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

[GordonX]

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.

IMO -

oh KM is aware of the immunity deal but i believe she is refusing it for 2 reasons -

1. Greed - "pot of gold" has been promised (communicated through attorneys) at the end of all this. $1M tax-free? $1M is a lot of money - especially for someone like KM who may see it as "all the money in the world" - even though it's really not. Once again, KM is a victim of her own Greed.
2. Biased Legal Advice - "Forget the immunity deal! We will get you off at the end of this and you'll be RICH!" I can't imagine any unbiased defense attorney that would advise against taking the deal given the circumstances. If I was her attorney, I would withdraw from the case if she refused to take the deal.

possible CURRENT Communication Link all under the protection and guise of "Attorney-Client Privilege" -

KM<--->KM's Attorneys<--->CA's Attorney<--->CA

Communication, Reassurances, Information, Strategy, Finance?

 

[nancydrew71]

IMO -

oh KM is aware of the immunity deal but i believe she is refusing it for 2 reasons -

1. Greed - "pot of gold" has been promised (communicated through attorneys) at the end of all this. $1M tax-free? $1M is a lot of money - especially for someone like KM who may see it as "all the money in the world" - even though it's really not. Once again, KM is a victim of her own Greed.
2. Biased Legal Advice - "Forget the immunity deal! We will get you off at the end of this and you'll be RICH!" I can't imagine any unbiased defense attorney that would advise against taking the deal given the circumstances. If I was her attorney, I would withdraw from the case if she refused to take the deal.

possible CURRENT Communication Link all under the protection and guise of "Attorney-Client Privilege" -

KM<--->KM's Attorneys<--->CA's Attorney<--->CA

Communication, Reassurances, Information, Strategy, Finance?

Well then she is blinded by the money she might get and at the same time being screwed over by these attorneys. Revolting.

 

[GordonX]

Well then she is blinded by the money she might get and at the same time being screwed over by these attorneys. Revolting.

IMO -

maybe KM doesn't see her current predicament as we do. maybe KM sees her current situation as an OPPORTUNITY. maybe she sees it as a second chance at an even bigger winning lottery ticket than her original alleged involvement as middleman in the murder for hire? if her attorneys have her convinced they'll get her off - she might think this is risk free money! and what price do you think the alleged masterminds would pay for their freedom? my guess is they'd pay whatever it costs! and they have the means to pay something like maybe $1M which i think would be more than enough inducement for KM to "go along with the program". $1M to make all her dreams come true! maybe KM is once again blinded by the money and not realizing the risks - just like the first time around.

 

[nancydrew71]

IMO -

maybe KM doesn't see her current predicament as we do. maybe KM sees her current situation as an OPPORTUNITY. maybe she sees it as a second chance at an even bigger winning lottery ticket than her original alleged involvement as middleman in the murder for hire? if her attorneys have her convinced they'll get her off - she might think this is risk free money! and what price do you think the alleged masterminds would pay for their freedom? my guess is they'd pay whatever it costs! and they have the means to pay something like maybe $1M which i think would be more than enough inducement for KM to "go along with the program". $1M to make all her dreams come true! maybe KM is once again blinded by the money and not realizing the risks - just like the first time around.

I agree.

 

[platon20]

I have a question about the money trail.

From what I have read on the affidavit, it just says that the police traced a series of small checks from Donna Adelson to KM. However those checks were relatively small amounts like $400 at a time, nowhere near the 60k she ended up having in her bank account. Also she worked at the dental office so the defense attorney can just claim those $400 checks are for salary.

The real blood money to KMs account comes from cash deposits, not checks. But those cash deposits, as far as I know, have NOT been linked to the Adelson's in any way so far.

That's a big problem. IMHO the police can't move against the Adelsons, even with KMs cooperation until they nail down those cash withdrawals as coming directly from an Adelson controlled bank account. So far, the affidavits I have read haven't shown that.

 

[MissyS]

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".

I agree with you entirely. Incentive and motivation is the key to the mystery of why KM would prefer take the risk of going to trial. Everyone wins except her. By going to trial, her Miami attorneys continue to have their sizable bills paid by a third party. The third party's interests are protected or served in some way by pushing KM to take the risks associated with a trial.

Many (?most?) defense attorneys would consider obtaining a plea bargain for full immunity from prosecution to be a fantastic victory for their client over the prosecution. This team is not. One must question if they are really zealous advocates for KM or are they really serving the masterminds of this criminal conspiracy.

KM has been sitting in jail for the past 10 months, with another 6 months to go before her trial (maybe), and then a life sentence if she loses. I doubt she is worried about a hit as the result of the masterminds seeking revenge. They couldn't find real hitmen in the first place. She is looking for the big payday. The masterminds are looking to preserve their lifestyle and freedom, so there is no limit on what they will spend.

One has to wonder why KM would prefer her chances at trial to a guarantee of freedom.

Everyone wins except KM.


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[Razz]

I agree with you entirely. Incentive and motivation is the key to the mystery of why KM would prefer take the risk of going to trial. Everyone wins except her. By going to trial, her Miami attorneys continue to have their sizable bills paid by a third party. The third party's interests are protected or served in some way by pushing KM to take the risks associated with a trial.

Many (?most?) defense attorneys would consider obtaining a plea bargain for full immunity from prosecution to be a fantastic victory for their client over the prosecution. This team is not. One must question if they are really zealous advocates for KM or are they really serving the masterminds of this criminal conspiracy.

KM has been sitting in jail for the past 10 months, with another 6 months to go before her trial (maybe), and then a life sentence if she loses. I doubt she is worried about a hit as the result of the masterminds seeking revenge. They couldn't find real hitmen in the first place. She is looking for the big payday. The masterminds are looking to preserve their lifestyle and freedom, so there is no limit on what they will spend.

One has to wonder why KM would prefer her chances at trial to a guarantee of freedom.

Everyone wins except KM.


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Well, maybe she truly feels in a rather
twisted way that she is innocent.

Also, wouldn't the judge have to take into account that she's been offered immunity but won't take it? Or is he going by "innocent until proven quilty"
therefore she has the right to do as she pleases even if it means bankrupting her benefactor. I guess that's not his problem. But I would have to ask, if I were the judge, who does she know that will shell out all this money when
The evidence against her is pretty strong?

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[MissyS]

Well, maybe she truly feels in a rather
twisted way that she is innocent.

Also, wouldn't the judge have to take into account that she's been offered immunity but won't take it? Or is he going by "innocent until proven quilty"
therefore she has the right to do as she pleases even if it means bankrupting her benefactor. I guess that's not his problem. But I would have to ask, if I were the judge, who does she know that will shell out all this money when
The evidence against her is pretty strong?

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Razz---- the question is motivation of the third party.
If the third party wants KM out of jail and free from prosecution, she could accept immunity and her attorneys can claim a huge win.
If the third party wants to protect someone else, then KM goes to trial.
KM doesn't have a lot to gain by foregoing immunity and rolling the dice at trial. The masterminds have a lot to gain by KM going to trial (time, chance for a not-guilty result). KM's best case scenario has already been achieved. She could walk free today. But she won't. She wants a payday and the masterminds want their freedom.

This is ripe material for investigative journalism. KM is being sacrificed for the benefit of others.

I wonder if SG is being approached regarding a plea deal? That may encourage KM to do the right thing.


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[Razz]

Razz---- the question is motivation of the third party.
If the third party wants KM out of jail and free from prosecution, she could accept immunity and her attorneys can claim a huge win.
If the third party wants to protect someone else, then KM goes to trial.
KM doesn't have a lot to gain by foregoing immunity and rolling the dice at trial. The masterminds have a lot to gain by KM going to trial (time, chance for a not-guilty result). KM's best case scenario has already been achieved. She could walk free today. But she won't. She wants a payday and the masterminds want their freedom.

This is ripe material for investigative journalism. KM is being sacrificed for the benefit of others.

I wonder if SG is being approached regarding a plea deal? That may encourage KM to do the right thing.


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But wouldn't the judge have to acknowledge that something is very wrong that KM would forgo total immunity and continue on with a trial?

What I am saying is....yes it appears to you, me and everyone else here that her attorneys do not appear to be doing anything that is in her best interest.

Wouldn't the judge in this case be thinking the same thing or at least asking those questions?

I know GordonX seems to think this judge is bound by some arcane rules and that's why the judge is ok with whoever her benefactors are. But still, imo, this looks very bad for this judge.

And who will be brave enough to pick this up as an investigative journalist?
What's in it for them? A paycheck? Who does this sort of real investigative journalism anymore?!

Can GC request a "do over" re KM' s benefactors or request another judge?



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[dotr]

Wondering if the case for KM's mental illness ultimately had any teeth?
If so, will that be brought into play no matter what steps she does or does not take regarding the immunity offer?
If this goes to trial by jury, will they take pity on an allegedly cash-strapped woman whose family has suffered the burden of paying for lawyers, to protect a possibly unbalanced and innocent woman, a single mother?
Will they be convinced that she could not possibly be guilty because she is either crazy, or so honourable that she would rather hold out to tell her truth when she could simply take the immunity offered and walk free?
Will a jury see her as an innocent and manipulated pawn, used on both sides of the chess set?
Is she a near blameless hapless victim to the men in her life, the wealthy, educated, sophisticated Doctor, with powerful connections...
and/or to the poor, uneducated, bumbling, brutish, but sadly, lethal hit man, who- oddly, perhaps pertinently also has powerful connections ? ...
Complete and utter speculation, imo.

http://www.websleuths.com/forums/sh...14-5-*Arrests*/page42&p=13354206#post13354206

 

[nancydrew71]

But wouldn't the judge have to acknowledge that something is very wrong that KM would forgo total immunity and continue on with a trial?

What I am saying is....yes it appears to you, me and everyone else here that her attorneys do not appear to be doing anything that is in her best interest.

Wouldn't the judge in this case be thinking the same thing or at least asking those questions?

I know GordonX seems to think this judge is bound by some arcane rules and that's why the judge is ok with whoever her benefactors are. But still, imo, this looks very bad for this judge.

And who will be brave enough to pick this up as an investigative journalist?
What's in it for them? A paycheck? Who does this sort of real investigative journalism anymore?!

Can GC request a "do over" re KM' s benefactors or request another judge?



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I was thinking that same thing about the judge. If GC Can request another judge, I certainly hope she does.

 

[GordonX]

KM has the right to choose her own counsel, she has the right for her counsel to be paid by a third party, and she has the right to reject an immunity deal in exchange for testimony. If the State does not/can not provide satisfactory proof of a conflict to the Court and KM is aware of and ok with the arrangement, there's not much the Judge can or frankly should do about it.

 

[cvaldez1975]

please. CA wanted to put a hit on the "extortionist.".

IMO

 

[cvaldez1975]

I think they have proven she did not work there.

I have a question about the money trail.

From what I have read on the affidavit, it just says that the police traced a series of small checks from Donna Adelson to KM. However those checks were relatively small amounts like $400 at a time, nowhere near the 60k she ended up having in her bank account. Also she worked at the dental office so the defense attorney can just claim those $400 checks are for salary.

The real blood money to KMs account comes from cash deposits, not checks. But those cash deposits, as far as I know, have NOT been linked to the Adelson's in any way so far.

That's a big problem. IMHO the police can't move against the Adelsons, even with KMs cooperation until they nail down those cash withdrawals as coming directly from an Adelson controlled bank account. So far, the affidavits I have read haven't shown that.

 

[GordonX]

please. CA wanted to put a hit on the "extortionist.".

IMO

IMO -

Remember that was well before their awareness of LE surveillance, well before the arrest of KM and SG, and well before the confession of LR. He may be dumb and reckless but he's not that dumb and reckless. I imagine the alleged masterminds are living a life of daily paranoia right now thinking every word and move is being listened to, watched, and recorded by LE.

 

[GordonX]

The Dan Markel Case: Katherine Magbanua Turns Down A Deal
Who's paying Katie Magbanua's legal fees will remain a mystery, and her trial date has been set.
By DAVID LAT
at 5:43 PM
July 24, 2017

http://abovethelaw.com/2017/07/the-dan-markel-case-katherine-magbanua-turns-down-a-deal/

 

[BSBC]

The Dan Markel Case: Katherine Magbanua Turns Down A Deal
Who's paying Katie Magbanua's legal fees will remain a mystery, and her trial date has been set.
By DAVID LAT
at 5:43 PM
July 24, 2017

http://abovethelaw.com/2017/07/the-dan-markel-case-katherine-magbanua-turns-down-a-deal/

Lat writes:

Other observers, as well as the prosecution, do wonder why Katie Magbanua refuses to cooperate with the government.
One possibility: with her legal fees being covered by a mysterious third party — and also by her relatives, who have gone into financial hardship as a result, according to her lawyers — perhaps Magbanua feels she might as well “roll the dice” at trial. If she’s acquitted, then she’ll walk away a free woman. If she’s convicted, then she can still try and cut a deal, in the hope of getting a break at sentencing.

So, per Lat, having refused the immunity deal, KM faces two potential outcomes: 1) acquittal; and 2) conviction, then try to cut a deal. That's right -- and it shows how incomprehensible it is for her not to take the immunity deal. Immunity is a much, much better outcome than either 1 or 2. Acquittal is far from certain; I'd actually estimate the odds at 20%. And the risk of conviction and then not being able to "cut a deal" is high -- or, at least, it would result in many years in prison. But with immunity, she would have a 100% chance of walking out of jail a free woman. It makes no sense at all to me that she would refuse such an amazing deal. Truly baffling.

 

[SeesSeas]

Lat writes:



So, per Lat, having refused the immunity deal, KM faces two potential outcomes: 1) acquittal; and 2) conviction, then try to cut a deal. That's right -- and it shows how incomprehensible it is for her not to take the immunity deal. Immunity is a much, much better outcome than either 1 or 2. Acquittal is far from certain; I'd actually estimate the odds at 20%. And the risk of conviction and then not being able to "cut a deal" is high -- or, at least, it would result in many years in prison. But with immunity, she would have a 100% chance of walking out of jail a free woman. It makes no sense at all to me that she would refuse such an amazing deal. Truly baffling.

By refusing immunity now, KM is certainly taking a risk, but taking immunity now or at post-trial sentencing could have the same outcome.

If KM is convicted and then cuts a deal at sentencing, it could be that she negotiates Time Served and is then released. Without KM’s cooperation, it is unlikely that the masterminds will EVER be arrested. To get the A’s in jail, I think GC would be willing to give KM freedom post-conviction if KM fully cooperates with providing all incriminating evidence she has on the A’s.

GC wants the A’s incarcerated more that she wants KM incarcerated.

Options if convicted:
Life in Prison - KM remains silent and gets a long prison sentence, probably life. Masterminds stay free, probably forever.
Freedom - KM agrees to divulge all information and evidence about the masterminds, but only if she is sentenced to Time Served and released.

 

[BSBC]

By refusing immunity now, KM is certainly taking a risk, but taking immunity now or at post-trial sentencing could have the same outcome.

If KM is convicted and then cuts a deal at sentencing, it could be that she negotiates Time Served and is then released. Without KM’s cooperation, it is unlikely that the masterminds will EVER be arrested. To get the A’s in jail, I think GC would be willing to give KM freedom post-conviction if KM fully cooperates with providing all incriminating evidence she has on the A’s.

GC wants the A’s incarcerated more that she wants KM incarcerated.

Options if convicted:
Life in Prison - KM remains silent and gets a long prison sentence, probably life. Masterminds stay free, probably forever.
Freedom - KM agrees to divulge all information and evidence about the masterminds, but only if she is sentenced to Time Served and released.

I agree with all this. But it still remains the case that immunity is the best outcome for KM, by far. With immunity, she has zerorisk of a long prison term. That's way better than all the other potential outcomes. Why in the world wouldn't she take that? I truly don't get it.

 

[SeesSeas]

I agree with all this. But it still remains the case that immunity is the best outcome for KM, by far. With immunity, she has zerorisk of a long prison term. That's way better than all the other potential outcomes. Why in the world wouldn't she take that? I truly don't get it.

KM is offered immunity now but she refuses in an attempt to save the A&#8217;s.

KM goes to trial January 2018 (or later because of delays?).

If acquitted, KM goes free and the A&#8217;s stay free.
If convicted, KM is offered immunity at sentencing. KM goes free and the A&#8217;s are arrested.
Either way, KM goes free.

So, her &#8216;risk&#8217; is low and she&#8217;s willing to sit in jail another 6 months for the chance of keeping the A&#8217;s free.

This is why she isn&#8217;t taking the immunity deal now.
IMO