GUILTY Fl - Dan Markel, 41, Fsu Law Professor, Tallahassee, 18 July 2014 - #5 *arrests*

[Razz]

Guess this guy really likes to give people a chance and lend a helping hand to immigrants and he has very deep pockets to do it too! imo.
http://www.miamiherald.com/news/politics-government/article149797499.html

There is always a meaning behind your posts even though it may not be clear at the moment. Are you thinking that this fella could be assisting KM? And chances are, he has some form of a business relationship with WA.

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[nancydrew71]

WOW! i posted many times that KM's attorneys would probably even turn down an IMMUNITY DEAL for KM because they are protecting someone else. AND I WAS RIGHT! this is incredible! how can they justify turning down an immunity deal?????????????? to me, this speaks volumes on the conflict of interest and WHO is really pulling the strings here!!! this is really OUTRAGEOUS!!! KM's attorneys are putting her in serious legal jeopardy in a CAPITAL MURDER CASE!

THIS IS INSANE. I mean a 5 year old could figure this out. What is wrong with this judge? Really!!!! This is a travesty.

JMO

 

[Razz]

There is always a meaning behind your posts even though it may not be clear at the moment. Are you thinking that this fella could be assisting KM? And chances are, he has some form of a business relationship with WA.

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Sorry to quote my own post but isn't this a non profit where the one doing the aiding doesn't need to account
for where the money comes from?

Now that would be mighty handy. Especially when aiding someone who doesn't want anyone to know where the money came from!

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[GordonX]

IMO -

i think KM could cut a deal with the State for 7 years minus time served - which is effectively what LR got - if she agrees to testify against the alleged masterminds and SG. i think it's a realistic deal for her and reasonable to all sides. i also think the DM's family would be OK with it if it leads to the arrest and conviction of the alleged masterminds. it sounds like Cappleman wants to cut a deal and get a proffer. my BIG concern is that her attorneys will not even consider it and are shutting out the possibility because they are not acting in her best interest because of what the State has defined as a conflict of interest. i feel that they would even turn down an immunity deal at this point. i have no problem with defense attorneys vigorously defending their clients and fighting for the best deal for them but i have a huge problem IF attorneys have a conflict of interest and are dirty. i hope that the Court gets to the bottom of it soon.

I posted the above two days ago on 7-20-17 before the immunity refusal bombshell news.

 

[Gaius]

There was a mention early that Filipino citizen relatives of Magbanua foot the legal bills to protect her. Would that be a ground for bringing in international laws? May be good investigative journalists in the Philippines would uncover the “money carrier” there. If that person makes $50K per year with 4 person household for the last 10 years, where are the $200K or more legal bill payment from? I wonder, would a FOIA request shade light into this mystification? I wonder, would a community involvement, say at FSU, similar to Black Lives matter (for lack of better example) be of help to shake up additional information of interests to justice? https://foia.state.gov/Learn/FOIA.aspx

“CANADIAN LIVES MATTER IN AMERICA TOO” Should not the FSU faculty know that? Should not the other Jews community members in South Florida know that? What is wrong with you people?

 

[nancydrew71]

Sorry to quote my own post but isn't this a non profit where the one doing the aiding doesn't need to account
for where the money comes from?

Now that would be mighty handy. Especially when aiding someone who doesn't want anyone to know where the money came from!

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The only thing is the judge must have seen who the money came from to pay her legal fees.
If it came from this organization who employes WA that would raise a huge red flag, right?

 

[GordonX]

IMO -

i posted this theory before, but what's to stop one of the alleged masterminds (who own their own business and allegedly were capable of paying the "hit fee" of $100K in cash) from obtaining $100K (or $1M for that matter) in cash, putting it in a duffel bag, walking into a Miami hotel room with a waiting KM family member, and leaving empty handed? 100 stacks of 10 grand… 1 million dollars - Could fit in most duffle bags. then KM's family member(s) slowly deposits the money into their bank account for payment of lawyer fees and expenses - creating SHAM proof for the Judge of the withdrawals - but the Judge is not as suspicious as he should be! this is the same alleged method that allegedly was used for payment and deposit of the murder blood money - WHY should we be surprised if it's being repeated? AND since the Judge refuses to tell State the source of the funds - they have no way to investigate those sources - not to mention the significant legal barriers to go after the personal financial records of KM family members.

 

[Razz]

IMO -

i posted this theory before, but what's to stop one of the alleged masterminds (who own their own business and allegedly were capable of paying the "hit fee" of $100K in cash) from obtaining $100K (or $1M for that matter) in cash, putting it in a duffel bag, walking into a Miami hotel room with a waiting KM family member, and leaving empty handed? 100 stacks of 10 grand… 1 million dollars - Could fit in most duffle bags. then KM's family member(s) slowly deposits the money into their bank account for payment of lawyer fees and expenses - creating SHAM proof for the Judge of the withdrawals - but the Judge is not as suspicious as he should be! this is the same alleged method that allegedly was used for payment and deposit of the murder blood money - WHY should we be surprised if it's being repeated? AND since the Judge refuses to tell State the source of the funds - they have no way to investigate those sources - not to mention the significant legal barriers to go after the personal financial records of KM family members.

Uh, aren't you the one who told me you believed the judge?

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[GordonX]

Uh, aren't you the one who told me you believed the judge?

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i said that i TRUST the Judge in the sense that i don't believe he is tainted by outside influence or money - as some have feared he could be. however, i believe he must and is operating within the confines of the law when he makes these judgments. it's the State's responsibility to PROVE the fees/conflict of interest. it's not the Judge's job to do that or even investigate it - so in that sense he is not "suspicious" enough - but he's not supposed to be.

BTW - someone sent me a PM but i could not reply because your mailbox is full. empty your mailbox, people!

 

[MissyS]

KM's defense is funded by a third party and KM has turned down an offer of immunity. She is accused of being a party to a criminal conspiracy and her enormous legal bills are further profit from the crime. The presently available understanding of the case fuels the belief that the in-laws are masterminding the murder and the coverup.

Who is the third party funding the defense? A first degree murder defense with multiple attorneys, investigators, dozens of witnesses, multiple court appearances and extensive travel, etc can easily run over $1 million. How many multi-millionaires does KM know? How many of these multi-millionaires are jumping at the chance to funnel money into her defense? Why doesn't the prosecution have the ability to investigate this third party to verify the legitimacy and origin of their funds.

The third party who is funding her legal team is not interested in the well being of KM. Not a bit.

KM was offered immunity. Her legal peril could have been resolved by accepting the immunity deal. The third party funding her defense could be satisfied that by accepting immunity she has removed herself from the risk of life in prison. Instead, she has been incarcerated for 10 months and seems satisfied to go to trial and accept the risk of a life sentence. It does not seem like the third party has KM in mind when he/she pays the legal bills. KM and, by extension, her legal team, are pawns of those holding the pursestrings.

If this third party was interested in KM's welfare, she would have been encouraged to take immunity. Her failure to accept immunity is tantamount to proof that she is protecting her masterminds.

If the KM attorneys had their client's welfare as their primary concern, then they would have succeeded by having her accept a plea for immunity. I wonder what kind of legal/ethical peril her defense attorneys place themselves in by trading immunity for the risk of life in prison. But perhaps the rest of the attorneys in the building will be satisfied by yet more sacrifices by others so that the masterminds can remain protected.

If KM is found not guilty, then she goes home. Of course, she could go home now by accepting immunity. Her best case scenario is identical. If she is found guilty, she probably does life. There is a veritable mountain of circumstantial evidence and a co-conspirator who will testify to her involvement. LR remembers KM and SG dividing up bricks of $100 bills the day after the murder. CA was caught on taps telling KM to leave the country so she can live like a king somewhere else. Wonder how many bricks of $100 bills KM envisions for herself if she can pull this thing off.

KM and her defense team have a lot in common. They all seem to be working hard for the wrong person.


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[nancydrew71]

MissyS, Great post! My question is, is the prosecuter, GC, allowed to talk to her and tell her this, even if it's in the presence of her attorneys? KM is naive about this whole thing, obviously.

 

[SeesSeas]

Nice thorough review of KM’s predicament.

Re this snippet: If KM is found not guilty, then she goes home. Of course, she could go home now by accepting immunity. Her best case scenario is identical. If she is found guilty, she probably does life.

If found not guilty, KM goes home. By, accepting immunity, KM goes home. So why is KM not accepting immunity?
I think it’s because she fears deadly retaliation.
If KM accepts immunity, her closest relatives may end up dead from a hired hit before she even exits jail – her children, brother, or brother’s family may be murdered.
There may be some witness protection provided, but I think the masterminds may have already arranged a hired hit ‘just in case’. And, KM likely knows this.

 

[Razz]

i said that i TRUST the Judge in the sense that i don't believe he is tainted by outside influence or money - as some have feared he could be. however, i believe he must and is operating within the confines of the law when he makes these judgments. it's the State's responsibility to PROVE the fees/conflict of interest. it's not the Judge's job to do that or even investigate it - so in that sense he is not "suspicious" enough - but he's not supposed to be.

BTW - someone sent me a PM but i could not reply because your mailbox is full. empty your mailbox, people!

How can the prosecution prove the money is tainted if they can't see where's if from!!!

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[Razz]

Nice thorough review of KM’s predicament.

Re this snippet: If KM is found not guilty, then she goes home. Of course, she could go home now by accepting immunity. Her best case scenario is identical. If she is found guilty, she probably does life.

If found not guilty, KM goes home. By, accepting immunity, KM goes home. So why is KM not accepting immunity?
I think it’s because she fears deadly retaliation.
If KM accepts immunity, her closest relatives may end up dead from a hired hit before she even exits jail – her children, brother, or brother’s family may be murdered.
There may be some witness protection provided, but I think the masterminds may have already arranged a hired hit ‘just in case’. And, KM likely knows this.

Well, if their previous selection of hitmen is an indication , she has nothing to worry about.

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[GordonX]

Nice thorough review of KM’s predicament.

Re this snippet: If KM is found not guilty, then she goes home. Of course, she could go home now by accepting immunity. Her best case scenario is identical. If she is found guilty, she probably does life.

If found not guilty, KM goes home. By, accepting immunity, KM goes home. So why is KM not accepting immunity?
I think it’s because she fears deadly retaliation.
If KM accepts immunity, her closest relatives may end up dead from a hired hit before she even exits jail – her children, brother, or brother’s family may be murdered.
There may be some witness protection provided, but I think the masterminds may have already arranged a hired hit ‘just in case’. And, KM likely knows this.

IMO - the reason KM isn't talking is greed not fear. i think someone communicated a big payday (possibly $1M) pot of gold at the end of the rainbow. i don't think the alleged masterminds would be so foolish as to try to do another hit - especially given how sloppy and bumbling their last and only one went down. these are amateurs at getting away with murder and know they know it. not to mention the ever existing possibility of police surveillance on their every move and communication. not to mention the risk of spooking KM into talking because of such threats. no this is a classic carrot vs. stick - KM is motivated by the carrot here - a big juicy carrot - and also getting bad advice from her "attorneys". i think CA has turned over everything to his attorney and he is directing this operation in its entirety - all at the very margins of the law and maybe even slightly beyond.

 

[GordonX]

MissyS, Great post! My question is, is the prosecuter, GC, allowed to talk to her and tell her this, even if it's in the presence of her attorneys? KM is naive about this whole thing, obviously.

IMO -

no way. one, it's not appropriate. two, KM's attorneys are shielding her from any consideration of action that puts the alleged masterminds in jeopardy.

 

[GordonX]

The third party funding her defense could be satisfied that by accepting immunity she has removed herself from the risk of life in prison. Instead, she has been incarcerated for 10 months and seems satisfied to go to trial and accept the risk of a life sentence.

IMO -

good point. DeCoste said "immediate family" has gone into "financial hardship" to pay the fees to defend her. BUT now she has the opportunity to take an immunity deal and get them (or whoever third party) off the financial hook and she doesn't take it? WHAT third party would agree to continue to fund a 6-7 figure defense when an immunity deal is offered by the State and rejected? WHO has the incentive to keep KM quiet?

And that immunity deal that GC mentioned sounds like it was full blown transactional immunity. GC said - "she holds the key to her own freedom".

 

[BSBC]

I am not a criminal defense attorney and am really baffled by this. I have never heard of a criminal defendant being offered full transactional immunity and not taking the deal. I assume the deal was: "The state will not prosecute you for anything having to do with the murder of DM, in exchange for you promising to provide truthful testimony about everything you know about the murder." One question I have is: Is there any way for the state to essentially force KM to take this deal, even if she doesn't want it? The state would unilaterally grant her immunity. They then call her to the stand. If she testifies fully any truthfully, great: the other co-conspirators get convicted, and she goes home. If she refuses to testify (and she can't invoke her 5th Amendment right against self-incrimination because she faces no jeopardy because of the grant of immunity), she gets locked up indefinitely for contempt. And if she lies under oath, she could be prosecuted for perjury.

Interested to hear from actual criminal defense attorneys (or prosecutors) whether this scenario, or some variation thereof, could work.

 

[nancydrew71]

IMO -

no way. one, it's not appropriate. two, KM's attorneys are shielding her from any consideration of action that puts the alleged masterminds in jeopardy.

Why is it not appropriate. Sometimes people ARE naïve and don't understand the system. She should be informed of this immunity deal by SOMEBODY.

 

[BSBC]

Why is it not appropriate. Sometimes people ARE naïve and don't understand the system. She should be informed of this immunity deal by SOMEBODY.

The legal ethics rules prohibit attorneys from communicating directly with parties on the other side who are represented by attorneys. So here, the prosecutors are not allowed to communicate directly with KM. I believe in criminal cases there are constitutional protections for the defendant, in addition to the legal ethics rules, that prohibit such communications.

There are also legal ethics rules that require an attorney to communicate settlement offers to his/her client. We have no reason to believe that KM's attorneys have not followed this rule. For whatever reason, she has, thus far, chosen not to accept the immunity deal, but I think we have to assume that she's aware of it.


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