For day 4 - Monday, 5/23
Jada E. Williams
@JadaEWilliams
BACK IN COURT: it’s week 2 of the #KatherineMagbanua retrial. She’s accused of playing a role in #DanMarkel’s death. Today starts with more testimony from TPD Sgt. Chris Corbitt.
We’re starting off with the previously discussed jailhouse calls. Some are in Spanglish, some are between Sigfredo Garcia and his mother, some with SG and KM, some KM and her attorney Tara Kawass
There’s 49 calls on the list. We’re talking about calls Tara Kawass is a part of. They’re calls between her and Sigfredo Garcia. There was discussion between the two about testimony, transport, defense strategy, etc.
Kawass is asking that the state not listen to the calls since she discusses defense strategy. She also asks it not be used. The state says there’s no attorney client privilege and no right to privacy since it’s a jailhouse call.
The state says the calls should’ve been added to discovery since it includes a recorded statement of a witness to an attorney. They’re not privileged and should be allowed to listen. The judge asks Kawass if she’s aware those recorded calls will be reviewed by someone
“Isn’t that a waiver of your work product? You can’t talk into a crowded room and expect someone to not hear it.” The judge responds in relation to the calls. Kawass says it’s the same as calls with #Magbanua but Judge Wheeler says this isn’t the same (attorney client privilege)
No ruling from the judge. Judge says this calls for a Richardson Hearing but should wait until the Spanish calls are translated.
A big issue between the state and defense: discovery. Who received what and when. The defense says the state continues to give them discovery late. Now we’re going over a phone record that the defense says they never received. No subpoena, no business record certification.
Jury coming in now. We’re about to resume Sgt. Corbitt’s testimony in the #KatherineMagbanua retrial.
Cross-Examination resumes with an explanation of geolocation. “Locating something on a map or coordinate system.”
“Your handset can determine its location to a fairly high degree of accuracy.”- Sgt. Corbitt. DeCoste compares it to how we get food/ride shares.
Now we’re getting into a potential mapped route from the Comfort Rent a Car to #KatherineMagbanua’s home. Defense is focusing on how that map was created. “In one location, you could be in the area of more than one cell site.” Which helps create a map.
“I’m never trying to say that a handset was at one particular address.” DeCoste now talking about the mileage range for cell sites. “In thrust areas, yes. There are a number of factors. Our analysis is determining if that address is consistent with the coverage area.”
“Your handset certainly could select a different cell site that is different away.”- Sgt. Corbitt
DeCoste’s angle is that phone could have been pinged somewhere close to #KatherineMagbanua home. He says the Miami airport isn’t far away. Sgt. Corbitt says the analysis has grown as the investigation continues. It gets more detailed over the years.
DeCoste’s questioning hints at Garcia returning the rental car then going to see the kids he shares with #KatherineMagbanua. Corbitt says the pattern of the rental and return is similar but they’re not sure which day the rental car was returned.
Cross examination continues. DeCoste is asking about burner phones, issues when tapping phones, etc.
Two Straight Talk Wireless phones were purchased May 2016 from a Wal-Mart. Defense discusses how Garcia and Rivera got rid of their phone numbers after the murder, but Magbanua didn't.
There's a 15 minute recess.
That was a fast recess. The jury is returning now. Defense has a couple more questions for Sgt. Corbitt under Cross-Examination. Then the prosecution gets Re-Direct.
Cross-Examination wraps. On to redirect with ASA Sarah Dugan.
link:
https://twitter.com/JadaEWilliams
That last tweet was 3 minutes ago.
edited to add one more tweet
11m
Redirect continues its focus on the call paths. This is a big part of the state's strategy. They say the calls between all involved parties show the path of communication-- showing #KatherineMagbanua is in the middle of the crime.
So about 1/2 an hour ago...
