recorded now between end of September and your statement you took a ride down i-75 with the police correct yes sir and during your and the purpose of this was to see if you could retrieve the firearm that was used in this case correct yes sir you'll agree with me that on that day you spent multiple hours driving up and down i-75 correct isn't how many miles would you say that you went from Tallahassee all the way south a lot of male did you get the Tampa Avenue past and past them but there's a real long bridge that you went over correct yeah okay was that multiple hours yeah did they feed you yeah you didn't eat prison food right no they got you some McDonald's or something yes and you actually had them stopped at an underpass which we you believed was where the firearm was was left correct yes sir and law enforcement actually found a firearm there didn't they yes you guess I mean they showed you we found a gun right no nobody showed me nothing didn't eat it but you know that they found a firearm there right I heard they found a gun did they show you that gun to see if that you recognize the gun to be on this case no is that uh did you just take law enforcement to a known dumping ground for Latin Kings to dump firearms Latin Kings your Latin King why you keep saying like Kings ain't gonna do with this you're wrong you're wrong man yes I'm gonna do with no black King me Garcia no lead games so you're not answering my question my lesson was forward question I said knowing that I'm sorry ask him another question I asked him a straightforward question give me just one second others receiving I've shown you with Marcus defense being recognized that yeah what is that lesson then who set this letter right thing and does that have your signature on it yes sir is this letter in the same condition that it was when you originally sent it only there's a look any different it was altered in any way right judge at this time the defense moves we will speak Marcus okay just my general objection no specific convict no I'll admit Garcia defense exhibit 3 that says November 3rd 2016 the numbers out there system that's the day you start this letter yes sir and that letters arrived from this table you say they're serving in this case this young lady right here and it says in this letter that since you've made a plea deal with government and you told them everything they wanted to know and you helped break the case right yes I have another good man do you recognize I'm showing this with previously marked as Dublin's Garcias exhibit for you recognize that that document yes sir it's not a letter that you wrote to miss Connelly yesterday that letter in the same or substantially the same condition as it was when you first said yes sir is that your signature in the bottom right follow rules objection thank you judge mr. Garcia Rivera this letter went directly from you to this capital correct yes sir in essence you want to get out of confinement right yes reason why you said that you were confinement that's another letter you sent the same day right yes sir whoa her name peppermint Jojo somebody voted for me Majid rewrote it all right somebody wrote that Ed and I rewrote it somebody voted for mr. right I can't read it no somebody write it for me he's the one who told me about it he wrote it for me and I did rewrote I sent it up you don't need to read it it's in evidence move on mr. Sanger that well move on I said move on we're done this put the letter down you testified yesterday as a result of your cooperation your life what do you think all right yes sir that as a result of you cooperating with the government in this case that they were gonna kill you right they trying to right now I'm sorry they're trying to do it right now you hear right talking to you yes and those two letters that you started this cattleman you're asking to be put back in general population correct yes sir out of the shoe out of protective custody yes sir give me sir mr. Rivera who wrote that letter for you Amy you remember the inmates name no sir that inmate wasn't was he in your was he and I assume he was in the shoe and November of 2016 yesterday you remember potty run Jeep on July 14th 2014 you rented the Prius and came up to tell how we're not gonna start repeating testimony mr. Simon you're something new where did you stay we've done that we've won something new mr. sang gonna on the day in question what time did you start following mr. Marcos there's nothing you knew us who mr. saying your name you remember what time you got the premier fitness repeat that again sure mr. mark L went to the gym right yes sir you know what time he got to the what time you got to the gym no were you following mr. mark out from the day care to the gym yes sir and it's your testimony that you were in the car with mr. Garcia yes sir you weren't in the car with another Latin King no sir you bring these Latin King back and forth man you got my life in jeopardy right now just because and yesterday you tell me about the same thing where's my location that my life is in jeopardy even worse now good now they know where I'm at and that protective custody so the answer to my question you answered your question do you have another question I do how far behind mr. mark Cal were you when he pulled into when he pulled into the to the gym did a gym yeah it's a premier few cars down for him so you were let's say a hundred feet behind it like two two cars phone could be on two cars would you say five seconds behind yeah and you pulled into the parking lot yes sir and you testify well at any point did you were sick Fredo Garcia get out of the Prius ain't gonna pay at all did mr. Garcia got out oh cool did mr. Garcia get out of the Prius to urinate yes sir in the premier parking lot yes sir where were you park where you did that almost tore the street by Bush was the parking lot empty or full I had cars around and by having cars around it you mean there were a lot of cars around it yesterday will you agree that there are people constantly coming in and out of the out of the gymnasium and did you see someone who worked as I don't know if their security but there was personnel or someone that was working on staff walking around the parking lot was it your plan that morning to commit the murder my plan yes no was this another surveillance day for the murder the day of the murder that's another day I'm sorry it's another day was it your plan when you woke up in the morning that that was the day you were gonna commit the murder no it was not my plan we will cover wouldn't do what we gotta do you would not call her you'd not hurt anybody call saying today we're gonna commit the murder correct you know after he you mr. mark Aldean's to Jimmy the following you pull out when you see him pull it towards his neighborhood you pull into another direction correct yes sir because you don't want him to be seeing you behind it correct yes that and you pull up into 21:16 Truscott app right behind this car that's in the garage yes sir and that's where mr. Marquez go yes sir and it's your testimony that you are not the shoe yes sir is there anybody else that could testify to who the shooter is look that's not appropriate mr. sang good is there anybody else in the car with you Garcia's gonna cover me anybody other than Garcia nobody else sure you'll agree that you're the only person thank you let's go sidebar please I was hopeful we could find this stopping point but I guess we're gonna need sex break I'll let y'all step out 15 minutes that's why be seated saguenay do you wish to refresh the witness's recollections as any I've moved on to something different I'm sorry do you wish I said we'd give you an opportunity its end across examination to refresh his recollection if you desire by reading to him what it is you wish to use to refresh but if we're gonna do that let's do it now let me take a look at let's go all right just turned down I understand but it's been work there's something you're doing

Channel: Tallahassee Democrat

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Id: s2Jznrvn0LU

Length: 74min 22sec (4462 seconds)

Published: Fri Oct 04 2019