GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #12

[katiecoolady]

I'm rewatching Tara Kawass statement. "There is not a day that goes by that when I speak to Ms. Magbanua that she doesn't express how her heart is broken for the Markel family.". Does she really expect anyone to believe that? Her hyperbole does not do her or her client any favors.

She's clearly trying to align with the Markels in this statement--talking about what a wonderful person Dan was, personally and professionally. It's almost like she is giving a Victim Impact Statement. The only things she included as mitigating factors are almost a quiet aside -- she has no priors, she's a mother of 2 and a college graduate said quickly and impassionately. Then she goes on and on about the Markels including directly addressing the camera.

Totally bizarre.

 

[katiecoolady]

Makes me wonder about who came up with that fantasy story about SG and CA working together. I realize they had to defend KM somehow but was it KM's idea?

She promised that in opening statements and the only things they came up with was a potential confrontation at a restaurant (with no evidence it happened), a shared car mechanic for the car CA gave KM that SG also used for that car but no evidence they ever interacted through that and an errant call to Charlie's DAD. That's it. That's their entire proof of their alternative theory they promised to prove.

 

[FrankieT]

I'm rewatching Tara Kawass statement. "There is not a day that goes by that when I speak to Ms. Magbanua that she doesn't express how her heart is broken for the Markel family.". Does she really expect anyone to believe that? Her hyperbole does not do her or her client any favors.

She's clearly trying to align with the Markels in this statement--talking about what a wonderful person Dan was, personally and professionally. It's almost like she is giving a Victim Impact Statement. The only things she included as mitigating factors are almost a quiet aside -- she has no priors, she's a mother of 2 and a college graduate said quickly and impassionately. Then she goes on and on about the Markels including directly addressing the camera.

Totally bizarre.

At this point could KM say she didn't have proper counsel and request another trial? I know nothing of the legal system, but those lawyers sure seemed to be working for someone other than KM. And I TOTALLY think she is guilty of everything.

 

[vislaw]

There are a lot of flags here that suggest Katie is at least trying to cut a deal. Florida law provides that the judge can grant relief from a sentence if the defendant cooperates and the state recommends it. My reading of the tea leaves:

1) Georgia spoke very little in spite of the fact that the Markel family was watching. To me, she acted the way I would expect someone to behave if negotiations were going on in the background. Otherwise, I would have expected her to have some choice words for Katie who put the state and the Markel family through so much hell and expense with no cooperation. Both sides seemed to be on idle rather than in first gear this morning.

2) The case has been handed off to the public defender and Katie is now officially declared indigent for purposes of the appeal. This suggests the money spigot has been shut off and the defense may be negotiating a deal. It also emphasizes that any appeal is going nowhere in this case. The trial was clean and error free. Katie surely realizes she's going to die in prison if she doesn't cooperate now.

3) Kawass was uncharacteristically conciliatory towards the Markel family and did nothing to suggest Katie is still proclaiming her innocence. This may have been an attempt to curry favor with the judge to get a small reduction in the two minor counts, but she certainly knows the chance of a successful appeal is pretty much nil, so that a reduction in sentence for the minor accounts would be meaningless. If she or her client held out any hope for appeal she would have been expected to posture accordingly.

The big question for me is whether Katie could come up with anything of value that would cause Georgia to cut her a deal.

 

[Marysmith]

I am not a legal expert but wondering if there is any chance of a reversal of a conviction sentence then with cooperating for KM? Wow, this case has so many twists and turns! Maybe if KM can provide proof of all the Adelson’s bring involved? I have no sympathy for KM at all and think she is completely guilty but the Adelson’s are the primary source for the murder occurring.

 

[katiecoolady]

At this point could KM say she didn't have proper counsel and request another trial? I know nothing of the legal system, but those lawyers sure seemed to be working for someone other than KM. And I TOTALLY think she is guilty of everything.

Oh yeah she can and she likely will. Not that it will fly, but still...

 

[katiecoolady]

There are a lot of flags here that suggest Katie is at least trying to cut a deal. Florida law provides that the judge can grant relief from a sentence if the defendant cooperates and the state recommends it. My reading of the tea leaves:

1) Georgia spoke very little in spite of the fact that the Markel family was watching. To me, she acted the way I would expect someone to behave if negotiations were going on in the background. Otherwise, I would have expected her to have some choice words for Katie who put the state and the Markel family through so much hell and expense with no cooperation. Both sides seemed to be on idle rather than in first gear this morning.

2) The case has been handed off to the public defender and Katie is now officially declared indigent for purposes of the appeal. This suggests the money spigot has been shut off and the defense may be negotiating a deal. It also emphasizes that any appeal is going nowhere in this case. The trial was clean and error free. Katie surely realizes she's going to die in prison if she doesn't cooperate now.

3) Kawass was uncharacteristically conciliatory towards the Markel family and did nothing to suggest Katie is still proclaiming her innocence. This may have been an attempt to curry favor with the judge to get a small reduction in the two minor counts, but she certainly knows the chance of a successful appeal is pretty much nil, so that a reduction in sentence for the minor accounts would be meaningless. If she or her client held out any hope for appeal she would have been expected to posture accordingly.

The big question for me is whether Katie could come up with anything of value that would cause Georgia to cut her a deal.

Thank you for weighing in. Yeah Kawass almost tucked in 3 mitigating factors like an aside (no prior, she's a mother and a college graduate) then went on to essentially make her own victim impact statement for Dan Markel. Weird. Even looking straight at the camera with a declaration that they will not rest until all are brought to justice! Again, weird.

And you're right, Georgia said like 3 sentences--asking for the max and consecutive. No aggravating factors or argument. Also unusual.

I like your tea leaves. I wonder though how they would handle the fact that she lied for 8 years about her involvement to avoid accountability and now is telling the truth...for the same reason? How would they argue that?

 

[Marysmith]

Thank you for weighing in. Yeah Kawass almost tucked in 3 mitigating factors like an aside (no prior, she's a mother and a college graduate) then went on to essentially make her own victim impact statement for Dan Markel. Weird. Even looking straight at the camera with a declaration that they will not rest until all are brought to justice! Again, weird.

And you're right, Georgia said like 3 sentences--asking for the max and consecutive. No aggravating factors or argument. Also unusual.

I like your tea leaves. I wonder though how they would handle the fact that she lied for 8 years about her involvement to avoid accountability and now is telling the truth...for the same reason? How would they argue that?

How can you argue that? It’s unconscionable and even if she wants to be honest now it’s only for herself obviously as she never cared about Dan or his loved ones prior at all.

 

[Bongo]

I thought Charlie looked basically OK in the video. I did enjoy seeing him shackled.

It was interesting to hear that both sides hope for a trial around January, thus they will have a hearing conference in November-ish.

 

[Marysmith]

I thought Charlie looked like he gained weight but it’s hard to tell in the prison scrubs. He did look subdued - I’m sure it’s been a rough few months for him…

 

[Weki]

Yeah the tone was quite subdued in today’s sentencing. The pivot to sympathy for the Markel’s was interesting - appealing to them for agreement on a deal for KM perhaps!? I’m assuming they would have to agree to any deal with KM. I think KM could have a smoking gun evidence that would make a deal still viable. But even without a smoking gun, if she falls on her sword and says she didn’t want to admit to what she did out of shame or to protect her kids’ reputation it would be believable! With Rivera’s testimony, it would be a slam dunk for the state.

 

[GDP]

In CA's motion for bail, in footnote 7, CA's lawyer writes that "upon information and belief" before her retrial KM was "offered immunity for the charges against her" if she testified against CA, which she rejected. The motion can be accessed here: Charlie Adelson appears in court Friday

This seems crazy given that the original trial was 10-2 against and the state's case was only stronger the second time around (not least because they were prepared for KM's testimony). Why would the state offer such a great deal then and, even crazier, why would KM turn it down? It seems unbelievable. On the other hand, lawyers can't just lie about their information and belief.

 

[Bongo]

I thought Charlie looked like he gained weight but it’s hard to tell in the prison scrubs. He did look subdued - I’m sure it’s been a rough few months for him…

Since he's so into bodybuilding he should use this opportunity to build some mass rather than "jibbering" on the phone all day.

 

[Marysmith]

Yeah the tone was quite subdued in today’s sentencing. The pivot to sympathy for the Markel’s was interesting - appealing to them for agreement on a deal for KM perhaps!? I’m assuming they would have to agree to any deal with KM. I think KM could have a smoking gun evidence that would make a deal still viable. But even without a smoking gun, if she falls on her sword and says she didn’t want to admit to what she did out of shame or to protect her kids’ reputation it would be believable! With Rivera’s testimony, it would be a slam dunk for the state.

Yes, this is true. I’m really starting to think she does want to cooperate now. Maybe that’s why Kawass is bowing out? Lots of possible ethical issues now…

 

[Marysmith]

In CA's motion for bail, in footnote 7, CA's lawyer writes that "upon information and belief" before her retrial KM was "offered immunity for the charges against her" if she testified against CA, which she rejected. The motion can be accessed here: Charlie Adelson appears in court Friday

This seems crazy given that the original trial was 10-2 against and the state's case was only stronger the second time around (not least because they were prepared for KM's testimony). Why would the state offer such a great deal then and, even crazier, why would KM turn it down? It seems unbelievable. On the other hand, lawyers can't just lie about their information and belief.

It does seem crazy!!

 

[Weki]

@GDP Wow! I didn’t click the link but based on your representation it is INSANE to me that state was offering KM a walk! It makes me think they don’t believe their case against CA is strong without her. Having said that, if I was a Markel I would want an Adelson rotting in prison more than KM!

 

[Marysmith]

@GDP Wow! I didn’t click the link but based on your representation it is INSANE to me that state was offering KM a walk! It makes me think they don’t believe their case against CA is strong without her. Having said that, if I was a Markel I would want an Adelson rotting in prison more than KM!

Agreed. Wow. If Donna and Wendi could be brought up on charges that would be amazing… yes, all the convicted players are guilty but there are others that IMO are guiltier… if it were not for them Dan would not have been murdered.

 

[Wishbone]

There are a lot of flags here that suggest Katie is at least trying to cut a deal. Florida law provides that the judge can grant relief from a sentence if the defendant cooperates and the state recommends it. My reading of the tea leaves:

1) Georgia spoke very little in spite of the fact that the Markel family was watching. To me, she acted the way I would expect someone to behave if negotiations were going on in the background. Otherwise, I would have expected her to have some choice words for Katie who put the state and the Markel family through so much hell and expense with no cooperation. Both sides seemed to be on idle rather than in first gear this morning.

2) The case has been handed off to the public defender and Katie is now officially declared indigent for purposes of the appeal. This suggests the money spigot has been shut off and the defense may be negotiating a deal. It also emphasizes that any appeal is going nowhere in this case. The trial was clean and error free. Katie surely realizes she's going to die in prison if she doesn't cooperate now.

3) Kawass was uncharacteristically conciliatory towards the Markel family and did nothing to suggest Katie is still proclaiming her innocence. This may have been an attempt to curry favor with the judge to get a small reduction in the two minor counts, but she certainly knows the chance of a successful appeal is pretty much nil, so that a reduction in sentence for the minor accounts would be meaningless. If she or her client held out any hope for appeal she would have been expected to posture accordingly.

The big question for me is whether Katie could come up with anything of value that would cause Georgia to cut her a deal.

I like the way you think! There was definitely something “off”, besides losing this case, with all of those seated at the defense table.

 

[bbkitty]

There are a lot of flags here that suggest Katie is at least trying to cut a deal. Florida law provides that the judge can grant relief from a sentence if the defendant cooperates and the state recommends it. My reading of the tea leaves:

1) Georgia spoke very little in spite of the fact that the Markel family was watching. To me, she acted the way I would expect someone to behave if negotiations were going on in the background. Otherwise, I would have expected her to have some choice words for Katie who put the state and the Markel family through so much hell and expense with no cooperation. Both sides seemed to be on idle rather than in first gear this morning.

2) The case has been handed off to the public defender and Katie is now officially declared indigent for purposes of the appeal. This suggests the money spigot has been shut off and the defense may be negotiating a deal. It also emphasizes that any appeal is going nowhere in this case. The trial was clean and error free. Katie surely realizes she's going to die in prison if she doesn't cooperate now.

3) Kawass was uncharacteristically conciliatory towards the Markel family and did nothing to suggest Katie is still proclaiming her innocence. This may have been an attempt to curry favor with the judge to get a small reduction in the two minor counts, but she certainly knows the chance of a successful appeal is pretty much nil, so that a reduction in sentence for the minor accounts would be meaningless. If she or her client held out any hope for appeal she would have been expected to posture accordingly.

The big question for me is whether Katie could come up with anything of value that would cause Georgia to cut her a deal.

Vislaw, your tea leaves read accurately IMO. I think there are ongoing negotiations but the ball is in Katie's court and the prosecution with the upper hand is playing hardball. It's all of the Adelsons or no deal. They don't need the scoop on Charlie.

I'm curious why DeCoste was not present after 6 years of representing Katie. Thoughts?

 

[The Dude Lebowski]

Kawass is all over the place! She didn’t have her shadow with her either. She almost seemed to concede KM’s guilt today! From crying during verdict to this! She was like a different person today. She was genuflecting to the judge and Cappelman. I wonder if KM wanted to deal and state said nope!

Cappelman didn’t have to work hard to get that consecutive sentence! Judge didn’t even bother explaining his sentence! Buh bye!

I also don’t buy Kawass’ explanation for why KM’s family didnt attend the trial! Not one member? Because of the cameras! Puhlease!

I am convinced that the State gleefully said "Nope - no deal! Don't need it and shoulda taken it when offered." This sets a STRONG precedent on if a deal is offered by Cappelman you better damn take it with a yes ma'am. Otherwise you will have all these crooks and their council thinking they can take a chance at trial and if they lose, they can still cut a deal. We all see Kawass crying and emotional for KM but SHE blew it. She shoulda advised taking the deal 2 yrs ago and in the end Kawass has now dumped KM on appeal as the $$ spigot has been turned off.