GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #11

[Carol1953]

Sgt. Corbett was able to testify that Yindra Mascaro provided an explanation for the July 1, 2014 voice mail from SG to HA. I don't know what Corbett would have said if he was allowed to give more testimony about Moscaro, but there is an affidavit by Moscara in which she says that Magbanua told her that SG "was jealous of [CA] and actually attempted to call him after getting a number out of [KM's] phone, which he supposedly left a threatening message." https://abovethelaw.com/wp-content/uploads/2016/08/Statement-of-Yindra-Mascaro.pdf I'm thinking the state is going to say that SG got HA's number from KM's phone and called that number leaving a threatening message regarding the CA/KM relationship. (When Moscaro testified in the first trial she said that KM got dental work done by HA so it seems possible that HA's number was in her cell phone). The defense would not want that type of testimony in because they will probably claim that the SG/HA phone contact was a direct communication about the murder. Needless to say this is all my speculation .... JMO.

Thanks!

 

[KidonGadol]

Snip - I'm thinking the state is going to say that SG got HA's number from KM's phone and called that number leaving a threatening message regarding the CA/KM relationship.

I would have thought the Defense might say that. And why would SG want to involve poor Harvey in what his son is doing ?
Vastly more important question - why would SG drive to Tallahassee and park near Premier Fitness on 1st of July to send that message or at least make that call ? He must have other business in Tallahassee.

As for sending threatening messages , it might be a subliminal message - " I have a lot of information on you that you did not Think I have , so if you intend to make me your fall guy , don't try it "

Here's something that nobody has mentioned. What do the door logs for Premier fitness (Talla) say about Dan's time in and out of Premier on the day that call was made ? It's clear from other testimony that Dan swipes in and out of that fitness centre. Has GC checked (or her minions checked ), or have they dropped the ball on this one ?

 

[KidonGadol]

I may be missing something here, but I don't believe Charlie ever planned to go to Tallie in this time period. I'd bet he never wanted to meet with or ever associate with him, ever. No need to risk this. Unless you believe the defense narrative.

Mistake on my part - Cappleman is very ambigous. She seems to be suggesting that the caller was calling from Sth Florida . Now after reviewing the current Corbett testimony it's clear that SG was in the vicinity of of Premier fitness in Tallahassee when he called HA's hand set in Sth FL. The July SG to HA call was at about 5:30pm. It looks as if this was the time of the Non Rivera trip to Tallahassee.

 

[mdwannabejd]

I wonder when they will arrest Wendi Adelson. the evidence that she participated in the planning and in executing the execution is mounting. Will she get arrested after a conviction of Magbanua? Or after a conviction of Charlie Adelson?

 

[missunshine]

I would have thought the Defense might say that. And why would SG want to involve poor Harvey in what his son is doing ?
Vastly more important question - why would SG drive to Tallahassee and park near Premier Fitness on 1st of July to send that message or at least make that call ? He must have other business in Tallahassee.

As for sending threatening messages , it might be a subliminal message - " I have a lot of information on you that you did not Think I have , so if you intend to make me your fall guy , don't try it "

Here's something that nobody has mentioned. What do the door logs for Premier fitness (Talla) say about Dan's time in and out of Premier on the day that call was made ? It's clear from other testimony that Dan swipes in and out of that fitness centre. Has GC checked (or her minions checked ), or have they dropped the ball on this one ?

I use to be a member there- and you only swipe coming in, not going out. But maybe that’s changed.

 

[vislaw]

I wonder when they will arrest Wendi Adelson. the evidence that she participated in the planning and in executing the execution is mounting. Will she get arrested after a conviction of Magbanua? Or after a conviction of Charlie Adelson?

I would not hold my breath waiting for Wendi to be arrested. There is simply insufficient evidence from which the prosecution could feel comfortable proving her guilt beyond a reasonable doubt. It would be much more likely to see an arrest of Donna Adelson, in my opinion, and I doubt we will see that any time in the near future.

 

[FreddyG]

I would not hold my breath waiting for Wendi to be arrested. There is simply insufficient evidence from which the prosecution could feel comfortable proving her guilt beyond a reasonable doubt. It would be much more likely to see an arrest of Donna Adelson, in my opinion, and I doubt we will see that any time in the near future.

Yeah I second this. Having watched both Wendi's and Lacasse's testimony last night, I'm more convinced than ever that Wendi knew something was up. Whether she was a planner or knew specific details is less clear. And even if she was aware of a pending crime and did nothing, I don't think that's a basis for criminal liability (crim experts, let me know if that's not right).

There is some evidence that she abetted the crime, or at least tried: Lacasse's testimony that before they parted ways early the week Dan was killed, she grilled Lacasse to confirm he was planning to head out of town Friday 11am. This abetted the crime, or at least sought to, by creating an alternative suspect to detract from the identity of the real perpetrators. Then Wendi mentioned Lacasse as a potential suspect in her initial police interview, which is another act in support of creating an alternative suspect.

Even with all this, though, there's still not enough to charge Wendi IMO. She could explain both of those instances above innocently, such as by saying that she was thinking about seeing Jeffrey that weekend and wanted to confirm his availability. While I remain convinced she certainly knew what was going on and may have even provided marginal assistance, that's not the same as having evidence sufficient to meet the high RD standard.

 

[vislaw]

... And even if she was aware of a pending crime and did nothing, I don't think that's a basis for criminal liability (crim experts, let me know if that's not right).
....

There is generally no duty to report a crime or do anything to stop a crime being committed. Florida has a statute regarding failing to report child abuse to the authorities, I believe, but I'm not aware of any law that would apply to Wendi, even if it could be proven she had some knowledge.

I was somewhat surprised she wasn't asked directly on cross whether she believed her brother Charlie was involved. I would have been interested to see her answer that directly.

 

[FreddyG]

Further to my above post, I watched Wendi and Lacasse's testimony yesterday and was riveted.

On direct, Wendi had a peculiar affect: She nodded and made a strange open-mouth pursed-lips face responding to each question. It was almost a caricature of innocent affect, seemed to me like something she was coached to do. Mostly her answers were pretty tame on direct, since Cappleman only had her there to establish some pretty basic facts. But when Cappy asked if it was "Very important" for Wendi to move out of Tallahassee and Wendy said "it wasn't very important" that struck me as totally implausible based on the other evidence, esp Lacasse's testifying that she was obsessed with hating Tally and wanting to leave. I suspect Wendi thought she could answer dishonestly bc it is hard to impeach her on the level of intensity of her preference to leave. In her lawyer's mind she could be saying "Well no it wasn't very important, it was super important" or some such casuistry. I doubt the jury will pick it up but it seemed deeply dishonest to me and caused me to further doubt her veracity.

I was far less impressed by Decoste's aggressive cross than others seem to have been. I am not a criminal defense lawyer and have never been on a jury but the strategy seems to have been to create a narrative of the case by saying "X is true, isn't it," where X is some damaging fact. It does put a narrative out there but Wendy was very cool and effective and simply saying "no" to each assertion and never really getting rattled. Again, not sure how this will play to the jury but it seemed to me like a lot of aggressive show without landing any real damaging blows.

Lacasse's testimony was more interesting to me than most HBO shows. He came off entirely credible, trustworthy, and sympathetic. FIrst off, when he took the stand I did a double take because it looked like Dan's identical twin with stubble and a few more years. See screenshot below. And while his testimony was devastating to Wendi and the theory that the Adelsons were not involved, I'm not sure what blows he landed against the defendant in this case. This makes me wonder about the interesting brewing development at the trial, where both sides want something in common: To inculpate Charlie and the Adelsons. They differ only on whether Magbanua was involved. And while of course evidence here is not admissible in any future trial against Charlie or Donna or Wendi, it's all out there in the public record and it looks terrible.

Wendi in particular suffered horribly from this testimony. Clearly Lacasse has changed massively from the dude in the initial interview who was still love-struck by Wendi's "sensuality." I thought I knew this case well but his revelations about her being manipulative and a liar were candid and convincing. And something was clearly up with her in the weeks before the murder--her inexplicable nerves so bad she needed Pepto and then the revelation about Charlie's discussing a hitman the summer before. Then the strange insistence on needing to be in town on the 18th and grilling Lacasse about when he was leaving town that day. It's all incredibly bad for her, if still short of evidence of liability.

Lacasse was also a terrible witness for Charlie, who came off as a boastful proud of his connection with Miami's significant criminal element. But even so, none of this really landed vs Magbanua--hence Kawass basically softballed him on cross. And I wonder again if there's almost an understanding between the two sides to amp up the evidence of the Adelsons' guilt as a win-win. In fact at this point I suspect the state cares less about Magbanua than Adelson (as someone with a personal stake in this matter, I certainly do for what that's worth). Clearly they want to nail Katie, but this trial has come to seem to me more like stage-setting than the main event.

ETA: Does anyone have a non paywalled link to the article that ran on Tallahassee.com titled "End the Madness"? I'm curious to know the author's take, and in particular what madness he's urging to end.

Tallahassee Democrat

www.tallahassee.com

 

[clearskies1]

Mistake on my part - Cappleman is very ambigous. She seems to be suggesting that the caller was calling from Sth Florida . Now after reviewing the current Corbett testimony it's clear that SG was in the vicinity of of Premier fitness in Tallahassee when he called HA's hand set in Sth FL. The July SG to HA call was at about 5:30pm. It looks as if this was the time of the Non Rivera trip to Tallahassee.

Regarding the July 1, 2014 call from SG's phone to HA's phone, I didn't hear testimony from Corbett about where SG's cell phone was when that call was made. The testimony I heard was that LE did a "tower dump" and cross checked the phone numbers that were near the Tally Premiere the morning of the murder (July 18, 2014) with the phone records of the known people surrounding the case -- apparently at that time the only known people were the Adelsons and Dan Markel. LE found that one number that was near Tally Premiere the morning of July 18 had called HA's cell on July 1, 2014. That number was SG's. But I didn't hear any testimony about the location of SG's phone on July 1 when the call was placed to HA. See testimony starting from 3:09:30 to approx 3:23:30.

 

[clearskies1]

Is there any evidence that SG knew that it was (allegedly) CA who was paying for the hit? Did he even know that Wendi's last name was Adelson?

 

[vislaw]

Is there any evidence that SG knew that it was (allegedly) CA who was paying for the hit? Did he even know that Wendi's last name was Adelson?

I believe the only direct evidence regarding Garcia's knowledge comes from Luis Rivera who said he told him the Adelson family was paying for the hit. Here's his testimony from the last trial:

Q All right. so Garcia hired you to do a murder, didn't he?
A Yes, ma'am.
Q And who hired him?
A The Adelson family.
Q I am sorry?
A The Wendi family.
Q Wendi's family hired him?
A Yeah.
Q And how was Wendi's family connected to Sigfredo Garcia?
A Because Katie, Katie was dating the dentist.
Q Okay. Did Katie know about the murder?
A Yes, ma'am.
Q Did Katie have a role in hiring Sigfredo Garcia?
A Yes, ma'am.
Q How do you know that?
A Because he told me.

 

[Gypsy Road]

I also doubt Wendi will ever be arrested - or Donna unfortunately …unless there’s also some wire tape or video recording that’s still out there getting analyzed that has some incriminating evidence, but I doubt it there is at this point. I also wonder at what point in time did the authorities start wire tapping all their phones and if they all had burner phones. I’m glad Charlie has been arrested, and I pray he is convicted, but it’s a dang shame that neither Donna or Wendi will ever be brought to justice for the murder of Dan.

 

[Marysmith]

I also doubt Wendi will ever be arrested - or Donna unfortunately …unless there’s also some wire tape or video recording that’s still out there getting analyzed that has some incriminating evidence, but I doubt it there is at this point. I also wonder at what point in time did the authorities start wire tapping all their phones and if they all had burner phones. I’m glad Charlie has been arrested, and I pray he is convicted, but it’s a dang shame that neither Donna or Wendi will ever be brought to justice for the murder of Dan.

It sure is. I still can’t bring myself to believe they may not ever be charged honestly. :/ I do think Charlie has a good chance of being convicted and I hope he gets life and serves it in a prison far away from Miami. Wendi and Donna have definitely had repercussions and I’m sure massive stress that we can’t even imagine, I hope, but it still would be so disappointing that they might not be charged.
Maybe Charlie will take a deal and talk? His life has gone down the tubes because of Dan’s murder. He can barely work and his reputation is tarnished.

 

[vislaw]

I also doubt Wendi will ever be arrested - or Donna unfortunately …unless there’s also some wire tape or video recording that’s still out there getting analyzed that has some incriminating evidence, but I doubt it there is at this point. I also wonder at what point in time did the authorities start wire tapping all their phones and if they all had burner phones. I’m glad Charlie has been arrested, and I pray he is convicted, but it’s a dang shame that neither Donna or Wendi will ever be brought to justice for the murder of Dan.

I'm not so sure about Donna. To begin with, her emails to Wendi are incredibly vile and contain numerous outright requests that Wendi commit fraud upon Dan and the court. She lays out clearly the motivations that made the murder necessary for the Adelson family. Then, after the bump occurs she calls Charlie and says the following:

Donna: “I got some paperwork hand-delivered to me.”
Charlie: “Does it involve me or other people?”
Donna: “Well probably both of us… probably the two of us. You probably have a general idea what I’m talking about.”

Charlie: “If it’s a threat you go to the police.”
Donna: “I don’t think that’s a good idea.”

Charlie: “Obviously, don’t talk about things in the apartment or any place.”
Donna: “Obviously.”

Charlie: “What did they ask for?”
Donna: “This TV was probably about five.”
Charlie: “They asked you for five thousand dollars?”
Donna: “And mentioned an ex-girlfriend.”

Let's assume Katie and Charlie both get convicted. If that occurs, I believe the prosecutor will seek an indictment against Donna given that the conspiracy will be bolstered by the convictions, and there is certainly sufficient circumstantial evidence that would support a guilty verdict against Donna. If they are sitting on convictions against Katie, Sigfredo, and Charlie, it is hard to see why they wouldn't roll the dice and indict Donna. At a minimum, I would expect them to pressure Donna to get at least some sort of plea.

 

[Gypsy Road]

Snipped.

You know, I didn’t think about that. If KM and CA are convicted - that’s a perfect scenario that might just get Donna brought in on charges finally. She absolutely hated Dan. There’s a lot of circumstantial evidence there indicating she was at least of one of the masterminds to the plan of murdering poor Dan. I strongly think Donna was the one initially pushing for it, and Charlie was in agreement and they all worked as a team (including Wendi) to make it happen. I also hold strongly that Wendi knew it was going to happen and exactly when. If the prosecution is successful at getting convictions on KM and CA - which I pray they are —- I hope to God they go after Donna and Wendi. I still think Wendi might be a long shot, but either way - her life as she knew is over! Especially if her mom and brother are convicted.

Let's assume Katie and Charlie both get convicted. If that occurs, I believe the prosecutor will seek an indictment against Donna given that the conspiracy will be bolstered by the convictions, and there is certainly sufficient circumstantial evidence that would support a guilty verdict against Donna. If they are sitting on convictions against Katie, Sigfredo, and Charlie, it is hard to see why they wouldn't roll the dice and indict Donna. At a minimum, I would expect them to pressure Donna to get at least some sort of plea.

 

[Marysmith]

Snipped.

You know, I didn’t think about that. If KM and CA are convicted - that’s a perfect scenario that might just get Donna brought in on charges finally. She absolutely hated Dan. There’s a lot of circumstantial evidence there indicating she was at least of one of the masterminds to the plan of murdering poor Dan. I strongly think Donna was the one initially pushing for it, and Charlie was in agreement and they all worked as a team (including Wendi) to make it happen. I also hold strongly that Wendi knew it was going to happen and exactly when. If the prosecution is successful at getting convictions on KM and CA - which I pray they are —- I hope to God they go after Donna and Wendi. I still think Wendi might be a long shot, but either way - her life as she knew is over! Especially if her mom and brother are convicted.

I hope you are right vislaw! I believe Wendi knew as well.
Gosh, what family thinks this up as even a possibility?! Like sometimes you don’t like your family member’s spouses or ex-spouses but murder?

 

[clearskies1]

I think in Fla there are only 2 possible sentences for 1st degree murder- life in prison or the death penalty. Apparently the state is not seeking the DP against KM. Since life would be mandatory if she is convicted on the murder charge, it seems like it would be too late for for her to cooperate after a conviction. I'm wondering if a plea deal may be worked out if Garcia takes the stand and turns out to be a horrible witness for KM. JMO.

 

[KidonGadol]

I also doubt Wendi will ever be arrested - or Donna unfortunately …unless there’s also some wire tape or video recording that’s still out there getting analyzed that has some incriminating evidence, but I doubt it there is at this point. I also wonder at what point in time did the authorities start wire tapping all their phones and if they all had burner phones. I’m glad Charlie has been arrested, and I pray he is convicted, but it’s a dang shame that neither Donna or Wendi will ever be brought to justice for the murder of Dan.

All the known wire taps I believe were from after the so called Bump operation where Donna was accosted on the street and given a note accusing the Adelsons of not looking after Rivera. THis operation was around March/April of 2016. April 20th was the time of the Dolce Vita recording. any calls prior to that will only be the calling data but of course without audio, because anything obtained is based on historical computer records of the call carrier. The conspirators were clearly very cautious of using text messages and rightly so. Ergo no text messages worth having between July 2014 and the time of Dolce Vita. It's hard to know precisely when Rivera started talking to the police and gave up the name of SG. The date of the recorded proffer seems to be 4th Oct 16 (however there were earlier unrecorded discussions according to deCoste and Det Isom) . KM was pulled in and charged 1st Oct 16.

 

[Niner]

Monday, May 23rd:
*Trial continues (Day 4) (@ 8:30am ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Katherine Magbanua (32/now 37) (Garcia's wife) arrested (Oct. 2016) & charged with 1st degree murder & 1 count conspiracy & 1 count solicitation of murder were brought together into one case on Tuesday (3/20/18). Plead not guilty. Held without bond.
Murder for Hire hit man. They split a $100K payoff for murder. KM has rejected several offers of immunity for her testimony.
First trial started on 9/23/19 & the jury started deliberations on 10/10-10/11/19 with a total of 11 hours of deliberations. They found Garcia guilty. A mistrial declared for Magbanua. (10-2 for guilty). Will remain in jail as a charged co-conspirator & the State will try her case again.
Re-Trial began on 5/16/22 with jury selection. 12 jurors & 2 alternates (7 women & 7 men). Trial began on 5/18/22. (should last 2-3 weeks).
Court info & trial from 9/23/19 thru 5/13/22 & Jury Selection Days 1-2 (5/16-5/17/22) & Trial Day 1-2 (5/18-5/19/22) reference post #408 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-21
5/20/22 Friday, Trial Day 3: State witnesses: State witness: Luis “Tato” Rivera.
for more info see post #420 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-21
State witnesses: Luis “Tato” Rivera (continued). Subject to recall. Waldo Nunez, works for FHP; he used to work at a rental car company near the Miami airport. TPD Sgt. Chris Corbitt, cell phone data analyst.
for more info see post #423 & 424 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-22
State witness: TPD Sgt. Chris Corbitt continued.
for more info see post #445 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-23
Trial continues on Monday, 5/23/22.
Accomplices:
*Charles Jay Adelson (45) – First appearance & bond hearing on 4/26/22. 4/26/22: Bond denied. Defense attorney asks for an Arthur hearing. No further info or dates yet as 5/15/22.
*Sigfredo Garcia (34) – 10/10/19: found guilty of 1st degree murder. Guilty of conspiracy. Not guilty of solicitation. Sentenced to LWOP for murder plus 30 years for conspiracy charge. 11/4/19: Motion to Withdraw as Counsel: Mauricio Padilla; Motion to Withdraw as Counsel: Saam Zangeneh.
*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 mom Donna Sue Adelson (68) & father Harvey Adelson. Investigators have not charged any of these people in the Adelson family in connection with Markel’s death, except Charlie; but say Adelson’s mother & brother – Donna & Charlie Adelson – paid $100K to have Markel killed following the couple’s contentious divorce so their two young sons could move to South Florida.