Blaise L Gainey @BlaiseGainey 2h2 hours ago
Day 4 is beginning now. Rivera just took his seat. And he is being questioned now about phone calls and text messages he sent and received. Yesterday he said he couldn't read, they are questioning him about over 7 thousand text messages sent.
Julie Montanaro WCTVVerified account @JulieMontanaroW 2h2 hours ago
Getting ready for day 4 of testimony in Dan Markel case, Luis Rivera will be on the stand at 9 for continued cross examination. Watch it live on
http://WCTV.TV @WCTV
Jada E. Williams @JadaEWilliams 2h2 hours ago
Court is back in session.
#MarkelMurderTrialWTXL @abc27
Jada E. Williams @JadaEWilliams 2h2 hours ago
We're now discussing a piece of evidence. The defense says that the state asked Rivera to identify voices on a wire tap and didn't give them enough time. They want the evidence excluded.
#MarkelMurderTrialWTXL @abc27
Jada E. Williams @JadaEWilliams 2h2 hours ago
The state plans to present 45 audio recordings to the court.
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Jada E. Williams @JadaEWilliams 2h2 hours ago
Judge Hankinson says the state didn't give the defense enough time. He'll sustain the defense's objection but he will allow some of the other tapes and the subject matter in the tapes be used.
#MarkelMurderTrialWTXL @abc27
Jada E. Williams @JadaEWilliams 2h2 hours ago
Luis Rivera's attorneys have been released. That means they won't be taking the stand. Now the state is asking the judge to keep the defense from talking about Rivera's gang status.
#MarkelMurderTrialWTXL @abc27
Karl EttersVerified account @KarlEtters 2h2 hours ago
Luis Rivera will take the stand again this morning. ASA Cappleman is trying to bar the defense from discussing his illegal dealings outside of the Markel case
Karl EttersVerified account @KarlEtters 2h2 hours ago
"What he did for the federal case and his gang status are admissible because that was part of the plea agreement," Hankinson rules
Jada E. Williams @JadaEWilliams 2h2 hours ago
"Your objections are about as generic as Mr. Zangeneh's questions."- Judge Hankinson's response to the state's motion.
#MarkelMurderTrialWTXL @abc27
Jada E. Williams @JadaEWilliams 2h2 hours ago
The judge says he'll deal with it instance by instance. Some of Rivera's background (including gang status) is admissible but he agrees that everything Rivera has done wrong in his life isn't admissible. He did say cross examination did focus a lot on irrelevant things.
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Julie Montanaro WCTVVerified account @JulieMontanaroW 2h2 hours ago
Attorneys are discussing what to do ... Luis Rivera says he can’t read, but defense attorneys point out he received and responded to thousands of text messages on his phone
@WCTV
Jada E. Williams @JadaEWilliams 2h2 hours ago
Zangeneh is now showing Rivera his phone records. Between May 2014 and October 2014, records show that 7,885 test messages were sent back and forth. Rivera said he did speak to talk and his phone read the texts to him.
#MarkelMurderTrialWTXL @abc27
Blaise L Gainey @BlaiseGainey 2h2 hours ago
He says he uses speech-to-text and to has the phone read him his messages. Saam Zangeneh asks Rivera how he passed his reading course. Rivera says he had a tutor.
Karl EttersVerified account @KarlEtters 2h2 hours ago
Oh and about Rivera not being able to read, Garcia's attorney Saam Zangeneh did some digging. Rivera received AND SENT 8,000 or so texts and completed a federal prison literacy class where he received a passing grade.
Jada E. Williams @JadaEWilliams 2h2 hours ago
Rivera says he's been taking reading and writing classes his whole life. He has a tutor and said he received a passing grade. Rivera still says that he can't read or write.
#MarkelMurderTrialWTXL @abc27
Karl EttersVerified account @KarlEtters 2h2 hours ago
"I believe that his testimony of his inability to read and write is not candid," Zangeneh said
Karl EttersVerified account @KarlEtters 2h2 hours ago
Rivera said he uses the talk to text feature on his iPhone, had a tutor in prison and filled out rental documents logged as evidence in this case with the help of someone else
Julie Montanaro WCTVVerified account @JulieMontanaroW 2h2 hours ago
Rivera back on the stand, claims he uses audio function to send and read text messages, defense points out he filled out car rental agreement
@WCTV
Jada E. Williams @JadaEWilliams 2h2 hours ago
Zangeneh now asking Rivera how he managed to fill out the form to rent the Prius if he can't read. Rivera said the employee at the rental company showed where to write everything.
#MarkelMurderTrialWTXL
Jada E. Williams @JadaEWilliams 2h2 hours ago
Zangeneh wrote out "My name is Luis Rivera." Rivera read it without a problem. RIvera says he is now on a third grade level. Rivera also said he wasn't on a third grade level back in 2014.
#MarkelMurderTrialWTXL @abc27