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

[Ferpo]

KM is still in Leon County jail since two months ago NOV 22, 2022.
It's three months until CA's trial APR 24, 2023.
Perhaps KM is testifying to the Grand Jury regarding other co-conspirators?
Therefore, it seems efficient to keep KM in county jail rather than ongoing transport to/from state prison.

I was wondering about this too, and was thinking that the State may want to keep her close by, for her protection.

 

[friendlyobserver]

Professor Lacasse was not the only one - a mutual friend with an analytical mind. ​

​

I think this smart articulate friend of Dani is Tamara Demko - she had connected the dots to the Adelsons on day one - including directly to Wendi - she doesnt say in this interview half of what she saw in the days that followed about wendi's incriminating behavior

 

[Snacky]

I think this smart articulate friend of Dani is Tamara Demko - she had connected the dots to the Adelsons on day one - including directly to Wendi - she doesnt say in this interview half of what she saw in the days that followed about wendi's incriminating behavior

She connected the dots on day one yet TPD all but exonerated Wendi straight away. I still don't know why.

 

[friendlyobserver]

She connected the dots on day one yet TPD all but exonerated Wendi straight away. I still don't know why.

yes, i think it has to do with power, and wealth <modsnip>...wendi and the adelsons were treated way too well and nicely - not investigated seriously - can you imagine if they finger pointing was at the two hired guns as a domestic dispute - they'd be locked up real quick

 

[Jerri_Blank]

yes i think it has to do with power, and wealth <modsnip>...wendi and the adelsons were treated way too well and nicely - not investigated seriously - can you imagine if they finger pointing was at the two hired guns as a domestic dispute - they'd be locked up real quick

Wendi Adelson's godfather is Peter Weinstein, a former chief judge and former state Senator. His son Michael can be seen in interviews like 20/20 defending Charlie. Presumably this association provided the Adelson's some leeway. IMHO Has Michael Weinstein and his family helped their friends get away with murder?

 

[Seattle1]

Wendi Adelson's godfather is Peter Weinstein, a former chief judge and former state Senator. His son Michael can be seen in interviews like 20/20 defending Charlie. Presumably this association provided the Adelson's some leeway. IMHO Has Michael Weinstein and his family helped their friends get away with murder?

But is PW still out and about publicly defending CA?

I remember the Adelson family condolence statement to the Marels 5+ years ago by the "dream team" for the Adesons but not recalling much else. I don't think he's being noticed by the court for CA's case, right?

 

[chasingtruth]

Charlie Adelson's trial will be coming up in April 2023. We will be playing the other trials leading up to April if anyone is interested in hearing them.

 

[FreddyG]

She connected the dots on day one yet TPD all but exonerated Wendi straight away. I still don't know why.

I dunno, I think the TPD/state attorney have been agnostic on Wendi. They gave her only testimonial immunity in the trial and not much was said there anyway to incriminate. Wendi asserted that the state's not going to arrest her but I think that's a product of her own delusional confidence rather than a true prediction based on what the state will actually do.

The state has held it close to the vest w/r/t most of the Adelsons, except maybe Charlie, bc that's a smart move and also bc tbh the evidence against them is not great. Lots of incriminating inferences, but little to actually prove their involvement like a witness or an informant (pre-Katie flipping) or physical evidence. I believe they're guilty as sin, and I think the TPD/state att'y does too, but that's different than being able to prove it.

That's all to say that the evidence against WA/DA/HA is not great ... yet. But when Katie M's testimony goes live, I suspect that will change significantly.

 

[yazoost]

Questions for the litigators: there hasn't been an order or a hearing set for the motion to seal the proffer. I'm guessing that's because neither side has asked the judge. Any idea why they are letting that sit out there?

I'm also guessing that the proffer hasn't been formalized, otherwise you public records requestors would have it. The discovery deadline is getting closer. Does this seem odd? If not, what do you think's happening?

 

[Seattle1]

Magbanua being brought back to Tallahassee for questioning in Markel murder case

A judge has ordered Katherine Magbanua to be transported to Tallahassee to answer questions in a closed-door session with prosecutors called a proffer.

www.wctv.tv

Published: Nov. 16, 2022 at 1:30 PM PST

TALLAHASSEE, Fla (WCTV) - A judge has ordered Katherine Magbanua to be transported to Tallahassee to answer questions in a closed-door session with prosecutors called a proffer.

The court order filed Wednesday and signed by Circuit Judge Robert Wheeler says Magbanua will be brought to the State Attorney’s Office “for a Proffer on or before November 28- November30, 2022.”

Magbanua is serving a life sentence for the 2014 murder for hire of FSU Law professor Dan Markel. She was convicted in May and Florida Department of Corrections records show she is currently incarcerated at the Lowell Annex in Ocala.

Prosecutor Georgia Cappleman had no comment on the order or the reason for the proffer.

It comes just days before co-defendant Charlie Adelson is expected to make his next appearance in court. That’s scheduled for December 2.
Adelson was arrested in April and charged in Markel’s 2014 murder. He’s being held without bond at the Leon County Jail awaiting trial.

WCTV legal analyst Joe Bodiford says Magbanua may be sharing information about Charlie Adelson or the Adelson family that has not been revealed before in hopes of negotiating a reduced sentence.

“Usually, you make a proffer before you are convicted, not after,” Bodiford said. “Unless she’s got some sort of bombshell that hasn’t been brought to light so far, it may be too little too late for both sides.”

[..]

Magbanua has already appealed her conviction and sentence. That appeal is pending in the First District Court of Appeals, court records show.

 

[TheGardener]

I like Georgia Kappleman's conservative approach to releasing evidence. She has thousands of pages of evidence and over 6,000 wiretaps and video evidence, yet we've seen only a selective disclosure of that evidence as the co-conspirators are tried. I think she has way more than anyone suspects and she's weaving the noose a thread at a time. She's patient, willing to wait for what she feels is the best evidence as it applies to each defendant.

I think she's aiming for Wendy, the timekeeper, who's the linchpin when it comes to the whereabouts of the children, Dan, Lacasse, Charlie, Katie and the hitmen. Nothing happens unless SHE, the only co-conspirator in Tallahassee, signals the times and whereabouts of the victim AND the patsy (Lacasse). The OTHER family co-conspirators are in Miami. She is mere blocks away, in her van, and observed at the crime scene by the police. JMHO.

 

[TheGardener]

Something else to consider - Had Dan (like Jeff Lacasse) changed his scheduling intention, picked the boys up from school to play hookey for the day and brought them home without Wendi's knowledge, the boys may well have either witnessed his murder or been in the home when it took place. A similar timing error (Lacasse changing his mind about the time of his trip) could have occurred in relation to Dan's having the kids in his possession and in the family home between final communication by Wendi with the co-conspirators and his death.

The willingness to leave the children vulnerable to a mismanagement of time or quirk of fate is troubling. This in addition to using the children as a tool to torture Dan spiritually, morally and ethically. Clearly, this intention is made known in emails from Donna to Wendi where she offers a three-way funded bribe of a million dollars toward a literal purchase of the children from Dan through bribery. JMHO.

 

[yazoost]

GC is not slowrolling her evidence, unless she wants to lose the case and be disbarred. Prosecutors can't hide evidence from defendants. They could be slowrolling public records requests, which is common in FL gov't.

 

[Deleted member 302228]

GC is not slowrolling her evidence, unless she wants to lose the case and be disbarred. Prosecutors can't hide evidence from defendants. They could be slowrolling public records requests, which is common in FL gov't.

They have to reveal any evidence (under Brady) that could be used in the defense of the accused.
Otherwise, the DA chooses what evidence to introduce.
The biggest fallacy among case watchers is that they have seen all the evidence- no one has- important to keep in mind when predicting, analyzing, etc.

 

[rsc42]

They have to reveal any evidence (under Brady) that could be used in the defense of the accused.
Otherwise, the DA chooses what evidence to introduce.
The biggest fallacy among case watchers is that they have seen all the evidence- no one has- important to keep in mind when predicting, analyzing, etc.

Yes, they have an obligation to disclose potentially exculpatory evidence under Brady. But they also have a duty to disclose all relevant inculpatory evidence that they plan to use at trial in a timely fashion, as provided under the applicable discovery rules. There is no "trial by ambush," in other words, they can't just keep certain smoking gun pieces of evidence under wraps and spring it on the defense at trial or on the eve of trial.

 

[Hiller]

Something else to consider - Had Dan (like Jeff Lacasse) changed his scheduling intention, picked the boys up from school to play hookey for the day and brought them home without Wendi's knowledge, the boys may well have either witnessed his murder or been in the home when it took place. A similar timing error (Lacasse changing his mind about the time of his trip) could have occurred in relation to Dan's having the kids in his possession and in the family home between final communication by Wendi with the co-conspirators and his death.

The willingness to leave the children vulnerable to a mismanagement of time or quirk of fate is troubling. This in addition to using the children as a tool to torture Dan spiritually, morally and ethically. Clearly, this intention is made known in emails from Donna to Wendi where she offers a three-way funded bribe of a million dollars toward a literal purchase of the children from Dan through bribery. JMHO.

I don't believe that the boys were ever vulnerable. I believe that the one immutable, absolute, unbending rule among the Adelson conspirators was that under no circumstances could there be any risk of harm to the boys, including by inadvertantly being present at the execution. In turn, the only way to insure that was the case was for WA to be, as you put it, the "timekeeper" - (a) close by and able to confirm to her satisfaction the safe location of the boys at the time of execution and (b) able to give the final go/no go decision very shortly before the execution without which it was understood with KM (and through KM with SG) that it would not proceed.

 

[yazoost]

Let me rephrase my initial questions.

One of these has to be true: (1) the proffer has not been taken; or (2) the state won't use it. If (1), why? What are they waiting for. As RSC42 said, there is no trial by ambush. The closer we get to trial and the more relevant the proffer is, the more likely CA asks for and gets a continuance.

And, why has CA's lawyer not asked for an order on his motion? Without that order, the state will have to release the proffer upon a public records request. And, the longer it goes on, the longer TD, WCTV, 1A Foundation can object.

My baseless assumption for all of this is that the state and DR have agreed to delay the formalization of the proffer. But I can't figure out why.

 

[vislaw]

Let me rephrase my initial questions.

One of these has to be true: (1) the proffer has not been taken; or (2) the state won't use it. If (1), why? What are they waiting for. As RSC42 said, there is no trial by ambush. The closer we get to trial and the more relevant the proffer is, the more likely CA asks for and gets a continuance.

And, why has CA's lawyer not asked for an order on his motion? Without that order, the state will have to release the proffer upon a public records request. And, the longer it goes on, the longer TD, WCTV, 1A Foundation can object.

My baseless assumption for all of this is that the state and DR have agreed to delay the formalization of the proffer. But I can't figure out why.

My understanding is that the pending motion for a protective order puts the proffer's status as a public record on hold. Until the judge rules on the motion the matter is moot. Given that both the state and defense are in agreement I would be surprised if the judge overrules the motion anyway.

I don't think there's any question the defense has a copy of it by now since that is a primary obligation on the prosecution per Brady without regard to any other considerations. I expect the proffer will remain under seal unless the judge rules otherwise in the coming weeks. Perhaps the media will press the court to resolve the pending motion. I see no reason for CA to press the judge to rule when the status quo is working in his favor.

It would be a different matter if the defense does not have a copy of any statements made by KM. In that case they would be filing a Brady motion and the fact they haven't suggests they already have a copy IMHO.

 

[yazoost]

Vislaw, as I understand the public records law, the state would have to turn over the proffer in the absence of a court order. It's your belief that the motion is functionally the same as an order until a judge overrules it? Or that the judge may have sealed it without a public statement as to that effect?

I agree that the judge will grant it. I just wonder why he hasn't. Thanks!

 

[Deleted member 302228]

Yes, they have an obligation to disclose potentially exculpatory evidence under Brady. But they also have a duty to disclose all relevant inculpatory evidence that they plan to use at trial in a timely fashion, as provided under the applicable discovery rules. There is no "trial by ambush," in other words, they can't just keep certain smoking gun pieces of evidence under wraps and spring it on the defense at trial or on the eve of trial.

Yes, of course, but that's different than "They have to turn over all evidence."

My understanding is that the pending motion for a protective order puts the proffer's status as a public record on hold. Until the judge rules on the motion the matter is moot. Given that both the state and defense are in agreement I would be surprised if the judge overrules the motion anyway.

I don't think there's any question the defense has a copy of it by now since that is a primary obligation on the prosecution per Brady without regard to any other considerations. I expect the proffer will remain under seal unless the judge rules otherwise in the coming weeks. Perhaps the media will press the court to resolve the pending motion. I see no reason for CA to press the judge to rule when the status quo is working in his favor.

It would be a different matter if the defense does not have a copy of any statements made by KM. In that case they would be filing a Brady motion and the fact they haven't suggests they already have a copy IMHO.

The judge hasn't ruled on the motion to seal the proffer- which he said he would do when the proffer was complete.