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

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Thank you kooshx!

Very much appreciated.

So, if I understand correctly - the 6/19 hearing is for a Motion for Continuance hearing and on 6/20 Motion for Discovery - ??

TIA!

It's not entirely clear based upon the docket schedule, but I think that's right. The motion to continue was made after the pre-trial date was set, but if the judge grants the motion, the pre-trial would seem to be moot. I'm pretty sure the docket is saying 6/20 is the scheduled date for the discovery motion.
 
When is the perpetrator of this murder EVER going to be charged? His boys must be heading to their pre-teens, right? I know who's guilty but do you think DA thought he would take this as far as a killing? It's hard to fanthom.
 
Here is a copy/paste of the docket and upcoming hearings:
https://cvweb.clerk.leon.fl.us/publ...ine_searches/search_courts/search_by_name.asp

37 2016 CF 001581 A - STATE OF FLORIDA vs GARCIA, SIGFREDO

DOCKET DATE ↑ DOCKET CODE DOCKET TEXT OR BOOK OR PAGE SOURCE
6/11/2018 MOCO ‹‹-Req MOTION FOR CONTINUANCE Motion to Continue TRIAL JIS
6/6/2018 RETM ‹‹-Req RETURNED MAIL JIS
6/5/2018 PTST ‹‹-Req PRETRIAL HEARING SET: E-FILED: PRETRIAL HEARING SET: 06/19/2018 10:30AM /ROOM# 3A JIS
6/5/2018 CTCM ‹‹-Req COURT MINUTES JIS



Event Date Start Location Judge Result Source
JURY NON JURY TRIAL 7/9/2018 8:30 AM HANKINSON JIS

["Event" is blank] 6/21/2018 1:31 PM HANKINSON JIS

MOTION HEARING 6/20/2018 2:00 PM HANKINSON JIS
STATE'S *advertiser censored* JOINDER AND DEF MOTO COMPEL STATE TO COMPLY W/DISCOVERY

["Event" is blank] 6/19/2018 10:30 AM HANKINSON JIS


^^ ["Event" is blank] inserted by me SeesSeas
 
Tuesday, June 19th:
*Motion for Continuance Hearing (@ 10:30am ET) - FL – Daniel Eric Markel (41) (July 18, 2014) - Sigfredo Garcia (34) arrested & charged (5/25/16) with 1st degree murder, conspiracy & solicitation of murder. Plead not guilty. DP case. Murder for Hire hitman. They split a $100K payoff for murder. Trial starts July 9, 2018.
6/11/18: Defense filed for a continuance, to be heard today 6/19; on 6/20 Motion for Discovery hearing & another hearing on 6/21. DA might be open to try SG & KM jointly, so SG’s trial might be delayed.
Accomplices:
*Katherine Magbanua (32) (Garcia's wife) arrested (Oct. 2016) & charged with first-degree murder, conspiracy & solicitation of murder were brought together into one case on Tuesday (3/20/18). She has pleaded not guilty to the charges. Trial starts Oct. 8, 2018.
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2017) & plead 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
 
Looks like the hearing has been postponed until tomorrow:

CASE COMMENTS FROM COURT EVENT LEAVE SET FOR 6-20

https://cvweb.clerk.leon.fl.us/publ...p?report=full_view&caseid=0&jiscaseid=1119072

Per a reporter in the courtroom, Garcia's lawyer may not have shown:

"Cappleman just arrived. I don’t see Garcia’s Miami-based attorney. Another lawyer may be sent as his proxy. That’s happened before."

Not looking good for a trial next month regardless:

"Garcia’s attorney wants to postpone trial. The state wants to combine Garcia’s trial with Katherine Magbanua’s."

Stephen Jiwanmall on Twitter
 
Wednesday, June 20th:
*Motion for Discovery Hearing (@ 2pm ET) - FL – Daniel Eric Markel (41) (July 18, 2014) - Sigfredo Garcia (34) arrested & charged (5/25/16) with 1st degree murder, conspiracy & solicitation of murder. Plead not guilty. DP case. Murder for Hire hitman. They split a $100K payoff for murder. Trial starts July 9, 2018.
6/11/18: Defense asks for continuance, had hearing on 6/19.
6/20 Motion for Continuance is continued today from yesterday & Motion for Discovery hearing & hearing on 6/21. DA might be open to try SG & KM jointly, so SG’s trial might be delayed.
Accomplices:
*Katherine Magbanua (32) (Garcia's wife) arrested (Oct. 2016) & charged with first-degree murder, conspiracy & solicitation of murder were brought together into one case on Tuesday (3/20/18). She has pleaded not guilty to the charges. Trial starts Oct. 8, 2018.
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2017) & plead 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.
 
Not surprising, but the court granted the state's request for a joint trial (KM was also present in court today) and the defense's motion for a continuance. The date is 10/8.

https://cvweb.clerk.leon.fl.us/publ...p?report=full_view&caseid=0&jiscaseid=1119072

By the MLB timeline, we went from a trial around the All Star game to one during the playoffs. At least it gives them more time to wise up and take the plea bargain.

Otherwise, I guess the masterminds can enjoy their summer.
 
Not surprising, but the court granted the state's request for a joint trial (KM was also present in court today) and the defense's motion for a continuance. The date is 10/8.

https://cvweb.clerk.leon.fl.us/public/clerk_services/online_searches/search_courts/process.asp?report=full_view&caseid=0&jiscaseid=1119072
https://cvweb.clerk.leon.fl.us/publ...p?report=full_view&caseid=0&jiscaseid=1119072

Is there a "date" for this continuance? I can't get into the link you shared.
 
don't know IF this is still happening today, but will post anyway....

Thursday, June 21st:
*Hearing (@ 1:30pm ET) - FL – Daniel Eric Markel (41) (July 18, 2014) - Sigfredo Garcia (34) arrested & charged (5/25/16) with 1st degree murder, conspiracy & solicitation of murder. Plead not guilty. DP case. Murder for Hire hitman. They split a $100K payoff for murder. Trial starts July 9, 2018, maybe.
6/11/18: Defense asks for continuance, had hearing on 6/19.
Hearing 6/21. DA might be open to try SG & KM jointly, so SG’s trial might be delayed.
Accomplices:
*Katherine Magbanua (32) (Garcia's wife) arrested (Oct. 2016) & charged with first-degree murder, conspiracy & solicitation of murder were brought together into one case on Tuesday (3/20/18). She has pleaded not guilty to the charges. Trial starts Oct. 8, 2018.
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2017) & plead 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.
 
Ugh, not only is the trial delayed (though apparently the SA wanted this so that both parties would be tried together) but this is going to make it more challenging to admit certain evidence:

Hankinson said that the conspiracy ended when money changed hands. Statements between two people that implicate others in a conspiracy cannot be introduced as evidence at trial.

Following the hearing, Cappleman acknowledged she faced evidence admissibility problems and that the case consolidation she asked for and was granted would compound them.

“Regardless of the joinder there are going to be issues regarding statements where we’re going to be litigating the admissibility of statements,” she said. “They actually increase with the joinder.”

Dan Markel murder: Merging of suspects' trials could prove problematic for evidence
 
This oddball entry no longer appears at the court link:
6/21/2018 1:31 PM HANKINSON JIS
^^must have been a mistake^^

TRIAL scheduled for 10/8/2018
https://cvweb.clerk.leon.fl.us/public/clerk_services/online_searches/search_courts/process.asp
37 2016 CF 001581 A - STATE OF FLORIDA vs GARCIA, SIGFREDO

DOCKET DATE ↑ DOCKET CODE DOCKET TEXT OR BOOK OR PAGE SOURCE
6/21/2018 ORGR ‹‹-Req ORDER GRANTING ORDER OF JOINDER JIS
6/20/2018 TRST ‹‹-Req TRIAL SET E-FILED: TRIAL SET: 10/08/2018 08:30AM /ROOM# 3A JIS
6/20/2018 PTST ‹‹-Req PRETRIAL HEARING SET: E-FILED: E-FILED: PRETRIAL HEARING SET: 10/04/2018 01:30PM /ROOM# 3A JIS
6/20/2018 PTST ‹‹-Req $ PRETRIAL HEARING SET: PRETRIAL HEARING SET: 09/18/2018 10:30AM /ROOM# 3A JIS
6/20/2018 CTCM ‹‹-Req COURT MINUTES JIS
6/20/2018 CCCE CASE COMMENTS FROM COURT EVENT STATES *advertiser censored* JOINDER - GRANTED MOTION TO CONTINUE TRIAL - GRANTED OFF 6-21 AND 7-9 TRIAL 10-8; PT 9-18 10:30 PT 10-4 1:30PM JIS
6/19/2018 NOTO ‹‹-Req NOTICE TO/OF: NOTICE OF FILING CASE LAW JIS
6/19/2018 *advertiser censored* ‹‹-Req MOTION FOR: Motion TO INCUR ADDITIONAL COSTS FOR PRIVATE INVESTIGATIVE FUNDS JIS
6/19/2018 CTCM ‹‹-Req COURT MINUTES JIS
6/19/2018 CCCE CASE COMMENTS FROM COURT EVENT LEAVE SET FOR 6-20 JIS
6/18/2018 RETM ‹‹-Req RETURNED MAIL JIS
6/11/2018 MOCO ‹‹-Req MOTION FOR CONTINUANCE Motion to Continue TRIAL JIS


Event Date Start Location Judge Result Source

JURY NON JURY TRIAL 10/8/2018 8:30 AM HANKINSON JIS

10/4/2018 1:30 PM HANKINSON JIS

9/18/2018 10:30 AM HANKINSON JIS

MOTION HEARING 6/20/2018 2:00 PM HANKINSON JIS
STATE'S *advertiser censored* JOINDER - GRANTED MOTION TO CONTINUE TRIAL - GRANTED OFF 6-21 AND 7-9 TRIAL 10-8; PT 9-18 10:30 PT 10-4 1:30PM
 
Ugh, not only is the trial delayed (though apparently the SA wanted this so that both parties would be tried together) but this is going to make it more challenging to admit certain evidence:

Hankinson said that the conspiracy ended when money changed hands. Statements between two people that implicate others in a conspiracy cannot be introduced as evidence at trial.

Following the hearing, Cappleman acknowledged she faced evidence admissibility problems and that the case consolidation she asked for and was granted would compound them.

“Regardless of the joinder there are going to be issues regarding statements where we’re going to be litigating the admissibility of statements,” she said. “They actually increase with the joinder.”

Dan Markel murder: Merging of suspects' trials could prove problematic for evidence
More:
Dan Markel murder: Merging of suspects' trials could prove problematic for evidence
[...]
Magbanua’s attorneys, Christopher DeCoste and Tara Kawass, called Wednesday’s hearing a win for their client, despite their opposition to merging the trials. Even though she and Garcia will be seated next to each other, limiting what can be presented will help in their defense.

DeCoste contended prosecutors planned to use evidence they have against Garcia to implicate their client by association.

“There was evidence they were trying to bring in that was not necessarily evidence of the crime that they would spin to make it look like she was involved and that she’s guilty,” he said.
 
They ALLEGEDLY split a $100K payoff for murder. :)

Do I have to put that "allegedly" in my description??
no2-smiley-face.gif
 
Oh SeesSeas those hearing dates 9/18 & 10/4 - are they for Katherine also?

TIA!
Yes:
https://cvweb.clerk.leon.fl.us/public/clerk_services/online_searches/search_courts/process.asp
37 2016 CF 003036 A - STATE OF FLORIDA vs MAGBANUA, KATHERINE D

Event Date Start Location Judge Result Source
JURY NON JURY TRIAL 10/8/2018 8:30 AM HANKINSON JIS

10/4/2018 1:30 PM HANKINSON JIS

9/18/2018 10:30 AM HANKINSON JIS

MOTION HEARING 6/20/2018 2:00 PM HANKINSON JIS

STATE'S *advertiser censored* JOINDER - GRANTED MOTION TO COMPEL - DENIED
 
IMO -
1. i think trying SG and KM together is great news for the prosecution. i think when the jury looks over at that table and sees them both sitting side by side together and hears and sees the evidence against them (video surveillance, cash transactions, etc), it will really help the jury visualize this conspiracy and eventually they'll say - "yup. i can see how this played out. they did it. guilty." especially when you throw in what will be Luis Rivera's riveting testimony against both of them. this is worth the delay IMO. now these two are tied to the hip. not sure i'd want to be tied to SG's hip when they got him on video near the crime scene and they got his partner in crime testifying against him. i think this is ultimately very bad news for the alleged masterminds. if SG and KM go down together, the alleged masterminds are cooked.
2. as i've said before, i don't think either will sing against the alleged masterminds until post-conviction. i think SG's "machismo" doesn't let him rat on the mother of his kids. we know KM already REJECTED AN IMMUNITY DEAL! WHY? i think KM is repeatedly being reassured by her bad-advice attorneys (who's their REAL client, who is their puppet-master? who are they really protecting?) that she will easily beat this thing and that there's an even bigger pot of gold ($1M?) waiting for her when this is all over. the reality will only set in on KM when she hears that guilty verdict. THEN perhaps she can and will cut a deal. but until then, i think she's got dollar signs in her eyes. she's holding out for the big payday. the big reward for keeping her mouth shut.
3. i get that defense attorneys need to advocate and argue for their clients. but i think it's despicable IF any are involved in communicating or facilitating the bribery of a co-conspirator in a crime in order to gain her silence in order to protect their client AT HER OWN JEOPARDY! how is that ethical? presumably the alleged masterminds would not/can not directly communicate with KM (or SG for that matter) - for ~2 years. so how would an alleged bribe and reassurance be communicated? from attorney to attorney? perhaps located in the same building? if true, it's despicable and it should be grounds for permanent disbarment. and we still don't know who's paying for all of these legal fees! i don't mind honest lawyers advocating for their clients, but i don't like crooked lawyers doing unethical things and crossing the line if that's what's happening here. the possibility of that outrages me almost as much as the murder because if it's happening it's a mockery of our justice system.

constant communication, dangling big $1M pot of gold for silence, and reassurance? if so, unethical??? -

KM<----->KM's Attorneys<----->CA's Attorney<----->CA
 
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