The defense said they would be calling Garcia to the stand before opening, but you notice nothing was said by Ms. Kawass. I don’t think they are going to call him.
Kawass said in her opening...
"I want to be very clear, the State and I can actually agree on two very important points about this case. Number 1: Charles Adelson had Dan Markel killed. We absolutely agree with that. And number 2: Luis Rivera and Sigfredo Garcia carried out the hit for Charlie Adelson. We agree with that too. What we do not agree on is whether or not Katherine Magbanua knew about a plan to have Dan Markel killed. That is the only thing we don't agree on."
The next bit is quite interesting....
"Now, we do not have a burden in this case. We went over and over and over this in jury selection - that we dont have a burden and the burden completely rests on the State. But Mr. DeCoste and I are gong to have to do something very different in this case. We are going to prove to you beyond any doubt that Charles Adelson conspired directly with Sigfredo Garcia, behind Katie's back...to have Dan Markel killed. The only question you are going to have to answer at the end of all this is....did Katherine know? Thats it. Its that simple.
She did not specify that Garcia would be testifying but I don't know how else she could possibly make that bold of a claim without having Garcia or Charles Adelson testify.
The phone records and wiretap trail tell a completely different story.