GUILTY FL - Dan Markel, 41, FSU law professor, Tallahassee, 18 July 2014 - #4 *Arrests*

[TacoChip]

So why is the state scared to charge CA?


My guess would be double jeopardy, they can only try him criminally once. I believe GC is handling this case with surgical precision, if need be they will arrest arrest the A's without KM's confession, however the state's case will not be as strong. GC is using time to her advantage, waiting for KM to crack while also watching the A's, not to mention knowing the psychological torture the A's must be enduring (good!). I'm not saying GC is sadistic but I think she is using this time to build and perfect her case. By the way, yeah I think the found the gun, all they had to do was take LR on a ride along the same route he and SG took to Tallahassee, The guy knows what the bridge look's like + how many bridges can there be?

 

[dotr]

Wondering if anything like the scenario suggested here, might have any impact in court?
June 8 2016
http://www.thetallahasseenews.com/i...l_family_was_involved_in_murder_and_motives_o

More motives

What other basis for the murder exists?

Perhaps some sort of extortion or blackmail
Assume the suspects acted on their own, and no one in the Adelson family acted to “hire” them.
The dentist brother’s alleged relationship with Garcia’s ex-girlfriend could have generated a factor of jealousy. After all, the woman Adelson was seeing was the mother of two children by Garcia, according to the affidavit. Murdering Markel would be more logical than taking out Charles Adelson.
If Garcia knew that Adelson with access to money disliked Markel, getting rid of Markel could set up an extortion or blackmail scheme.
Garcia and Rivera may have been persuaded that it was possible to get money from Adelson. If the suspects were caught, they could always claim they were paid or hired. If they were never caught, Adelson could be on the hook for money.
Was it possible that the girlfriend of Garcia/Adelson is linked some kind of extortion plot against the dentist and his family and persuaded Garcia and his friend to act?
Is there a money trail?

 

[TacoChip]

Daniel Eric Markel October 9, 1972 - July 19, 2014 Rest in Peace.

 

[GordonX]

Wondering if anything like the scenario suggested here, might have any impact in court?
June 8 2016
http://www.thetallahasseenews.com/i...l_family_was_involved_in_murder_and_motives_o

the surveillance and evidence and LR confession that has since been revealed makes this extortion/blackmail theory look even more absurd and ridiculous than when it was originally penned.

 

[Gaius]

Prior to asking my questions below, I repost the chronology of records (from court website) to ease comprehension.
Chronology of records
After the Tallahassee Democrat suggested in 9/9/2016 that maybe State Attorney Willie Meggs will never move against any of the Adelsons, Meggs declined to approve probable cause for the arrest of Magbanua and Charlie Adelson.
Thereafter, the TPD obtained the authoritative direct involvement of the U.S. Attorney’s Office for the Northern District of Florida.
Then, on 10/4/2016, two events occurred: (1) WARRANT ISSUED HOMICIDE-WILFUL KILL MURDER PREMEDITATED for KM and (2) NO BOND ALLOWED.
On 10/14/2016, there was (1) NOTICE OF APPEARANCE (private attorney Tara Kawass) and (2) NOTICE OF APPEARANCE PLEA OF NOT GUILTY AND DEMAND FOR JURY TRIAL.
At the Pre-trial case management of 12/6/2016, three events are important (1) CASE COMMENTS FROM COURT EVENT ARRAIGNMENT HELD, (2) DEFENDANT PLED NOT GUILTY, and (3) TRIAL SET E-FILED: 2/27/2017 08:30 AM---JURY.
On 12/9/2016, KM team got (1) DENIED RICHARDSON HEARING REQUEST, (2) DENIED TRANSCRIPT OF GRAND JURY TESTIMONY OF LUIS RIVERA RELEASED FROM UNDER SEAL, and (3) ARTHUR HEARING - BOND DENIED.
At the court’s website under the “Communicating With Judge Hankinson’s Office About Pending Cases” heading, it is written “Impartiality is the most basic principle of judicial ethics. It means that all parties to a pending case are included in all communications with the court regarding that matter – no party has special or secret access to the judge. Communication to the judge without prior notice to the opponent is "ex parte" and improper except in extreme circumstances and as specifically provided by applicable law. If the litigant does not know of any applicable law permitting a particular "ex parte" communication it is improper.”
The important future dates are (1) PRE-TRIAL CASE MANAGEMENT on 2/6/2017, (2) PRE-TRIAL CASE MANAGEMENT on 2/23/2017, and (3) NON JURY TRIAL before Judge James C. Hankinson on 2/27/2017 at 8:30 AM.
Questions
1- Is it customary to have three PRE-TRIAL CASE MANAGEMENT meetings in Florida? Isn’t it more common to have only two? What is the purpose, advantages and disadvantages of having three?
2- What could be the reason that the defense demanded a jury trial on 10/14/2016; was granted a jury trial on 12/6/2017 for the trial date 2/27/2017; and yet, the court website now list NON JURY TRIAL before Judge James C. Hankinson on 2/27/2017 at 8:30 AM?

3- Given that the spirit and mechanics of JURY v. NON JURY trials are very different, what could be the reason of such flip? Given the judge denied the Richardson, transcripts, and Arthur requests, would it be wise for the defense to switch from jury to known jury?

4- Would it be plausible that the plea negotiation has started under the watch of the judge?

I realize the answer to this question is likely to be “yes”. Since the proceedings are secret, we will not know for sure if the answer is “yes” or “no”. However, I wonder if “the switch from jury trial to non-jury trial” is not a proxy for “the defendant turned state witness”?

5- Although a plea bargain may take place at any time while the status is OPEN, would it be an accurate remark to assume that most plea bargains in US courts occur during pre-trial case management? (KM will have two more on 2/6/2017 and 2/23/2017)
6- What could be the effect, if any, of the facts that the victim was a FSU school of law faculty and Judge James C. Hankinson is a FSU alumnus?

 

[Pawns123]

Prior to asking my questions below, I repost the chronology of records (from court website) to ease comprehension.
Chronology of records
After the Tallahassee Democrat suggested in 9/9/2016 that maybe State Attorney Willie Meggs will never move against any of the Adelsons, Meggs declined to approve probable cause for the arrest of Magbanua and Charlie Adelson.
Thereafter, the TPD obtained the authoritative direct involvement of the U.S. Attorney’s Office for the Northern District of Florida.
Then, on 10/4/2016, two events occurred: (1) WARRANT ISSUED HOMICIDE-WILFUL KILL MURDER PREMEDITATED for KM and (2) NO BOND ALLOWED.
On 10/14/2016, there was (1) NOTICE OF APPEARANCE (private attorney Tara Kawass) and (2) NOTICE OF APPEARANCE PLEA OF NOT GUILTY AND DEMAND FOR JURY TRIAL.
At the Pre-trial case management of 12/6/2016, three events are important (1) CASE COMMENTS FROM COURT EVENT ARRAIGNMENT HELD, (2) DEFENDANT PLED NOT GUILTY, and (3) TRIAL SET E-FILED: 2/27/2017 08:30 AM---JURY.
On 12/9/2016, KM team got (1) DENIED RICHARDSON HEARING REQUEST, (2) DENIED TRANSCRIPT OF GRAND JURY TESTIMONY OF LUIS RIVERA RELEASED FROM UNDER SEAL, and (3) ARTHUR HEARING - BOND DENIED.
At the court’s website under the “Communicating With Judge Hankinson’s Office About Pending Cases” heading, it is written “Impartiality is the most basic principle of judicial ethics. It means that all parties to a pending case are included in all communications with the court regarding that matter – no party has special or secret access to the judge. Communication to the judge without prior notice to the opponent is "ex parte" and improper except in extreme circumstances and as specifically provided by applicable law. If the litigant does not know of any applicable law permitting a particular "ex parte" communication it is improper.”
The important future dates are (1) PRE-TRIAL CASE MANAGEMENT on 2/6/2017, (2) PRE-TRIAL CASE MANAGEMENT on 2/23/2017, and (3) NON JURY TRIAL before Judge James C. Hankinson on 2/27/2017 at 8:30 AM.
Questions
1- Is it customary to have three PRE-TRIAL CASE MANAGEMENT meetings in Florida? Isn’t it more common to have only two? What is the purpose, advantages and disadvantages of having three?
2- What could be the reason that the defense demanded a jury trial on 10/14/2016; was granted a jury trial on 12/6/2017 for the trial date 2/27/2017; and yet, the court website now list NON JURY TRIAL before Judge James C. Hankinson on 2/27/2017 at 8:30 AM?

3- Given that the spirit and mechanics of JURY v. NON JURY trials are very different, what could be the reason of such flip? Given the judge denied the Richardson, transcripts, and Arthur requests, would it be wise for the defense to switch from jury to known jury?

4- Would it be plausible that the plea negotiation has started under the watch of the judge?

I realize the answer to this question is likely to be “yes”. Since the proceedings are secret, we will not know for sure if the answer is “yes” or “no”. However, I wonder if “the switch from jury trial to non-jury trial” is not a proxy for “the defendant turned state witness”?

5- Although a plea bargain may take place at any time while the status is OPEN, would it be an accurate remark to assume that most plea bargains in US courts occur during pre-trial case management? (KM will have two more on 2/6/2017 and 2/23/2017)
6- What could be the effect, if any, of the facts that the victim was a FSU school of law faculty and Judge James C. Hankinson is a FSU alumnus?

what are the Richardson transcripts?

 

[Pawns123]

what are the Richardson transcripts?

https://m.youtube.com/watch?v=uLjSTe3bI1s


so damn sad.

 

[GordonX]

what do you think the chances are that CA's attorney was immediately given copies of all of the discovery materials by KM's attorneys? CA's attorney would not normally have access to or be entitled to these discovery materials - unless he's got hand-picked "friendly" attorneys representing KM that just so happen reside "down the hall". so that means CA and his attorney might now have all of the evidence, all of the surveillance tapes, in advance of any arrest or trial of CA (or DA). if true, it's another nice advantage for CA's possible defense - a nice head start. and CA and his attorney now would know a lot of what the cops have on him - especially surveillance-wise. through KM's peril - they might be able to see the cards that LE are playing with - even before any arrest or trial!

 

[Pawns123]

what do you think the chances are that CA's attorney was immediately given copies of all of the discovery materials by KM's attorneys? CA's attorney would not normally have access to or be entitled to these discovery materials - unless he's got hand-picked "friendly" attorneys representing KM that just so happen reside "down the hall". so that means CA and his attorney might now have all of the evidence, all of the surveillance tapes, in advance of any arrest or trial of CA (or DA). if true, it's another nice advantage for CA's possible defense - a nice head start. and CA and his attorney now would know a lot of what the cops have on him - especially surveillance-wise. through KM's peril - they might be able to see the cards that LE are playing with - even before any arrest or trial!

Good point is there no way for LE to find out?

 

[GordonX]

Good point is there no way for LE to find out?

it may be dirty and unethical but it's not illegal AFAIK.

 

[GordonX]

Good point is there no way for LE to find out?

if true - it has to be great psychologically for the as of yet uncharged alleged masterminds to be able to see all of the privileged discovery materials. otherwise it would be a big scary unknown for them of "what exactly does LE have on me/us? what exact conversations did LE capture?" i know if it was me i'd want to know WTF LE has on me in its entirety. yes the probable cause for arrest documents listed some of what LE has, but discovery is not just a list - but the actual materials - and not just some of it but all of it. in addition to the psychological factor, obviously it's also great information and a huge advantage for their defense attorneys to have to start planning their possible defense.

 

[Pawns123]

if true - it has to be great psychologically for the as of yet uncharged alleged masterminds to be able to see all of the privileged discovery materials. otherwise it would be a big scary unknown for them of "what exactly does LE have on me/us? what exact conversations did LE capture?" i know if it was me i'd want to know WTF LE has on me in its entirety. yes the probable cause for arrest documents listed some of what LE has, but discovery is not just a list - but the actual materials - and not just some of it but all of it. in addition to the psychological factor, obviously it's also great information and a huge advantage for their defense attorneys to have to start planning their possible defense.

This is so messed up in so many ways. I can't wait till DM can RIP and his family have full closure.

 

[Pawns123]

if true - it has to be great psychologically for the as of yet uncharged alleged masterminds to be able to see all of the privileged discovery materials. otherwise it would be a big scary unknown for them of "what exactly does LE have on me/us? what exact conversations did LE capture?" i know if it was me i'd want to know WTF LE has on me in its entirety. yes the probable cause for arrest documents listed some of what LE has, but discovery is not just a list - but the actual materials - and not just some of it but all of it. in addition to the psychological factor, obviously it's also great information and a huge advantage for their defense attorneys to have to start planning their possible defense.

Think of the cost of KMs attorneys having to travel to Tally, lodging, rental and food. Not to mention legal fees. Who are we kidding. Garcia needs to flip. His hoochie momma played both sides for her gain. Oh and I will raise you one Breast Aug.

 

[GordonX]

Think of the cost of KMs attorneys having to travel to Tally, lodging, rental and food. Not to mention legal fees. Who are we kidding. Garcia needs to flip. His hoochie momma played both sides for her gain. Oh and I will raise you one Breast Aug.

not to mention time and opportunity cost due to travel. travel time is billable! that's a lot of billable hours! for a long time i couldn't figure out why KM had and kept a Miami attorney for a Tallahasse case. now maybe we know why. defense, control, manipulation, information. the best defense is a good offense. my guess is piss-ant is working overtime behind the scenes.

 

[Razz]

not to mention time and opportunity cost due to travel. travel time is billable! that's a lot of billable hours! for a long time i couldn't figure out why KM had and kept a Miami attorney for a Tallahasse case. now maybe we know why. defense, control, manipulation, information. the best defense is a good offense. my guess is piss-ant is working overtime behind the scenes.

I'm thinking that bringing in these Miami attorneys could come back and bite them in the you know where. I can't imagine Tallehassians going for the big bad Miami lawyers.

Sent from my SM-J700T using Tapatalk

 

[GordonX]

KM needs to "go rogue".

 

[Pawns123]

KM needs to "go rogue".

Someone does. IDK if it is SG or KM at this point. I kinda feel sorry for SG. He was blinded by love, drugs and jealousy. Part of me thinks KM manipulated him as per LRs testimony.

 

[AS-W]

Very possible. I grew up in Tally which is why this case interests me so much. Dan Markel's murder took place at his home which is literally around the corner from my best friend's parents' house. I know all the locations well.
Tallahassee isn't the backward town Wendy describes in her lousy novel. But it is still an old southern city, rather insular despite being the capital and home to both FSU and FAMU. Very different from any place in south Florida.

 

[GordonX]

David Lat inadvertently and subliminally gave us the answer with two of his separate headlines -

Who Is Paying The Defendants’ Legal Fees? = Why Isn’t Katherine Magbanua Cooperating?

 

[Pawns123]

Very possible. I grew up in Tally which is why this case interests me so much. Dan Markel's murder took place at his home which is literally around the corner from my best friend's parents' house. I know all the locations well.
Tallahassee isn't the backward town Wendy describes in her lousy novel. But it is still an old southern city, rather insular despite being the capital and home to both FSU and FAMU. Very different from any place in south Florida.

WA had a deep seeded hatred for her situation and DM. When people hate like that they do irrational things. The book the name change etc....