GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 - #9 *arrests*

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This is actually not a long delay for most urban jurisdictions. Keep in mind that there are both civil and criminal dockets with motions, arraignments, pretrials, and all manner of docket calls lined up like a busy airport. April is reasonably quick for a re-trial in a case like this.
 
I’m worried about jury selection now after the 9/3. Tallahasse is a college town with lots of young open minded individuals who don’t have a lot of life experience and may again feel sympathetic to KM. I really hope GC sharpens up and is prepared to fight even harder for Dan next trial. I like GC a lot ...but she’s gotta walk a fine line - being a bull dog in seeking justice for Dan, but not off putting the jury.
 
Gypsy Road said:
I’m worried about jury selection now after the 9/3. Tallahasse is a college town with lots of young open minded individuals who don’t have a lot of life experience and may again feel sympathetic to KM. I really hope GC sharpens up and is prepared to fight even harder for Dan next trial. I like GC a lot ...but she’s gotta walk a fine line - being a bull dog in seeking justice for Dan, but not off putting the jury.
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I'm fine with them feeling sympathetic to her as long as that doesn't make them vote not guilty even when they think she's guilty!!!
 
vislaw said:
This is actually not a long delay for most urban jurisdictions. Keep in mind that there are both civil and criminal dockets with motions, arraignments, pretrials, and all manner of docket calls lined up like a busy airport. April is reasonably quick for a re-trial in a case like this.
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I agree...reasonably quick for the court docket but a very long time for a person, who claims she is innocent of all charges and has been confined for 3 years and also relegated into indigency...may suffice for this case, but how about the truly innocent?
 
Gypsy Road said:
I’m worried about jury selection now after the 9/3. Tallahasse is a college town with lots of young open minded individuals who don’t have a lot of life experience and may again feel sympathetic to KM. I really hope GC sharpens up and is prepared to fight even harder for Dan next trial. I like GC a lot ...but she’s gotta walk a fine line - being a bull dog in seeking justice for Dan, but not off putting the jury.
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Stay positive and look at this way... as negative as a few members of this jury showed with their decision in this particular case with KM...They did get it right with SG and sent him away forever.
 
"We're going to do everything we can, and we anticipate it won't be a problem," DeCoste said. "Magbanua agrees it's in the interest of justice that we remain on the case as opposed to other attorneys coming onto it." "What action do you want to take at this point?" Hankinson asked. "For Ms. Magbanua, it's going to be trial," DeCoste said.
 
GordonX said:
IMO 50/50 chance we see CA/DA arrested between now and April 1, 2020.
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Strategically, I think arresting at least CA before KM is retried makes a lot of sense. It takes away KM's ability to point to the "empty chair"and argue that the rich folks that the State believes are behind the whole thing haven't even been arrested. I think that argument was a big difference maker in round 1. There is ample probable cause to arrest CA, and double jeopardy wouldn't attach until after a jury is empaneled.
 
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GordonX said:
IMO there is some legal/financial shenanigans and camouflage going on in PH1 in Miami to make sure that DeCoste, Kawass, and Saamy get paid in full.
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Isn't it a crime to apply as an indigent person and fees paid on the backs of Florida taxpayers and still have funding coming in from wealthy people behind the scenes?
I would think all Lawyers involved in a possible scam like this would be prosecuted and disbarred in the State of Florida. A Lawyer with any brains at all wouldn't touch a situation like that with a "ten foot pole." IMO.
 
Marvin Berry said:
Strategically, I think arresting at least CA before KM is retried makes a lot of sense. It takes away KM's ability to point to the "empty chair"and argue that the rich folks that the State believes is behind the whole thing haven't even been arrested. I think that argument was a big difference maker in round 1. There is ample probable cause to arrest CA, and double jeopardy wouldn't attach until after a jury is empaneled.
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I totally agree. How was the fact that CA and DA were free, out enjoying their wealth and the fruits of their crime, presented to the jury?

I'm sure it wasn't possible for the prosecution to explain their devious strategy, that were hoping the jury would convict KM so that she'd turn state witness.

It could well look to jury members as though she, a lower class woman of colour, was being made the scapegoat for the real culprit.
 
Marvin Berry said:
Strategically, I think arresting at least CA before KM is retried makes a lot of sense. It takes away KM's ability to point to the "empty chair"and argue that the rich folks that the State believes is behind the whole things haven't even been arrested. I think that argument was a big difference maker in round 1. There is ample probable cause to arrest CA, and double jeopardy wouldn't attach until after a jury is empaneled.
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IMO. The State is attacking the situation as best they can with what they have in their tool box. "You chop off the legs and the rest of the table will fall." There isn't anybody pointing the finger at CA. LR pointed the finger at KM about her involvement and was arrested immediately. Any wise jury would know and understand KM is guilty and is key to securing a conviction beyond a reasonable doubt against CA...as long as she comes forward and tells the truth and true reason why she untruthful on the witness stand. At least 9 jurors figured it out in her trial. In the mean time let CA/WA run around in circles knowing their day will come to face justice for what each of them conspired to do DM. MOO.
 
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justice1960 said:
Isn't it a crime to apply as an indigent person and fees paid on the backs of Florida taxpayers and still have funding coming in from wealthy people behind the scenes?
I would think all Lawyers involved in a possible scam like this would be prosecuted and disbarred in the State of Florida. A Lawyer with any brains at all wouldn't touch a situation like that with a "ten foot pole." IMO.
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IMO DeCose and Kawass will do the same thing that Saamy did with SG. Have their client declared indigent but not request legal fees reimbursement from the government (except for expert witnesses) with the agreement from CA that the defense will be paid in full later. This strategy sounds like something that would be cooked up in PH1 to get around the Judge and the law and avoid further scrutiny on the topic. I don't think this is good lawyering, I think it's dirty lawyering.
 
I just heard part 3 of the juror's interview - how the heck did you all find that?? It has less than 30 views on YouTube. And it's some random guy/lawyer?

Anyway, this juror is exactly the kind of juror I figured would've caused a deadlock. She said she didn't believe anything Rivera said. She didn't believe anything Nobles said. And she believed everything KM said. Wow. She felt like GC was too locked in to her theory of the case - "prosecutorial desperation" - and that it turned her off. I can't even listen to anymore of this woman talking. She only looked at the evidence superficially. She doesn't have the critical thinking skills to be able to connect the dots. SMH. She needed "hard evidence" she said to believe anything Rivera said. She doesn't understand that circumstantial evidence and direct evidence carry the same weight. It's in the jury instructions. How TF can she believe everything KM said????? She said the main issue GC faced was the credibility of her witnesses. It sounds like this juror wholly discounted Rivera and Nobles because of their criminal history. It's obvious Nobles was a dealer but didn't want to admit that in open court and it sounds like she held that against him. It sounds like if she doesn't believe one thing a witness says, she's not going to believe anything else. Ugh. I haven't listened to the whole interview but did she say what the vote was?? I hope she's 1 of 2 because otherwise I'm not going to be hopeful in the retrial.
 
Weki said:
I just heard part 3 of the juror's interview - how the heck did you all find that?? It has less than 30 views on YouTube. And it's some random guy/lawyer?
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Yesterday he redid all of the videos so now they do show fewer views, and I think most comments are gone. The original videos didn't have video of him and instead he had dubbed over tennis matches and things like that, and he got criticism for it (just didn't work) so I guess he decided to just have his face on there after all. He thought people wouldn't want to watch just him, but they wanted to watch him playing tennis even less lol.
 
justice1960 said:
IMO. The State is attacking the situation as best they can with what they have in their tool box. "You chop off the legs and the rest of the table will fall." There isn't anybody pointing the finger at CA. LR pointed the finger at KM about her involvement and was arrested immediately. Any wise jury would know and understand KM is guilty and is key to securing a conviction without a doubt to CA. In the mean time let CA/WA run around in circles knowing their day will come to face justice for what each of them conspired to do to an innocent man. MOO.
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I get it. But juries aren't purely logical. They are human and are susceptible to emotional response. They also don't have all the information--only what is spoon fed to them during trial. You are armed with the knowledge that the State is "chopping off legs." The jury will not be told that and are left to infer it from circumstances. What they were told is that none of the Adelsons have been arrested, and the reason why could not be explained.

The police issued a probable cause affidavit for CA. Use it. Heck, subpoena him for KM's trial and let him sit up there and take the Fifth all afternoon [EDIT: probably a bad idea as he would get immunity for info learned from his testimony]. Nothing is going to change unless KM is convicted, and there's a good chance she won't be with all Adelsons running free.
 
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