GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 - #6 *arrests*

[Niner]

@SeesSeas - the article dated 5/2 says there is a motion hearing set for "next week". Could you look that up & see what date that might be. I have the final pretrial hearing on 5/21.

TIA!

 

[SeesSeas]

@SeesSeas - the article dated 5/2 says there is a motion hearing set for "next week". Could you look that up & see what date that might be. I have the final pretrial hearing on 5/21.

TIA!

GARCIA - MOTION HEARING 5/7/2019 1:30 PM
4/30/2019 MOCO MOTION FOR CONTINUANCE Motion to Continue TRIAL

An interesting motion on Magbanua's docket:
MAGBANUA - 5/1/2019 MOTION NON-PARTY MOTION FOR PROTECTIVE ORDER

https://cvweb.clerk.leon.fl.us/public/online_services/search_courts/search_by_name.asp
37 2016 CF 001581 A - STATE OF FLORIDA vs GARCIA, SIGFREDO
Event Date Start Location Judge Result Source
JURY NON JURY TRIAL 6/3/2019 8:30 AM HANKINSON JIS
5/21/2019 10:30 AM HANKINSON JIS
MOTION HEARING 5/7/2019 1:30 PM HANKINSON JIS
MOTO CONTINUE (15 MINS)

Docket Date Docket Code Docket Text
4/25/2019 OAEX ‹‹-Req ORDER APPOINTING EXPERT ORDER ON MOTION TO APPOINT MITIGATION SPECIALIST JIS
4/26/2019 ODER ‹‹-Req ORDER AGREED ORDER ON MOTION TO APPOINT MITIGATION SPECIALIST JIS
4/29/2019 ANDD ‹‹-Req ANSWER TO DEMAND FOR DISCOVERY AMENDED ANSWER TO DEMAND FOR DISCOVERY JIS
4/30/2019 MOCO ‹‹-Req MOTION FOR CONTINUANCE Motion to Continue TRIAL JIS
5/1/2019 ORGR ‹‹-Req ORDER GRANTING ORDER AUTHORIZING THE DEFENSE TO INCUR ADDITIONAL COSTS FOR NEUROPSYHOLOGIST JIS
5/1/2019 ANDD ‹‹-Req ANSWER TO DEMAND FOR DISCOVERY Answer to Demand for Discovery (Amended) JIS
5/1/2019 ANDD ‹‹-Req ANSWER TO DEMAND FOR DISCOVERY Answer to Demand for Discovery (Amended) JIS
5/2/2019 ODER ‹‹-Req ORDER AMENDED ORDER AUTHORIZING THE DEFENSE TO INCUR ADDITIONAL COSTS FOR COURT REPORTER TRANSCRIPTS


37 2016 CF 003036 A - STATE OF FLORIDA vs MAGBANUA, KATHERINE D
Event Date Start Location Judge Result Source
JURY NON JURY TRIAL 6/3/2019 8:30 AM HANKINSON JIS
5/21/2019 10:30 AM HANKINSON JIS

Docket Date Docket Code Docket Text
5/1/2019 MOTN ‹‹-Req MOTION NON-PARTY MOTION FOR PROTECTIVE ORDER JIS
5/1/2019 NOTO ‹‹-Req NOTICE TO/OF: NON PARTY EXHIBIT 1

 

[Razz]

The defense is making use of a neuropsychologist? Possible damage to the brain? The damage to my brain made me do it defense?

And what does non party mean and why are they requesting a protective order for KM?

 

[missunshine]

Appears one of the defense attorneys is seeking a delay because his girlfriend is having a baby in July.

Attorney for Dan Markel murder suspect asking for delay

 

[Niner]

Tuesday, May 7th:
*Motion Hearing (@ 1:30pm ET) - FL – Daniel Eric Markel (41) (July 18, 2014, Tallahassee) – only for *Sigfredo Garcia (34) arrested & charged (5/25/16) with 1st degree murder, conspiracy & solicitation of murder. Plead not guilty. Held without bond. DP case.
Murder for Hire hit man. They split a $100K payoff for murder.
*Katherine Magbanua (32) (Garcia's wife) arrested (Oct. 2016) & charged with 1st degree murder, conspiracy & solicitation of murder were brought together into one case on Tuesday (3/20/18). Plead not guilty. Held without bond.
KM has rejected several offers of immunity for her testimony.
6/21/18 Update: On 6/19 hearing SG’s lawyers failed to show. On 6/20 hearing DA gets to merge SG & KM trials together. Next pretrial hearing 9/18 & 10/4, trial starts 10/8/18.
9/18/18 Update: A trial for two people accused of killing Florida State law professor Dan Markel will not go on as planned next month. A motion by Katherine Magbanua’s attorneys, to continue the case due to one of them needing ongoing medical treatments (one of Magbanua's attorneys has been battling a "life-threatening medical condition".), was accepted by Leon Circuit Judge James Hankinson. Their trials remain joined. Both return for a case management hearing on 11/19. Trial will likely be delayed until at least March.
11/19/18 Update: Another delay Monday when the pair appeared before Leon Circuit Court Judge James Hankinson without any legal representation. Hankinson moved the case management conference to Tuesday (11/20). Garcia’s attorney may handle the case management conference by phone & Magbanua’s attorney, apparently from Miami, will probably appear in the court on Tuesday, according to one of the judge’s assistants. Both defendants will be tried together, unless one or both choose to change their pleas.
11/20/18 Update: Final Pretrial hearing on 5/21, and trial is set for 6/3. 4/30/19: Motion hearing for trial continuance on 5/7 for Garcia only. 5/1/19: Magbanua files Motion non-party motion for protective order.
Accomplice:
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2016) & plead guilty to 2nd degree murder. Will testify against Garcia & Magbanua. Will receive 19-year sentence to run concurrently with his 12 year Federal time, which he is already serving.
POIs: Wendi Adelson (ex-wife of Markel), her bro Charlie, mom Donna Sue Adelson (68) & father Harvey Adelson

 

[DropthePuck]

The judge has DENIED the absurd request from the defense to delay the trial due to the impending birth of one of the attorney's baby in July.

Judge denies trial delay in Dan Markel murder case

 

[Gardenista]

The judge has DENIED the absurd request from the defense to delay the trial due to the impending birth of one of the attorney's baby in July.

Judge denies trial delay in Dan Markel murder case

GOOD!

 

[kay74]

The defense is making use of a neuropsychologist? Possible damage to the brain? The damage to my brain made me do it defense?

And what does non party mean and why are they requesting a protective order for KM?

Yes, what's with this protective order for KM??

 

[kooshx]

GOOD!

Right. It seems like the judge is finally fed up with the endless delays...

"With three weeks, we're still outside your margin of error that the doctor's given you," Circuit Judge James Hankinson said. “This case has been going on for a long time and needs to be resolved."

It's not stopping the co-counsel from taking another stab at it, though...

Her attorney filed a request for a delay on Tuesday morning citing recent health concerns and what she says is difficulty in scheduling depositions and getting evidence from the state. Defense attorney Tara Kawass described it as a “monster trial,“ saying prosecutors “have moved like the tortoise and in response expect us to move like the hare.”

 

[kooshx]

One continuance in Dan Markel trial denied, another still in limbo

Looks like Wendi is expected to testify and is being offered immunity to do so!

Adelson is expected to assert her Fifth Amendment right against self-incrimination when she is deposed by the defense team, Magbanua’s attorney Chris DeCoste wrote in his request for a postponed trial date.

“(She) has decided to throw a change up at the last minute and is expecting to assert her Fifth Amendment rights at deposition, but answer the government’s trial subpoena, which confers upon her immunity, and testify at trial,” DeCoste wrote in his 2:23 a.m. motion for a continuance. “The risk of her saying something on the stand that leads to a mistrial is high. More importantly, learning what she has to testify about while she is on the stand absolutely prejudices Ms. Magbanua.”

In an interview, DeCoste said not being able to question a key state’s witness before trial could prove troubling for his defense strategy.

“That’s an attempt to use the Fifth Amendment as a shield and sword,” he said. “She needs to sit before us and answer the questions we have. For all we know Wendi Adelson is going to start lying to save her family.”

[Break]

Wendi Adelson’s attorney, John Lauro, said there have been a number of misleading statements regarding her possible knowledge of the plot. She participated in an 8-hour interview with police the day her ex-husband was killed, and Magbanua’s attorneys will have ample time to cross examine her at trial, he said.

Waiting until constitutional immunity is available is the best option for her.

“There are cooperating witnesses, such as Rivera, who have made outright lies about Wendi that have been proven to be untrue,” Lauro said. “Once Wendi is subpoenaed properly by the state, she is going to testify and cooperate fully. We expect that’s going to happen.”

 

[Niner]

Oh - never mind I see a hearing on 5/21.

 

[GordonX]

In an interview, DeCoste said not being able to question a key state’s witness before trial could prove troubling for his defense strategy.
“That’s an attempt to use the Fifth Amendment as a shield and sword,” he said. “She needs to sit before us and answer the questions we have. For all we know Wendi Adelson is going to start lying to save her family.”

wow! this is a very surprising statement for DeCoste to make!

 

[TTF14]

In an interview, DeCoste said not being able to question a key state’s witness before trial could prove troubling for his defense strategy.
“That’s an attempt to use the Fifth Amendment as a shield and sword,” he said. “She needs to sit before us and answer the questions we have. For all we know Wendi Adelson is going to start lying to save her family.”

wow! this is a very surprising statement for DeCoste to make!

Well, he's not wrong.... But yes, how nice of him to tell us he knows the family is involved in this hit.

 

[Indy Anna]

Yes, what's with this protective order for KM??

I wonder if this is a sign KM will start cooperating?

 

[Indy Anna]

In an interview, DeCoste said not being able to question a key state’s witness before trial could prove troubling for his defense strategy.
“That’s an attempt to use the Fifth Amendment as a shield and sword,” he said. “She needs to sit before us and answer the questions we have. For all we know Wendi Adelson is going to start lying to save her family.”

wow! this is a very surprising statement for DeCoste to make!

I think this all points to KM being afraid of the A's. Knowing that WA would be granted immunity and testifying may spur KM to tell the truth to counter WA's potential lies that would place a greater weight of the blame on her (KM). So, that may also explain the request for a protective order. As has been suggested here previously, KM may not be talking because of threats from the A's. Hopefully, that is about to change.

 

[kooshx]

I think this all points to KM being afraid of the A's. Knowing that WA would be granted immunity and testifying may spur KM to tell the truth to counter WA's potential lies that would place a greater weight of the blame on her (KM). So, that may also explain the request for a protective order. As has been suggested here previously, KM may not be talking because of threats from the A's. Hopefully, that is about to change.

Yes, dangling immunity for WA may be a power play by the DA. "Fine, KM, if you're not going to accept our generous immunity offer, we'll just cut a deal with someone else and you guys can take the entire fall for the masterminds' scheme." As you mentioned, it would be good news if this finally provoked KM to cooperate.

 

[dotr]

This case is starting to remind me of a Game of Thrones!


LATINO PRISON GANGS: Latin Kings

 

[AC's Grandma]

I'd like KM to cooperate and talk but I would hate for WA to get immunity for in a roundabout way of killing her husband. She's as guilty as her mother and brother.

 

[kay74]

These delays are a joke. Good for the judge, putting his foot down.

 

[kay74]

I'd like KM to cooperate and talk but I would hate for WA to get immunity for in a roundabout way of killing her husband. She's as guilty as her mother and brother.

What's WA going to say, "I knew nothing about this happening". She already said that.