GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 - #8 *arrests*

[Weki]

I do not think a lawyer in this case would violate their ethical duties to SG and KM. JMO.

Yes as much as I have a real distaste for these lawyers something like this is cause for disbarment so is lying to the court.

I just don’t think there’s a big conspiracy to keep KM quiet. The Adelsons don’t know if KM would use that against them. They can’t trust her and vice versa. The best thing to do for the Adelsons is to stay far far away from KM.

 

[vislaw]

There will be a new trial and it is imperative that the prosecution use the intervening time wisely. Here are the action items I view as most important. I'd be interested to hear thoughts of others as to how this time can best be used by GC and her team.

1) Advise counsel for both KM and SG that both CA and DA will be indicted and tell them the window for making any deal will close upon the charging of the Adelsons.
2) Convene a grand jury and seek indictments against both CA and DA. At the press conference announcing the arrests provide a new tip line and ask the public to assist with providing information relevant to specific issues.
3) Commence a new investigation devoted to undermine KM's testimony that her cash came from tips as a bottle girl. Impeaching this testimony convincingly should be a high priority for the next trial.
4) Subpoena HA under a grant of immunity and question him at the next trial.
5) Subpoena Jessica Rodriguez under a grant of immunity and question her at the next trial regarding her wiretapped calls and text messages to KM.
5) Provide the Dolce Vita audio to a qualified forensic audio laboratory and lay proper foundation for the preparation of a transcript that will be admissible at the new trial.
6) Prepare extensively for a proper cross examination of KM, CA and DA should any or all take the stand.
7) Prepare properly to impeach WA when she is called at the next trial. Her testimony opens several doors and if her brother and mother are defendants she can be interrogated with respect to information not permitted in the last trial.

 

[vislaw]

Do we know when the state offered her an immunity deal?

I was watching an interview GC did after the trial the other day and she said the state doesn’t reach out and offer deals to defendants who are represented by council. It’s the other way around. The defendant and his/her attorneys must reach out to the state. Did KM’s attorneys reach out? Confused on this one.

Matt Shaer confirmed that KM was offered full immunity in his podcast Over My Dead Body. The timing was not specified but it was shortly after she was arrested.

GC's comment was correct in that counsel may not communicate directly with represented defendants. However, counsel can (and routinely does) communicate with their attorneys and the "dance" of plea bargaining is well known to both sides. She would have no problem getting the issue on the table if she thought it would be helpful, just as defense counsel know how to "check the temperature" for a plea without offering anything.

 

[clearskies1]

Yes as much as I have a real distaste for these lawyers something like this is cause for disbarment so is lying to the court.

I just don’t think there’s a big conspiracy to keep KM quiet. The Adelsons don’t know if KM would use that against them. They can’t trust her and vice versa. The best thing to do for the Adelsons is to stay far far away from KM.

Yes, and KM could come back so fast with a bar complaint against her lawyer and seek a new trial based on ineffective assistance of counsel. I don't see it either. JMO.

 

[bbkitty]

I looked up the author of this blog. He appears to have close ties to the A's. Total speculation but I wonder if this is the ex-boyfriend of Wendi's that June U referred to during the interview with investigators. I remember she said Wendi was dating someone named David and David's nanny is who CA ended up getting pregnant. His IG is public and there is a pic of the nanny (who shares the same name that June U mentioned) and her baby.

It’s indeed her ex, David, and he drives a fancy car. Maybe a Porsche or Ferrari. I can’t say for sure as I drive a mini van.

 

[GordonX]

There will be a new trial and it is imperative that the prosecution use the intervening time wisely. Here are the action items I view as most important. I'd be interested to hear thoughts of others as to how this time can best be used by GC and her team.

1) Advise counsel for both KM and SG that both CA and DA will be indicted and tell them the window for making any deal will close upon the charging of the Adelsons.
2) Convene a grand jury and seek indictments against both CA and DA. At the press conference announcing the arrests provide a new tip line and ask the public to assist with providing information relevant to specific issues.
3) Commence a new investigation devoted to undermine KM's testimony that her cash came from tips as a bottle girl. Impeaching this testimony convincingly should be a high priority for the next trial.
4) Subpoena HA under a grant of immunity and question him at the next trial.
5) Subpoena Jessica Rodriguez under a grant of immunity and question her at the next trial regarding her wiretapped calls and text messages to KM.
5) Provide the Dolce Vita audio to a qualified forensic audio laboratory and lay proper foundation for the preparation of a transcript that will be admissible at the new trial.
6) Prepare extensively for a proper cross examination of KM, CA and DA should any or all take the stand.
7) Prepare properly to impeach WA when she is called at the next trial. Her testimony opens several doors and if her brother and mother are defendants she can be interrogated with respect to information not permitted in the last trial.

Excellent! I like it! I believe that GC and her team are already on all of these. This is a high stakes chess game!

 

[Gypsy Road]

Matt Shaer confirmed that KM was offered full immunity in his podcast Over My Dead Body. The timing was not specified but it was shortly after she was arrested.

Thank you.

I guess KM is staying steadfast and claiming innocence for whatever reason. Why would she do this? I know ..I know ...we don’t know — that was a rhetorical question. I guess she didn’t think the evidence against her was strong enough to convict her and she’s taking her chances. No way she’s going to admit to murder.

ETA - maybe KM is like a child - in the way that you can catch a kid in a lie and they will sit there and deny deny deny it thinking they can get away with it even though you have the evidence they are lying.

 

[Gypsy Road]

There will be a new trial and it is imperative that the prosecution use the intervening time wisely. Here are the action items I view as most important. I'd be interested to hear thoughts of others as to how this time can best be used by GC and her team.

1) Advise counsel for both KM and SG that both CA and DA will be indicted and tell them the window for making any deal will close upon the charging of the Adelsons.
2) Convene a grand jury and seek indictments against both CA and DA. At the press conference announcing the arrests provide a new tip line and ask the public to assist with providing information relevant to specific issues.
3) Commence a new investigation devoted to undermine KM's testimony that her cash came from tips as a bottle girl. Impeaching this testimony convincingly should be a high priority for the next trial.
4) Subpoena HA under a grant of immunity and question him at the next trial.
5) Subpoena Jessica Rodriguez under a grant of immunity and question her at the next trial regarding her wiretapped calls and text messages to KM.
5) Provide the Dolce Vita audio to a qualified forensic audio laboratory and lay proper foundation for the preparation of a transcript that will be admissible at the new trial.
6) Prepare extensively for a proper cross examination of KM, CA and DA should any or all take the stand.
7) Prepare properly to impeach WA when she is called at the next trial. Her testimony opens several doors and if her brother and mother are defendants she can be interrogated with respect to information not permitted in the last trial.

Send this to the prosecutor. Please! Lol

 

[vislaw]

Excellent! I like it! I believe that GC and her team are already on all of these. This is a high stakes chess game!

Yes! I have no doubt that they have competent investigators and attorneys working hard. One of the joys of a free society is our ability to discuss and consider the facts and law ourselves. Supposedly the prosecution and defense periodically check this discussion board and, who knows? Maybe some of our ideas will resonate with them or, at least, encourage them in some way. We can always hope and dream!

 

[clearskies1]

Thank you.

I guess KM is staying steadfast and claiming innocence for whatever reason. Why would she do this? I know ..I know ...we don’t know — that was a rhetorical question. I guess she didn’t think the evidence against her was strong enough to convict her and she’s taking her chances.

Or, as discussed previously, she did not want to testify against the father of her children. JMO.

 

[DTPeke]

Random thinking again, and this time about Wendi and the fact that there have only been a few emails released where she is communicating with DA. There are no emails between CA and WA - nor any wire tappped convos that we’ve heard WA speaking. I honestly can’t fathom how this crime was committed without her previous knowledge of it. She had to have given CA, DA and possibly KM some information prior to the crime. When she was on the stand - she blatantly lied —- so many times I thought she was going to go up enfuego. Her nose visibly grew a good 2 inches during that hour on the stand. I’m convinced she was in on the hit, but where is the evidence? Is there any evidence? I want her to go down with the rest of the Adelsons, but I honestly don’t think she will ever be arrested.

I am worried too she might get off completely. She is despicable. What was her response to this sick joke about killing her father's children that was apparently joked about often. There are just some things you don't joke about. Sure we have all said things in anger etc. but she knew the hatred towards Dan by all her family members. Still disparaging DM on the stand. He was going to leave me penniless just the clothes on my back. Please woman what exactly did you bring into the marriage money wise. She did not even have employment, got the job because she was his wife. Not a good look for her. Did she have student loan debts? hmmm does not know if her parents are rich. Most people are in debt after college.....sorry just rambling

Jessica should have been called as a witness. Maybe part of LR deal that they would not involve her? Also disappointed LR was not questioned more about the Wendi spotting. What did she look like? How many kids with her? A description of them and her....but maybe GC knew the answer to those questions so better not to ask on the stand but wish LR could have been questioned more by the detectives on that matter.

 

[GordonX]

Yes! I have no doubt that they have competent investigators and attorneys working hard. One of the joys of a free society is our ability to discuss and consider the facts and law ourselves. Supposedly the prosecution and defense periodically check this discussion board and, who knows? Maybe some of our ideas will resonate with them or, at least, encourage them in some way. We can always hope and dream!

I would add a #8 - Prepare for this possible defense strategy by CA - CA may argue that SG (desperate, criminal, drug-fueled, and not that bright) must have heard of CA's intense dislike of DM in passing from KM so he decided without CA's knowledge or consent to go with his buddy LR and hit DM and then he expected to go back to CA, tell him what he did, and be given big rewards and admiration - and extort him if he wouldn't. SG saw CA as a wealthy "big shot" with lots of money, fancy houses, cars, a Ferrari, and a boat and was willing to do anything to ingratiate himself with CA and get into his inner circle and get a piece of that luxury lifestyle. Why didn't CA go to the cops? He was afraid of SG hurting him and his family!

This defense was tried and failed in this case -

Prosecutors Say Car Dealer's Fast Lifestyle Led to Slaying

 

[Marysmith]

Do we know when the state offered her an immunity deal?

I was watching an interview GC did after the trial the other day and she said the state doesn’t reach out and offer deals to defendants who are represented by council. It’s the other way around. The defendant and his/her attorneys must reach out to the state. Did KM’s attorneys reach out? Confused on this one.

Yeah I’m confused on GC saying that. The State in Florida is legally required to offer a plea deal to all defendants.
ETA - via the defendants Attorneys of course.

 

[vislaw]

Yeah I’m confused on GC saying that. The State in Florida is legally required to offer a plea deal to all defendants.

The State already offered pleas to both defendants and they were refused. In my opinion, she was primarily getting out the message that the ball is in the defense court. Sort of "they know my phone number if they want to talk about it."

 

[Marysmith]

Thank you.

I guess KM is staying steadfast and claiming innocence for whatever reason. Why would she do this? I know ..I know ...we don’t know — that was a rhetorical question. I guess she didn’t think the evidence against her was strong enough to convict her and she’s taking her chances. No way she’s going to admit to murder.

ETA - maybe KM is like a child - in the way that you can catch a kid in a lie and they will sit there and deny deny deny it thinking they can get away with it even though you have the evidence they are lying.

Maybe she has a personality disorder like others in this case seem to. Ugh.

 

[GordonX]

Imagine CA on trial. What could possibly be his defense? His lawyer needs to tell a story to the jury. An alternate theory.

 

[clearskies1]

The State already offered pleas to both defendants and they were refused. In my opinion, she was primarily getting out the message that the ball is in the defense court. Sort of "they know my phone number if they want to talk about it."

What was the plea deal to SG? Life? TIA.

 

[Marysmith]

The State already offered pleas to both defendants and they were refused. In my opinion, she was primarily getting out the message that the ball is in the defense court. Sort of "they know my phone number if they want to talk about it."

I’m wondering if a new trial for KM will be another legal requirement for a new plea deal to be offered... not sure how that works if the charges remain the same but there was a mistrial.

 

[Gypsy Road]

Sorry if this a dumb question....

If the State had anything on Wendi this far - they would have already had to have released it, right?

 

[clearskies1]

I’m wondering if a new trial for KM will be another legal requirement for a new plea deal to be offered... not sure how that works if the charges remain the same but there was a mistrial.

I've never heard of the state being required to offer a plea deal. There is a law in Florida about that? TIA.