GUILTY Fl - Dan Markel, 41, Fsu Law Professor, Tallahassee, 18 July 2014 - #5 *arrests*

[86Violet]

I wouldn't read anything into the fact that KM did not file a response to the OSC today. The Feb. 23 OSC gave KM 30 days from "the date of this Order" to respond. Thirty days from Feb. 23 is Saturday, March 25. In most jurisdictions, when a due date falls on a weekend, the actual due date moves to the following Monday. (I haven't specifically checked Florida, but I assume the rule is the same as elsewhere.) I assume KM will file a response Monday. If she doesn't, then the judge will probably go ahead and grant the state's motion for a conflict of interest inquiry.

Yeah, you're right and they have until Monday to show cause as to why they don't have to comply. But at any rate, the request for the inquiry hasn't been granted and they haven't actually been ordered to produce anything yet. There seemed to be some confusion in prior posts that they had to show the origins of payment today. Whether it's today or Monday, it hasn't gotten that far yet.

 

[GordonX]

Yeah, you're right and they have until Monday to show cause as to why they don't have to comply. But at any rate, the request for the inquiry hasn't been granted and they haven't actually been ordered to produce anything yet. There seemed to be some confusion in prior posts that they had to show the origins of payment today. Whether it's today or Monday, it hasn't gotten that far yet.

i said that they have to respond to the Order, not necessarily show origins, although that could be their choice of response. i said they could even argue attorney-client privilege.

 

[86Violet]

i said that they have to respond to the Order, not necessarily show origins, although that could be their choice of response. i said they could even argue attorney-client privilege.

Gotcha. It would be curious of them to file an objection at this point, since they told the media the funds came from KM's family. My friend at the Tallahassee Democrat told me that Decoste told him the funds came from KM's family, most of whom is still in the Phillippines. Which strikes me as odd since the Phillippines is a very impoverished country. I'm still team No Collusion Among the Attorneys. But since Georgia Cappleman's motion, I've become much more interested in learning the origin of the attorney fee money.

 

[GordonX]

Gotcha. It would be curious of them to file an objection at this point, since they told the media the funds came from KM's family. My friend at the Tallahassee Democrat told me that Decoste told him the funds came from KM's family, most of whom is still in the Phillippines. Which strikes me as odd since the Phillippines is a very impoverished country. I'm still team No Collusion Among the Attorneys. But since Georgia Cappleman's motion, I've become much more interested in learning the origin of the attorney fee money.

if they argue attorney-client privilege, it kicks the can down the road for their alleged puppet master and benefactor. delay, delay, delay at the expense of KM but for the benefit of the alleged masterminds. the alleged masterminds can continue to remain free for that much longer and a luxury condo sure beats a cold jail cell.

3/27/2017 RESP ‹‹-Req RESPONSE RESPONSE TO SHOW CAUSE ORDER REGARDING STATES MOTION FOR CONFLICT OF INTEREST INQUIRY JIS

https://cvweb.clerk.leon.fl.us/publ...p?report=full_view&caseid=0&jiscaseid=1129969

 

[GordonX]

someone here really needs to sign up for instant access to these docs!

 

[Razz]

someone here really needs to sign up for instant access to these docs!

So what does this mean? Have KM's attorneys responded to the ADA' s
request? And we haven't seen it because it requires $ to see the case file? Certainly we should hear soon enough from a news outlet. No, yes?!

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[Razz]

if they argue attorney-client privilege, it kicks the can down the road for their alleged puppet master and benefactor. delay, delay, delay at the expense of KM but for the benefit of the alleged masterminds. the alleged masterminds can continue to remain free for that much longer and a luxury condo sure beats a cold jail cell.

3/27/2017RESP ‹‹-ReqRESPONSE RESPONSE TO SHOW CAUSE ORDER REGARDING STATES MOTION FOR CONFLICT OF INTEREST INQUIRY JIS

https://cvweb.clerk.leon.fl.us/publ...p?report=full_view&caseid=0&jiscaseid=1129969

I can't help but think the delay, delay, delay is an effort to allow the A' s time to "rearrange" all assets so they can't be taken away at some point. Also, I think the defense is trying very hard to cast doubt on the whole Adelson involvement
(Oh, and KM's too) and they need time and more time to do that.

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[GordonX]

So what does this mean? Have KM's attorneys responded to the ADA' s
request? And we haven't seen it because it requires $ to see the case file? Certainly we should hear soon enough from a news outlet. No, yes?!

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1. Yup they responded. But we don't know how.
2. It takes 7 days to get the document via email unless you sign up for instant access. Both are free.
3. News outlets may not report anything especially if the response is inconsequential.

 

[GordonX]

I can't help but think the delay, delay, delay is an effort to allow the A' s time to "rearrange" all assets so they can't be taken away at some point. Also, I think the defense is trying very hard to cast doubt on the whole Adelson involvement
(Oh, and KM's too) and they need time and more time to do that. I think that was mostly done long ago.

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No I just think it's standard criminal defense tactics to kick the can down the road and live to fight another day. However, a side benefit of that would be time to move/rearrange assets but I don't believe that's the primary reason.

 

[cvaldez1975]

I am not sure if there is collusion or not. I do think if her family paid, they received the funds from you know who.

Gotcha. It would be curious of them to file an objection at this point, since they told the media the funds came from KM's family. My friend at the Tallahassee Democrat told me that Decoste told him the funds came from KM's family, most of whom is still in the Phillippines. Which strikes me as odd since the Phillippines is a very impoverished country. I'm still team No Collusion Among the Attorneys. But since Georgia Cappleman's motion, I've become much more interested in learning the origin of the attorney fee money.

 

[86Violet]

They requested the judge deny the motion for conflict of interest inquiry. In a gist, they said the state is making assumptions as to a potential conflict and has no proof that any exists. They steadfastly deny that a conflict of interest exists. They said that to grant the conflict of interest inquiry would result in a "fishing expedition" and allow them to obtain discovery to which they are not entitled.

I'm inclined to think the judge will grant the motion anyway...I can't wait to see what happens.

 

[GordonX]

They requested the judge deny the motion for conflict of interest inquiry. In a gist, they said the state is making assumptions as to a potential conflict and has no proof that any exists. They steadfastly deny that a conflict of interest exists. They said that to grant the conflict of interest inquiry would result in a "fishing expedition" and allow them to obtain discovery to which they are not entitled.

I'm inclined to think the judge will grant the motion anyway...I can't wait to see what happens.

ah ha! the old "Who are you going to believe, me or your lyin' eyes?" defense. they are going to deny, deny, deny and delay, delay, delay and not give an inch or show proof of origin (doubtful they have it) until they absolutely have to. it's going to be a long, hard slog.

 

[GordonX]

Magbanua's attorneys: State on a 'fishing expedition'
Karl Etters , Democrat staff writer 4:17 p.m. ET March 27, 2017

Katherine Magbanua’s attorneys say prosecutors are on a fishing expedition to figure out who is paying her legal fees.

Last month, Assistant State Attorney Georgia Cappleman set out to figure out whether the former in-laws of slain Florida State University law professor Dan Markel were paying for two Miami lawyers defending Magbanua, who is suspected of being the conduit in the murder-for-hire plot.

Cappleman said the money trail leads to co-conspirators in the case. But in a Friday court filing, Magbanua’s attorneys Tara Kawass and Christopher DeCoste say prosecutors are doing so on the basis of “conjecture rather than proof.” They want Leon Circuit Court Judge James Hankinson to deny the request.

A case management conference is scheduled for May 1.

Magbanua is the third person charged in connection with Markel’s July 18, 2014, murder. The 41-year-old was shot point-blank in the head in his Betton Hills garage.

The father of Magbanua's two children, Sigfredo Garcia, and his childhood friend, Luis Rivera, also have been charged. Rivera has already been sentenced for his role and Garcia awaits trial.

But investigators say Markel’s former in-laws hired Garcia and Rivera to travel to Tallahassee from Miami to kill Markel, a renowned Florida State University law professor. The motive, investigators contend, was the family's desire to move Markel's two young boys to South Florida following his contentious divorce from ex-wife Wendi Adelson.

Her brother Charlie Adelson and mother Donna Adelson have been implicated in the murder plot by Tallahassee Police investigators and prosecutors.

Details of the Tallahassee Police Department probable cause affidavit released the morning of June 2, 2016 reveal the route taken by murder suspect, Sigfredo Garcia. Alvin McBean/Democrat

Having the Adelsons pay Magbanua’s legal fees could present a conflict of interest for her attorneys.

“The state has failed to set forth any facts that make it ‘sufficiently apparent’ that the possibility of a conflict exists,” Kawass and DeCoste wrote. “(They) assume that the members of the Adelson family, none of whom have been arrested or charged in association with this case, are financing Ms. Magbanua’s legal fees, but does so without mere conjecture rather than proof.”

Cappleman asserted that without gainful employment, it would be impossible for Magbanua to pay for her attorneys. She cited the 33-year-old’s 2014 and 2015 income – which investigators say was supplemented by payment for the murder – would not be enough to fund her defense.

Magbanua's attorneys, however, say the prosecution should not be granted access to who pays her legal bill based on "mere speculation." Doing so, they argue, could set a precedent for disclosing such information in any case.

It "defies legal standards," their motion says, "but will also give the prosecution the leeway to engage in bad faith 'fishing expeditions' to obtain information to which they are not legally entitled."

Contact Karl Etters at ketters@tallahassee.com or @KarlEtters on Twitter.

http://www.tallahassee.com/story/ne...-attorneys-state-fishing-expedition/99698388/

 

[GordonX]

how much do you want to bet that Oscar helped them formulate and write that response?

 

[Razz]

how much do you want to bet that Oscar helped them formulate and write that response?

Oscar? Is that CA's attorney?

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[dotr]

Oscar? Is that CA's attorney?

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http://markuslaw.com/firm-profile/

Throughout his career, David Markus has zealously and successfully represented defendants in high-stakes litigation at the trial level all the way to the Supreme Court. He takes part in all of the Firm’s cases, and his contact information is on the speed dial of professionals (and even filmmakers). He is frequently profiled as one of the best criminal defense lawyers in Miami and described as a “vigorous defender” and “one of the best trial lawyers around: very smart, highly respected and thoroughly prepared.”

Some of the Firm’s current high-profile clients include:

• Charles Adelson

 

[DexterMorgan]

Her lawyers make it sound like The Adelsons are or at least did fund a portion of her legal fees.

Hopefully the judge subpoena the information and seal the docs if needed.

 

[Razz]

http://markuslaw.com/firm-profile/

Scary guy. So who is Oscar?

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[Indy Anna]

Scary guy. So who is Oscar?

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The Firm’s founder, David Oscar Markus, is a Harvard-educated lawyer who has been described as “wickedly smart and a terrific trial lawyer.” His clients say that he is “the whole package” and “a creative, courageous and tenacious courtroom advocate.”
<snip> http://markuslaw.com/firm-profile/
BBM

 

[GordonX]

The Dan Markel Case: Lingering Questions Over Who&#8217;s Paying Katherine Magbanua&#8217;s Legal Fees
By DAVID LAT
at 3:27 PM
March 28, 2017

http://abovethelaw.com/2017/03/the-...r-whos-paying-katherine-magbanuas-legal-fees/