FL - FSU Law Professor Dan Markel Murdered by Hitmen #13 *1 guilty*

[Gypsy Road]

Putting the cart before the horse here of course, but if she is called back to Tally for grand jury testimony, that could tip off the Adelsons? I wonder if they would try to flee the country? Nothing is stopping them now is there? If, and that’s a big IF, they call KM back, can they keep that order sealed so the public does not know?

 

[BearWatcher]

Will there definitely be a grand jury convened to hear any evidence, if they are considering arresting any more people in the Adelson family? Is there a chance they would consider going before a judge instead? I wonder because, of the comment on an FBI wire tape where Charlie talked about how some judge was sharing information with Wendi about what was happening in Tallahassee. Would it be less likely there would be a leak to POI, if it went before a judge instead of a Grand Jury and might that drive a decision to use that approach instead?

 

[vislaw]

Will there definitely be a grand jury convened to hear any evidence, if they are considering arresting any more people in the Adelson family? Is there a chance they would consider going before a judge instead? I wonder because, of the comment on an FBI wire tape where Charlie talked about how some judge was sharing information with Wendi about what was happening in Tallahassee. Would it be less likely there would be a leak to POI, if it went before a judge instead of a Grand Jury and might that drive a decision to use that approach instead?

If Wendi and/or Donna are charged it will occur in one of two ways: 1) A grand jury indictment; or, 2) Arrest and Arraignment. There are no other options. If the former, the grand jury hears evidence in secret without any defense counsel present. At the conclusion of the presentation the jury votes whether to issue an indictment or not. If the indictment is issued the defendant is arrested and the case goes to trial. Famously, New York Appellate Judge Sol Wachter is often credited with the saying "A prosecutor could get a grand jury to indict a ham sandwich." However, he did not invent the phrase. The point is that a good prosecutor determines what evidence to share with a grand jury and, thus, will usually be able to achieve the desired indictment.

Alternatively, a prosecutor can decide to request an arrest at which time the defendant must be promptly brought before the assigned judge in order to hold an arraignment. An arraignment is simply an abbreviated hearing where the prosecutor must put on sufficient evidence to convince the judge the case against the defendant is substantial. The defense is permitted to cross examine any witnesses or put on any additional evidence refuting the prosecution. At the conclusion of the evidence the judge makes a ruling whether to release the defendant or bind him/her over for trial. Many prosecutors prefer a grand jury rather than giving the defense both a preview of the case and the opportunity to cross-examine and attack witnesses. Moreover, in high profile cases with an arraignment, the public gets to see whatever evidence the prosecution reveals, and this can influence public opinion greatly.

So, the prosecution could "consider going before a judge" via an arraignment but could not do so in private since an arrest, which is very public, would have to take place first. Charlie was indicted through a grand jury, and I suspect the same process would be used for Wendi and Donna. In this thread astute observers pointed out that if we do see a new transport order for Katie it will probably mean a grand jury is being convened. I'm not sure whether a judge would be able to keep such a transport private under Florida court rules, but would think it would be highly likely with a showing of good cause for the need to keep her movements secret.

 

[minusfour]

Is it possible that a grand jury has already started considering the evidence of Wendi and Donna? (And whatever is offered by KM now is further presented to them?

I'm so excited about the prospect of future arrests occurring soon. We all are I bet. Finally! Can I invite speculation here-when do you think we will hear news of such?

 

[Niner]

Really don't know IF this is still happening for today - but since the court site said 11/30 - I will go ahead & post this.

Wednesday, November 30th:
*Proffer Hearing at State attorney’s office (Day 3) (@ am ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Katherine Diana 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. State rested their case on 5/25/22. Defense began their case on 5/26/22 & rested their case on 5/26/22. Jury started deliberations on 5/27/22 (12:45pm to 8:45pm). Total hours of deliberations: ~ 8 hours. Guilty on all charges. Sentenced on 7/29/22 for Count 1: life in prison without the possibility of parole or probation. Count 2 & 3: 2 consecutive 30 years in prison. Appeal filed 8/31/22.\
Court info & trial from 9/23/19 thru 10/25/22 reference post #528 here:
https://www.websleuths.com/forums/t...n-markel-murdered-by-hitmen-13.631568/page-27
11/16/22: Order to Transport Magbauna on or before 11/28-11/30/22 for Proffer hearing to Leon County State Attorney's office will be housed as a state witness in the Leon County Jail signed by Judge Robert Wheeler. "Upon completion of the proffer in this cause, the said defendant can be transported back to the Dept. of Corrections, Florida," Wheeler wrote in his order. Christopher DeCoste will be representing Katie. 11/28/22 Update: Proffer hearing continued on 11/29/22.
11/29/22 Update: Proffer hearing continued on 11/30/22.

 

[vislaw]

Is it possible that a grand jury has already started considering the evidence of Wendi and Donna? (And whatever is offered by KM now is further presented to them?

I'm so excited about the prospect of future arrests occurring soon. We all are I bet. Finally! Can I invite speculation here-when do you think we will hear news of such?

Certainly it is possible that a grand jury has been convened, but we won't know about it directly.

Grand juries are composed of 15 to 21 persons. In Florida, they typically sit intermittently for a five- or six-month term. Unlike a trial jury, which must be unanimous, only 12 grand jurors need to agree to an indictment. Grand juries can also investigate and report allegations of official misconduct without issuing formal indictments.

Perhaps the most notable feature of a grand jury is its secrecy. While criminal trials are usually conducted in public, everything about a grand jury’s proceedings is done behind closed doors. No media coverage is allowed, and grand jurors are prohibited by law from discussing the “nature and substance” of their deliberations or vote. Witness testimony before a grand jury is also kept secret, except in certain narrowly defined circumstances.

Since we are speculating, I'll throw out my best guess as to what is happening: We know the state is gearing up for trial against Charlie and at the last hearing the judge expressed an expectation of setting a new trial date at the upcoming December hearing. I believe Georgia feels strongly that her chances of convicting Donna and/or Wendi would be much better if they are tried together. If she defers doing so she will risk losing the opportunity for a consolidated trial because Charlie's counsel could invoke his constitutional right for a speedy trial and force the court to proceed without joining other defendants.

If Donna and/or Wendi are indicted before the end of the year there is high likelihood the court would consolidate the cases. (There has been a similar issue going on in the Lori Vallow/Chad Daybell case whereby the court has overruled Daybell's attempt to have his trial separate from Lori's, but the judge has ruled in favor of the prosecution by consolidating the cases.) Therefore, if this was a casino betting parlor I would put my money on seeing indictments before 2023. Assuming Katie divulged information helpful to the cause, I can't see why the prosecution would wait any longer.

Conversely, if we don't see new indictments I'm betting the state simply does not feel the evidence is strong enough and will be planning to go forward with Charlie. If that occurs, I suppose there's a longshot possibility that if Charlie is convicted he might squeal in exchange for a reduced sentence. However, he's the big kahuna, so I don't really see Georgia cutting him much, if any slack, to get Donna and Wendi. I'm putting my money on one or two Christmas presents in the form of additional indictments.

 

[Weki]

I am setting my expectations low. I would be really surprised if KM conspired directly with Wendi and Donna. Certainly NOT Donna. I’ve always felt that the only person she could give up by cooperating was Charlie.

Now with the conspiracy exceptions to hearsay I can see statements made by Charlie to KM implicating Donna and Wendi coming into evidence. (Although I believe the state would have to have independent evidence of their part in the conspiracy, which they have circumstantially on Donna based on her reaction/convo with Charlie after the contact with the undercover agent & on Wendi too, with her comments to detectives)

Knowing what an anxious chatterbox Charlie is, I have to imagine he spilled all the beans to KM about Donna and Wendi’s desires to eliminate Dan Markel. That’s the best case scenario in my guarded hope for Wendi and Donna to be brought to Justice as well.

 

[Gypsy Road]

Exactly my thoughts @Weki, but I am hoping there was at least one meeting between KM and the conspirators where Donna was there - maybe at the dental clinic, maybe when KM received a check, or even the Lexus and Dan’s murder was spoken about. I could be reaching as I just so much want Donna (and Wendi) brought to justice. We know that Wendi and KM spent time together at the beach and I’m just hoping Wendi made some utterance, but I’d have to go back and look at the time line to see if that’s even a possibility. Too bad the burner phones and WhatsApp info can not be found or info extracted. There’s so much circumstantial evidence linking Donna, I am holding out hope that the State will bring charges, but at the same time — I am also emotionally prepared for no arrests I hated writing that last sentence.

 

[Gypsy Road]

Can someone refresh my memory or correct it? I don’t have time to go back through the evidence or where I would find it, but did SG or KM make one phone call directly to Harvey’s cell phone?

ETA: Never mind! I found it, SG found Harvey’s phone number in KM’s phone thinking it was Charlie’s and left a nasty voice mail.

Markel Trial Day 6: Data expert, friend, employer, employees, and ex-girlfriend all spill T

Things the jury won’t hear, but matter.

floridapolitics.com

Which makes me wonder, why did KM have Harvey’s phone number programmed in her phone? Could be innocent, but I wonder if they ever found evidence of Wendi’s or Donna’s number too?

 

[Mariposa]

Exactly my thoughts @Weki, but I am hoping there was at least one meeting between KM and the conspirators where Donna was there - maybe at the dental clinic, maybe when KM received a check, or even the Lexus and Dan’s murder was spoken about. I could be reaching as I just so much want Donna (and Wendi) brought to justice. We know that Wendi and KM spent time together at the beach and I’m just hoping Wendi made some utterance, but I’d have to go back and look at the time line to see if that’s even a possibility. Too bad the burner phones and WhatsApp info can not be found or info extracted. There’s so much circumstantial evidence linking Donna, I am holding out hope that the State will bring charges, but at the same time — I am also emotionally prepared for no arrests I hated writing that last sentence.

You mentioned the WA/KM beach outing (the one with the picture of them happily shoulder to shoulder that was shown in the trial). If I’m remembering right that was around Fathers Day so mid June 2014 - after the hitmen made their first trip to trail DM in Tallahassee. I’m curious to know what their conversations were on the beach, but remember they had KM’s friend Yindra with them so maybe nothing incriminating was said. (Yindra testified in the trials)

 

[Seattle1]

Can someone refresh my memory or correct it? I don’t have time to go back through the evidence or where I would find it, but did SG or KM make one phone call directly to Harvey’s cell phone?

ETA: Never mind! I found it, SG found Harvey’s phone number in KM’s phone thinking it was Charlie’s and left a nasty voice mail.

Markel Trial Day 6: Data expert, friend, employer, employees, and ex-girlfriend all spill T

Things the jury won’t hear, but matter.

floridapolitics.com

Which makes me wonder, why did KM have Harvey’s phone number programmed in her phone? Could be innocent, but I wonder if they ever found evidence of Wendi’s or Donna’s number too?

I vaguely recall this being explained as KM had Harvey's number because she was in the process of purchasing a vehicle from him.

 

[Gypsy Road]

I just saw on Court TV that tonight on Vinnie Politan’s show, Closing Arguments, he will be discussing KM turning State’s witness and what it means for CA. Just thought I’d let y’all know if you are interested in watching later this evening.

 

[dotr]

Hypothetical question: If the Markel family could have complete control over whatever punishment/outcome was given to various A family members, what would they choose? What would posters here choose, jail or something else?

You mentioned the WA/KM beach outing (the one with the picture of them happily shoulder to shoulder that was shown in the trial). If I’m remembering right that was around Fathers Day so mid June 2014 - after the hitmen made their first trip to trail DM in Tallahassee. I’m curious to know what their conversations were on the beach, but remember they had KM’s friend Yindra with them so maybe nothing incriminating was said. (Yindra testified in the trials)

Video Police find link between Markel’s alleged killers and ex-wife’s family: Part 6

Katherine Magbanua has two children with one of the men implicated in Dan Markel’s murder. Police discovered that she had received payments from the family of Wendi Adelson, Markel’s ex-wife.

abcnews.go.com

 

[Gypsy Road]

Hypothetical question: If the Markel family could have complete control over whatever punishment/outcome was given to various A family members, what would they choose? What would posters here choose, jail or something else?

Video Police find link between Markel’s alleged killers and ex-wife’s family: Part 6

Katherine Magbanua has two children with one of the men implicated in Dan Markel’s murder. Police discovered that she had received payments from the family of Wendi Adelson, Markel’s ex-wife.

abcnews.go.com

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View attachment 384125

I’d want life in prison for each of them- without possibility of parole.

 

[Gypsy Road]

Did anyone watch Vinnie’s segment? I just caught part of it as I was out with neighbors, but very interesting. Apparently Wendi is living in fear, and looking over her shoulder every day. Also, The Adelson boys were recently denied acceptance into a prestigious private school in Miami because of the drama surrounding the family. Word from local attorneys is that Harvey is complicit and will go down with the rest of the family. This is all per attorney speaking on Vinnie’s show. Wish I had caught the entire segment!

 

[Marysmith]

Did anyone watch Vinnie’s segment? I just caught part of it as I was out with neighbors, but very interesting. Apparently Wendi is living in fear, and looking over her shoulder every day. Also, The Adelson boys were recently denied acceptance into a prestigious private school in Miami because of the drama surrounding the family. Word from local attorneys is that Harvey is complicit and will go down with the rest of the family. This is all per attorney speaking on Vinnie’s show. Wish I had caught the entire segment!

I didn’t but this is so interesting! I’m sure they are all living in high anxiety, which is the least of what they deserve!

 

[Niner]

Friday, December 2nd:
*Case Management Hearing (@ 9am ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Charles Jay Adelson (45) was indicted (4/20/22), arrested & charged (4/21/22) & booked (in Leon County 4/25/22) with 1st degree murder, conspiracy to commit murder & solicitation to commit murder. No bond (denied bond 4/26/22). Bond release denied (9/9/22).
Court info from 4/21/22 thru 7/29/22 reference post #215 here:
https://www.websleuths.com/forums/t...n-markel-murdered-by-hitmen-13.631568/page-11
7/29/22 Update: Next Arthur hearing on 9/9/22 @ 9am in person, no zoom & case management hearing on 12/2/22 @ 9am in person, no zoom. An Arthur hearing is a procedure to allow for the consideration of a bond for those accused of a capital felony. In this hearing, the defense will work to prove one or more factors that can lead the judge to agree to a bond amount.
8/5/22: Defendant Adelson's agreed Motion for recommendation to Leon County Sheriff's office to allow defendant access to discovery on MP3 player to review recordings produced in discovery by the government (more than 2,000 oral communications intercepted by wire).
9/9/22 Update: Judge Robert Wheeler said the State has met the burden of proof against Adelson & has denied motion for pretrial release on bond. Next case management hearing on 12/2/22, which is when Judge Wheeler said they'll have a better idea if they will be ready for trial by February or March. 9/16/22: Defense counsel withdraws motion of 9/16/22 for access to discovery & longer visits.
11/15/22 Update: Amended motion from prosecutors regarding the enhanced recording between Harvey & Charles Adelson at Mansuri Restaurant.
11/16/22: Order to Transport. Katherine Magbauna on or before 11/28-11/30/22 for Proffer hearing to Leon County State Attorney's office will be housed as a state witness in the Leon County Jail signed by Judge Robert Wheeler. "Upon completion of the proffer in this cause, the said defendant can be transported back to the Department of Corrections, Florida," Wheeler wrote in his order.
11/23/22 Update: Adelson’s attorney has just asked the judge to delay that hearing, 12/2/22, citing a fractured ankle that will make it “challenging” to travel to Tallahassee to appear in person. Defense attorney Daniel Rashbaum asked for a two to three-week delay given the importance of the hearing in which the judge could set a trial date for Adelson. Assistant State Attorney Georgia Cappleman had no comment on Magbanua’s return or the reason for the proffer.
*Katharine Diana Magbanua (32/now 37) – Trial began on 5/18/22 & ended on 5/26/22. 5/27/22: Guilty on ALL charges. Sentenced on 7/29/22 for murder LWOP & for conspiracy & solicitation two 30 consecutive years in prison. 8/4/22: Magbanua has transitioned to the FL Department of Corrections Women's Reception Center in Ocala, thus ending a very lengthy six-year stay in the Leon County Jail.
*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. His appeal was denied.
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2016) & plead guilty to 2nd degree murder. Testified 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.

 

[Carol1953]

Did anyone watch Vinnie’s segment? I just caught part of it as I was out with neighbors, but very interesting. Apparently Wendi is living in fear, and looking over her shoulder every day. Also, The Adelson boys were recently denied acceptance into a prestigious private school in Miami because of the drama surrounding the family. Word from local attorneys is that Harvey is complicit and will go down with the rest of the family. This is all per attorney speaking on Vinnie’s show. Wish I had caught the entire segment!

Is there a link to watch this online?

 

[Hiller]

The case management hearing scheduled for today was "continued" to Dec. 16, 2022 at 11 a.m. per an order of Judge Wheeler dated Nov. 28 ,2022.

 

[vislaw]

The case management hearing scheduled for today was "continued" to Dec. 16, 2022 at 11 a.m. per an order of Judge Wheeler dated Nov. 28 ,2022.

Interesting. Anyone know why the continuance?