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

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Jada E. Williams‏ @JadaEWilliams 1m1 minute ago
Rivera now discussing the speeding ticket that he got in the Gainesville area. This is during that first trip to Tallahassee in June. #MarkelMurderTrialWTXL @abc27


Blaise L Gainey‏ @BlaiseGainey 4m4 minutes ago
On the first trip the group took to Tallahassee Rivera says he was driving when they got a speeding ticket. He says they had guns on them, two .38 caliber pistols. One his, and one was Garcia's. He says the gun he brought was the one that was used to kill Markel.


Jada E. Williams‏ @JadaEWilliams 5m5 minutes ago
Rivera said they had two .38's. One was his, one was Rivera's. He bought his gun on the corner (illegal). He said his gun ended up being the murder weapon. #MarkelMurderTrialWTXL @abc27


Blaise L Gainey‏ @BlaiseGainey 3m3 minutes ago
Says first trip was for them to kill Markel but they couldn't find him. He says Garcia had a thousands on him, no more than 5. And that Rivera gave him a few hundred. Says the money was from whoever was paying them for the job.

Jada E. Williams‏ @JadaEWilliams 7m7 minutes ago
Rivera said they were supposed to kill Markel on the first trip but they couldn't find him. Garcia had between 2 grand and 5 grand from the people who hired him on that first trip to Tallahassee. Rivera pocketed a couple hundred dollars. #MarkelMurderTrialWTXL @abc27
 
I know LR is a bad dude and a convicted murderer of DM but I’m glad he told the truth (IMO) to LE in this case. He could have taken his charges to trial too and stalled for years—it’s not like he had much else to do with himself in federal prison.

Maybe he was sincere when he says in his taped confession that what he did in this case bothered him a lot.
 
Will think about it more later. Still think it's Wendi's alleged statement that is at issue-- not Lacasse's recollection of it but maybe I'm wrong. Going to focus on Rivera's testimony now.

Yes, it is Wendi's statement that it is at issue - Wendi's statement to Lacasse, made in the course of normal conversation and not in a legal proceeding, which he is now being asked to testify about.
 
I know LR is a bad dude and a convicted murderer of DM but I’m glad he told the truth (IMO) to LE in this case. He could have taken his charges to trial too and stalled for years—it’s not like he had much else to do with himself in federal prison.

Maybe he was sincere when he says in his taped confession that what he did in this case bothered him a lot.

Agree. But I don't think it's true that he has never murdered anyone prior to all this. You don't go from murdering nobody at all, as a gang member, to suddenly being willing to murder a complete stranger you have no beef with (he admits he was going to be the trigger man on the first trip).
 
Yes, it is Wendi's statement that it is at issue - Wendi's statement to Lacasse, made in the course of normal conversation and not in a legal proceeding, which he is now being asked to testify about.
Understand, will go back and look at it later...thank you!
 
Jada E. Williams‏ @JadaEWilliams 7m7 minutes ago
Rivera said they followed Markel to a daycare on that first trip but they kept losing him. They started following him from his house. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 5m5 minutes ago
Rivera said that he and Garcia waited for Markel at a park on that first trip. They lost him in traffic eventually and that's why he didn't die during the first trip Rivera and Garcia made. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 5m5 minutes ago
Rivera says Garcia got out of the car and went around the house to see if someone was supposed to be there. He also said he was supposed to be the shooter. He said he didn't want to shoot someone in front of their kids. #MarkelMurderTrialWTXL @abc27


Blaise L Gainey‏ @BlaiseGainey 5m5 minutes ago
Says they watched Markel come out of his house and followed him to drop his kids off at daycare. But he says they kept losing him. Says Garcia got out and went behind the house to look in and see if anyone had been inside. Rivera admits he was supposed to be the shooter.


Blaise L Gainey‏ @BlaiseGainey 3m3 minutes ago
He says he wasn't going to shoot someone in front of their kids, so he changed plans from being the shooter so that Garcia would do it. Says the trip was a failure and they came back to Tallahassee for a second trip, when they rented the Toyota Prius.


Blaise L Gainey‏ @BlaiseGainey 3m3 minutes ago
Says on the rental agreement he referred to Garcia as his brother. Says he always has.


Jada E. Williams‏ @JadaEWilliams 1m1 minute ago
Rivera says he drove to Tallahassee in the Prius on that second trip. We're looking at the Budget Inn Hotel slip in Luis Rivera's name from that visit. Rivera says they put a fake phone number on the slip. They checked into the hotel on July 16. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 1m1 minute ago
Rivera says on the 17th, they scoped out Markel's house a second time. They saw a woman with children at the house. She saw them and asked Garcia who it was. Garcia said "that's that lady with the kids." Rivera took it as she was the lady that wanted them to do the job. @abc27


Blaise L Gainey‏ @BlaiseGainey 4m4 minutes ago
Rivera says he saw a woman with two kids. That looked at the car. He asked Garcia and he told Rivera, "That's the lady with the kids." Which he assumed was the lady who wanted the job done. He said at that time he saw the lady making a phone call.



Jada E. Williams‏ @JadaEWilliams 2m2 minutes ago
Rivera says they drove off after they saw the lady on the sidewalk near Markel's house. Once they rounded the corner, Rivera says he believes he called Katherine Mabanua. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 2m2 minutes ago
Rivera says he was worried about the lady seeing him. He says he only heard Rivera's end of the conversation but didn't know what the person on the other end was saying. #MarkelMurderTrialWTXL @abc27


Blaise L Gainey‏ @BlaiseGainey 2m2 minutes ago
He says Garcia then called who he believed to be Magbanua, Garcia said "we have to go, we've got to get out of here."


Jada E. Williams‏ @JadaEWilliams 1m1 minute ago
Rivera says they knew Markel was planning to leave town and they were instructed by Katherine Magbanua to do the job before he left. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 1m1 minute ago
Rivera posted a picture of an owl he saw in Tallahassee on Instagram. Magbanua called Garcia and told him to make Rivera take the picture down. #MarkelMurderTrialWTXL @abc27


Blaise L Gainey‏ @BlaiseGainey 1m1 minute ago
He says on the second trip he posted a picture of an owl to Instagram while in Tallahassee. Which he was told to take down from Garcia, who he believes was told that by Magbanua. He says that's the person Rivera usually always spoke to.


Blaise L Gainey‏ @BlaiseGainey 46s46 seconds ago
He says the murder weapon was the same weapon that was accidentally fired in the rental car, ultimately disabling it. Garcia later fixed it.


Jada E. Williams‏ @JadaEWilliams 2m2 minutes ago
Rivera and Garcia met a drug dealer during both trips. Rivera also accidentally shot the rental car with the murder weapon while they were driving. It ended up disabling the car." #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 1m1 minute ago
After the car stalled, their drug dealer gave Garcia a ride to Auto Zone. Garcia fixed the car in about 10 minutes and it started running again. (Remember this is the day before Markel's death) #MarkelMurderTrialWTXL @abc27
 
Agree. But I don't think it's true that he has never murdered anyone prior to all this. You don't go from murdering nobody at all, as a gang member, to suddenly being willing to murder a complete stranger you have no beef with (he admits he was going to be the trigger man on the first trip).
Maybe although despite his lengthy criminal record the guy did make it to over the age of 30 free in society and had a steadyish employment at the time of the DM crime. That makes me find it plausible he never killed anyone before. But I can see your point too
 
First discrepancy noted in Rivera testimony today.

He is saying that he only learned that it was going to be a murder on the way to Tallahassee. He said that he learned about it on the ride up there and it was halfway up when he learned.

During his interview, he said that he learned that it was going to be a murder, versus a robbery, when they were both in Miami when he was picked up by Garcia at his house.

Moo..iirc from reviewing his interview in the last 2 days.

ETA, I don't care if much of his testimony is thrown out. I think they have enough information with cell phones, and photos, Etc and evidence to show they were both there and whether he had the gun and shot, or Garcia had the gun and shot, they both by law or responsible for the same crime.
 
Slightly off topic of Rivera——but I was wondering if anyone knows who was supposed to pick up the kids after preschool on Fri July 18?

I’ve seen it said that it would have been Wendi since Dan was going to NY. But not sure if Dan’s flight was set for later Fri or on Sat.
But Wendi testified she was supposed to go to that “stock the bar”party on Fri night, right? So I think Dan would be supposed to have the kids Fri evening?
 
Jada E. Williams‏ @JadaEWilliams 1m1 minute ago
Rivera says they followed Markel from his home, to the daycare, to the gym, and back to Markel's home. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 42s42 seconds ago
Rivera says Markel took a different direction to get to his house. Markel pulled into his driveway and he pulled in right behind him. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 9m9 minutes ago
Rivera says Garcia jumped out of the car and went around to the drivers side and shot Dan Markel twice. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 8m8 minutes ago
Rivera says Garcia went inside the garage to kill Markel but didn't touch anything. He says the gun was inches away from Markel. Garcia never went inside the house or took anything from the property. #MarkelMurderTrialWTXL @abc27


Blaise L Gainey‏ @BlaiseGainey 8m8 minutes ago
Rivera testifies that it was he and Garcia in the green Prius seen on the Premiere fitness video following Garcia. Also agrees it was them caught on the city bus camera also.


Blaise L Gainey‏ @BlaiseGainey 6m6 minutes ago
He says Mr. Markel was on the phone still in his driver seat. Garcia jumped out went in front of the Prius in between the Prius and Markel's car. Then he says with one hand he shot twice into the car. He says the gun was inches away from Markel when it was fired.


Blaise L Gainey‏ @BlaiseGainey 6m6 minutes ago
Says once Garcia shot Markel they got in and left. Says they left the same way they went in. Then got on the interstate and headed back to Miami.


Jada E. Williams‏ @JadaEWilliams 8m8 minutes ago
Rivera said after the shooting, they got in the car and left headed straight for Miami. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 8m8 minutes ago
That animated movement in the car from the bus video was Garcia trying to hide the gun. #MarkelMurderTrialWTXL @abc27


Blaise L Gainey‏ @BlaiseGainey 6m6 minutes ago
Rivera identifies his childhood friend Sigfredo Garcia as the shooter.


Jada E. Williams‏ @JadaEWilliams 7m7 minutes ago
Rivera just pointed to Garcia and said he's waring a tux. (He isn't.) #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 7m7 minutes ago
Rivera said Garcia was nervous after the shooting. Garcia dumped the murder weapon in a lake off of a bridge on the way back to Miami. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 7m7 minutes ago
Rivera says on the way back to Miami, Garcia talked to Katherine Magbanua on the speaker phone. Garcia said it was done and Magbanua said "I already know." RIvera said she was loud enough to hear. #MarkelMurderTrialWTXL @abc27


Blaise L Gainey‏ @BlaiseGainey 2m2 minutes ago
Rivera: "He said we are already finished, she said I already know it's done. Then we asked where the money was at."
He says Magbanua didn't give them the money until the next day.


Jada E. Williams‏ @JadaEWilliams 7m7 minutes ago
According to Rivera-- After that, Garcia asked for the money and Magbanua said "You'll get it tomorrow." #MarkelMurderTrialWTXL @abc27


Blaise L Gainey‏ @BlaiseGainey 50s50 seconds ago
Garcia was supposed to be getting 40k, Rivera was getting $35 and Katie was getting the left over.



Jada E. Williams‏ @JadaEWilliams 5m5 minutes ago
Rivera said Garcia told him he was getting $40k, he got $35k and Magbanua got the rest of the money. #MarkelMurderTrialWTXL @abc27
 
Jada E. Williams‏ @JadaEWilliams 4m4 minutes ago
Rivera says that next morning, Magbanua called him asked for Garcia. He says she wanted to know who was going to come get the money. He said Garcia got the money and brought his portion to his house. #MarkelMurderTrialWTXL @abc27


Blaise L Gainey‏ @BlaiseGainey 5m5 minutes ago
$35k* He says he was paid the money in cash the next day. He says they met at his house where he lived with the mother of his kids. Said it was in all hundreds and that he didn't count the amount because he trusted Garcia. He said it was all stapled together into stacks of 1000s


Jada E. Williams‏ @JadaEWilliams 4m4 minutes ago
Rivera said Garcia gave him the moeny in a brown paper bag. All $100's. $1,000 stapled together (35 stapled stacks) He said he didn't count the money because he trusted Garcia. #MarkelMurderTrialWTXL @abc27


Julie Montanaro WCTV‏Verified account @JulieMontanaroW 3m3 minutes ago
Money was in hundred dollar bills in brown paper bags, Rivera said @WCTV


Jada E. Williams‏ @JadaEWilliams 2m2 minutes ago
Rivera said Garcia gave him an extra $10k the day that he received his intial $35k payout. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 3m3 minutes ago
Rivera says Garcia bought some toys- cars, motorcycles. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 2m2 minutes ago
Rivera said Garcia gave him an extra $2k the day that he received his intial $35k payout. #MarkelMurderTrialWTXL @abc27


Blaise L Gainey‏ @BlaiseGainey 3m3 minutes ago
We are now looking at pictures of a motorcycle that Rivera and Garcia both owned, paid for with money from the murder.


Jada E. Williams‏ @JadaEWilliams 3m3 minutes ago
Garcia and Rivera posed for pictures on their new toys (motorcycles). Rivera says he also changed the number on his phone after the murder because it might've been traced back to the homicide. #MarkelMurderTrialWTXL @abc27


Blaise L Gainey‏ @BlaiseGainey 1m1 minute ago
Garcia says he changed the number for his phone because it may be connected to the homicide.


Jada E. Williams‏ @JadaEWilliams 3m3 minutes ago
Rivera says Garcia parked the Prius and forgot where, so it was returned a few days late. #MarkelMurderTrialWTXL @abc27

10 minute break
 
First discrepancy noted in Rivera testimony today.

He is saying that he only learned that it was going to be a murder on the way to Tallahassee. He said that he learned about it on the ride up there and it was halfway up when he learned.

During his interview, he said that he learned that it was going to be a murder, versus a robbery, when they were both in Miami when he was picked up by Garcia at his house.

Moo..iirc from reviewing his interview in the last 2 days.

ETA, I don't care if much of his testimony is thrown out. I think they have enough information with cell phones, and photos, Etc and evidence to show they were both there and whether he had the gun and shot, or Garcia had the gun and shot, they both by law or responsible for the same crime.

MOO, but after I watched his interview, I was left with the impression that what happened was exactly as he said it today....that he learned it was going to be a murder in the car on the way. He was all over the place in that interview and sometimes got confused by questions, but it is my belief he did get his point across that he found out on the way up. So, to me, it doesn't seem like a discrepancy because of how I understood his original statement. JMO!
 
MOO, but after I watched his interview, I was left with the impression that what happened was exactly as he said it today....that he learned it was going to be a murder in the car on the way. He was all over the place in that interview and sometimes got confused by questions, but it is my belief he did get his point across that he found out on the way up. So, to me, it doesn't seem like a discrepancy because of how I understood his original statement. JMO!
Agree. also either way or time he found out it means he knew it was a murder mission before they got to Tallahassee. It’s not like he’s saying he was shocked when Garcia jumped out of the Prius and shot DM.
 
Can anyone provide a brief rundown of LR's criminal history OR point me to link? TIA!
 
He can't read... So she can't refresh his recollection via the taped interview? Have him watch and listen so the jury can't hear?
 
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