GUILTY FL - Dan Markel, 41, FSU law professor, Tallahassee, 18 July 2014 - #4 *Arrests*

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Wow, that is an awful case. Usually they go with the status quo and don't uproot kids, but I do know of a local case where mom offed dad, and the judge did place the kids w dad's mother in another state over mom's family, who is wealthy.

Indy Anna said:
Yes, I do hope the M's would be given custody of the boys for those reasons, but there is another brother of WA who does not appear to be involved in the hit and, IIRC, live in another state. While I would not agree with the decision, I could see a judge awarding custody to that brother and his wife with the rationale that such placement would give the boys consistency by keeping them in their mother's family. The judge is likely to consider the ages of the Markels should both parties sue for custody. Another complicating factor is that the Markels live outside the US.

If DM's sister should sue for custody instead of her parents, that would eliminate the age factor, but I'm not sure where she lives. If she also lives in Canada, that would remain an obstacle. I don't know much about family law, so I don't know how that will come into play. But, I do know that judges often make unpopular decisions, based upon a detached analysis of the options rather than allowing their emotions to guide them. I had a coworker who battled for primary custody of her sons for years. Initially after she and her husband separated, her ex wanted nothing to do with the children and so the coworker moved out of state to be near her parents. She had a good, stable job. Then her ex and his new GF moved into the area also and began fighting for custody, and then continued the fight after he remarried and moved over 500 mi. away. After numerous court battles, my coworker ran out of money to continue the fight while her ex and his new wife owned a lucrative business. They finally ended up with a judge who decided to award custody to the ex because she (the judge) felt he and his new wife could provide a better home environment for the boys since they had more money. It was so unfair because having more money does not naturally equal a more loving, stable and nurturing home environment.

I will be terribly disappointed if the M's are not awarded custody of the boys. Of course, none of the A's have been arrested yet so we don't know if WA will be arrested and convicted. If WA escapes prosecution and retains custody of the boys, I think the boys will begin looking into what happened to their dad as they enter their teens. They will figure things out for themselves and it will make them very bitter against their mother and her family. I don't know of any families in which one parent had another murdered, but I have known some in which one parent was abusive and the parents shared custody after divorcing. When the children got older and began to understand the situation between their parents, they wanted nothing to do with the abusive party and severed ties when they turned 18.
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I would like to hope she's in the process of pleading, and I do believe that is going to happen, but I'm sort of inclined to think the 2nd degree murder charge is just a procedural thing and doesn't have to do with her plea. They can only hold a person in jail for 33 days without formal charges, and a 1st degree murder charge requires a grand jury indictment. So they filed an information charging her with Murder 2, for now. Nothing is stopping the state from upfiling to Murder 1 once they get a grand jury indictment. I predict a plea around late November/early-mid December. I predict the A's (at least a couple of them, hopefully four of them) will be locked up before the holidays. Happy Hanukkah!
 
I would normally agree with this assessment...but the downgraded charge to 2nd degree murder occurs right after multiple rumors saying that Magbuana is already talking.
She's only been in custody for 22 days...
 
MiamiTransplant said:
I would normally agree with this assessment...but the downgraded charge to 2nd degree murder occurs right after multiple rumors saying that Magbuana is already talking.
She's only been in custody for 22 days...
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What rumors?

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Rumors/leaks stating that KM is spilling her guts and implicating all those involved in the murder of DM. All over Tallahassee.
 
MiamiTransplant said:
Rumors/leaks stating that KM is spilling her guts and implicating all those involved in the murder of DM. All over Tallahassee.
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Hope it's true! Was just wondering if there's a link to back it up.

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Oh dear god. Ugh.
Update just posted on ATL. Statement from KM's lawyer.
http://abovethelaw.com/2016/10/the-dan-markel-case-is-katherine-magbanua-cutting-a-deal/

[FONT=proxima_nova]'Katherine is not entering into any agreement with the government; she’s innocent. Today’s filing could be a defensive move by the government. A Florida prosecutor can file an information (charging document) for all crimes except capital offenses, which require a Grand Jury indictment, but they are not always in session. Had they not filed something today, the 21st day, the Defense could move for an Adversary Preliminary Hearing, which turns into a mini-trial and can result in an outright release. Maybe the government was fearful that they would not win that hearing. What truly “would not be shocking” is if they did parade their facts before the Grand Jury and the response was no true bill. Remember, on October 6 Assistant State Attorney Cappleman admitted there was insufficient evidence to move forward against Katherine. What this means is their entire case rests on the unreliable word of a convicted gangster. No way a reasonable person would believe a single word coming from that ****’s mouth."[/FONT]
 
reallybusy said:
Oh dear god. Ugh.
Update just posted on ATL. Statement from KM's lawyer.
http://abovethelaw.com/2016/10/the-dan-markel-case-is-katherine-magbanua-cutting-a-deal/

[FONT=proxima_nova]'Katherine is not entering into any agreement with the government; she’s innocent. Today’s filing could be a defensive move by the government. A Florida prosecutor can file an information (charging document) for all crimes except capital offenses, which require a Grand Jury indictment, but they are not always in session. Had they not filed something today, the 21st day, the Defense could move for an Adversary Preliminary Hearing, which turns into a mini-trial and can result in an outright release. Maybe the government was fearful that they would not win that hearing. What truly “would not be shocking” is if they did parade their facts before the Grand Jury and the response was no true bill. Remember, on October 6 Assistant State Attorney Cappleman admitted there was insufficient evidence to move forward against Katherine. What this means is their entire case rests on the unreliable word of a convicted gangster. No way a reasonable person would believe a single word coming from that ****’s mouth."[/FONT]
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"Luis Rivera’s lawyer denied his client was cooperating after 20/20 reported that he was, but in the end, Rivera cut a deal."

lawyers are professional paid liars. there's too much evidence against her and her risk of a life sentence or worse is too high. he's bluffing just like Rivera's lawyer did IMO.
 
GordonX said:
"Luis Rivera’s lawyer denied his client was cooperating after 20/20 reported that he was, but in the end, Rivera cut a deal."

lawyers are professional paid liars. there's too much evidence against her and her risk of a life sentence or worse is too high. he's bluffing just like Rivera's lawyer did IMO.
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I wouldn't say that the lawyer is necessarily lying. More like advocating/posturing. KM's lawyers are predictably taking advantage of Ms. Capleman's inappropriate comments to the press which gave KM more bargaining power. The state admitted that all evidence minus LR's confession didn't even amount to probable cause for an arrest even though that clearly was not the case. But the statement is likely admissible in court nonetheless. So you're left with a confession from a career criminal that was offered seven years instead of the death penalty to play ball. I know many don't want to hear this, but if KM gets some good attorneys, this isn't a slam dunk. I agree that KM will settle, but I think she's going to wait it out for a sweetheart deal. The prosecutor's office will only feel more and more pressure the longer the Adelsons are walking the street.
 
Marvin Berry said:
I wouldn't say that the lawyer is necessarily lying. More like advocating/posturing. KM's lawyers are predictably taking advantage of Ms. Capleman's inappropriate comments to the press which gave KM more bargaining power. The state admitted that all evidence minus LR's confession didn't even amount to probable cause for an arrest even though that clearly was not the case. But the statement is likely admissible in court nonetheless. So you're left with a confession from a career criminal that was offered seven years instead of the death penalty to play ball. I know many don't want to hear this, but if KM gets some good attorneys, this isn't a slam dunk. I agree that KM will settle, but I think she's going to wait it out for a sweetheart deal. The prosecutor's office will only feel more and more pressure the longer the Adelsons are walking the street.
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I agree. And I think KM SHOULD wait for a sweetheart deal.

Yesterday I watched the Crime Watch Daily video where SG's attorney was interviewed and when asked what they claim the connection was between SG/LR and the Adelsons, he smirked and said, "I'll tell you in trial." Major eye roll. Reminded me of all of the threats Aaron Lewis made about how he was going to prove Beverly Carter was meeting him for a rendezvous.
 
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I think “Jessica” might be a cooperating witness against KM.
Jessica is LR’s baby mama. If J’s story matches LR’s story about the money exchange Saturday morning the day after the murder, then the jury won’t be relying only on the testimony of a convicted felon (LR).
During the 10/04/2016 LR interview by LE, LR explained that he, SG, KM, and J were all together at his house on Saturday morning (July 19, 2014) the day after the murder:

Luis Rivera’s statement to investigators on Markel case (1/2)
http://www.tallahassee.com/story/ne...e-were-coming-up-here-kill-somebody/91847004/
EXCERPTS, starting 1:32 -
LE and LR – This is Saturday morning, the very next morning.
LE - You didn’t see Katie Friday night?
LR – I didn’t see Katie Friday night at all. I seen her the next morning in my house.
LR - I seen her in my house the next morning. That’s 100% sure she brought the money.
LR - At least I got some proof cause she was at my house and she brought the money.
LR - Katie and Tuto shows up to my house. Garcia gave the bag to Jessica. But Jessica called me, I gotta bag here that looks like a brick. I said listen I’m on my way. Who’s over there. Katie and Tuto. I said I’m on my way over there right now. Tell them don’t move. Tell them don’t leave. I want to make sure Katie was there for real.

1:38:27
LE- How did Katie leave from Jessica’s house?
LR - Her car.
LE - So she’s still there with Jessica and Lulu the baby when you leave with Tuto?
LR – Yea, I left with Tuto.

Luis Rivera’s statement to investigators on Markel case (2/2)
http://www.tallahassee.com/videos/news/2016/10/10/91847760/
4:30 LE - The part where she’s katie’s asking you . . .you’re gonna come get the money.
4:44 LR - Who’s gonna come get the money.
5:15 LR - She came to my house and brought it that day, the money.
5:36 LR - Money was for the murder.

Page 5 of the PROBABLE CAUSE - CASE: 14-019848
http://www.talgov.com/uploads/public/documents/assets/news/tpd-magbanua.pdf
Early morning after the murder:
On July 19, 2014, at 1:26 a.m. EDST, the vehicle [Prius rented by LR] was located at . . . . North Miami, Florida. This address is the residence of Jessica Rodriguez, who was a girlfriend of (and has a child with) Rivera. Further investigation revealed that Rivera was arrested at this address on January 20, 2015, for a domestic violence incident with Rodriguez. Rivera was residing at this address according to the arrest report.
 
SeesSeas said:
I think “Jessica” might be a cooperating witness against KM.
Jessica is LR’s baby mama. If J’s story matches LR’s story about the money exchange Saturday morning the day after the murder, then the jury won’t be relying only on the testimony of a convicted felon (LR).
During the 10/04/2016 LR interview by LE, LR explained that he, SG, KM, and J were all together at his house on Saturday morning (July 19, 2014) the day after the murder:

Luis Rivera’s statement to investigators on Markel case (1/2)
http://www.tallahassee.com/story/ne...e-were-coming-up-here-kill-somebody/91847004/
EXCERPTS, starting 1:32 -
LE and LR – This is Saturday morning, the very next morning.
LE - You didn’t see Katie Friday night?
LR – I didn’t see Katie Friday night at all. I seen her the next morning in my house.
LR - I seen her in my house the next morning. That’s 100% sure she brought the money.
LR - At least I got some proof cause she was at my house and she brought the money.
LR - Katie and Tuto shows up to my house. Garcia gave the bag to Jessica. But Jessica called me, I gotta bag here that looks like a brick. I said listen I’m on my way. Who’s over there. Katie and Tuto. I said I’m on my way over there right now. Tell them don’t move. Tell them don’t leave. I want to make sure Katie was there for real.

1:38:27
LE- How did Katie leave from Jessica’s house?
LR - Her car.
LE - So she’s still there with Jessica and Lulu the baby when you leave with Tuto?
LR – Yea, I left with Tuto.

Luis Rivera’s statement to investigators on Markel case (2/2)
http://www.tallahassee.com/videos/news/2016/10/10/91847760/
4:30 LE - The part where she’s katie’s asking you . . .you’re gonna come get the money.
4:44 LR - Who’s gonna come get the money.
5:15 LR - She came to my house and brought it that day, the money.
5:36 LR - Money was for the murder.

Page 5 of the PROBABLE CAUSE - CASE: 14-019848
http://www.talgov.com/uploads/public/documents/assets/news/tpd-magbanua.pdf
Early morning after the murder:
On July 19, 2014, at 1:26 a.m. EDST, the vehicle [Prius rented by LR] was located at . . . . North Miami, Florida. This address is the residence of Jessica Rodriguez, who was a girlfriend of (and has a child with) Rivera. Further investigation revealed that Rivera was arrested at this address on January 20, 2015, for a domestic violence incident with Rodriguez. Rivera was residing at this address according to the arrest report.
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Jessica can testify that money exchanged hands. That's it. She has no direct knowledge regarding what the money was for and has clear incentive to back whatever version of events LR provided to get his greatly reduced sentence. Furthermore, to the extent she already provided a statement, the prosecutor has already told us that it doesn't even amount to probable cause to arrest KM. If the prosecutor thought so little of Jessica and her testimony, how much weight should the jury give it?

I'm not saying the prosecutor doesn't have a case. They obviously do. But they also haven't done themselves any favors by commenting on the case the way they have.
 
I agree that there is way too much evidence against her. The only reason she wouldn't talk is if she truly is innocent, which looks (IMO) highly unlikely at this point. Otherwise, the jig is up and she's risking way too much by holding firm. She had no compunction about twisting CA's arm after the event to get additional compensation, so there's no reason to believe she's going throw away whatever chance of she has of regaining her freedom to bail this poor chump out. Her lawyer saw what Rivera received and is likely playing hardball to keep her sentence under two decades. Even if she (or her lawyer) thinks Rivera's testimony won't be seen as credible, she's running quite the risk trying to test that theory before a jury
 
Marvin Berry said:
Jessica can testify that money exchanged hands. That's it. She has no direct knowledge regarding what the money was for and has clear incentive to back whatever version of events LR provided to get his greatly reduced sentence. Furthermore, to the extent she already provided a statement, the prosecutor has already told us that it doesn't even amount to probable cause to arrest KM. If the prosecutor thought so little of Jessica and her testimony, how much weight should the jury give it?

I'm not saying the prosecutor doesn't have a case. They obviously do. But they also haven't done themselves any favors by commenting on the case the way they have.
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Jessica may know much more than just the fact that money exchanged hands.

While J and KM and SG were waiting for LR to come home from the barbershop that Saturday morning, it could be that J heard specific statements between KM and SG, and/or that J was told something specific by KM about the bag of cash being a payment for murder.

I think the prosecutor is playing a decent chess game to get the A’s, but does not want to give away too many lenient sentences. I think KM is currently driving a hard bargain for herself, and perhaps bargaining for SG, too. KM may cough up the A’s only if she goes free and SG gets a light sentence. It seems KM holds the cards and her attorney knows it and the prosecution knows it.

^ ^ Speculation only ^ ^
 
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