Found Deceased FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 - #6 *arrests*

Discussion in 'Trials' started by KayElJay, Jan 17, 2017.

  1. Indy Anna

    Indy Anna Unknown Member

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    But, if information given by KM or anyone else involved in the case discredits WA, I believe prosecutors can withdraw the offer of immunity. I've seen it done in other cases. As part of the agreement, WA must tell the truth.
     
  2. Indy Anna

    Indy Anna Unknown Member

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    This is why I think offering WA immunity is a ploy by prosecutors to get KM to talk. If KM eventually spills the beans, I think WA will be implicated and proven to have played a greater role in the plot.
     
  3. TTF14

    TTF14 Spaceship Headlight Pattern Expert

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    Totally agree, although I think her mother was the originator of this plan. All in all, if anyone HAS to get immunity I would rather it be WA because of the boys. She will receive her punishment when the boys grow into adulthood and realize what she did to their father and want nothing to do with her.
     
  4. BSBC

    BSBC Active Member

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    I don't believe it's correct that WA is "being offered immunity." The quotes from KM's attorney make clear that he's referring to the immunity WA would automatically get under Florida law for the testimony she gives at trial pursuant to a subpoena. That's not the prosecution offering her immunity; there's a Florida statute that confers such immunity to anyone who testifies pursuant to subpoena. And this type of immunity just means that her testimony at trial can't later be used against her (except in a perjury case); she could still be prosecuted using other evidence. Here's the whole statute:

    914.04 Witnesses; person not excused from testifying or producing evidence in certain prosecutions on ground testimony might incriminate him or her; use of testimony given or evidence produced.—No person who has been duly served with a subpoena or subpoena duces tecum shall be excused from attending and testifying or producing any book, paper, or other document before any court having felony trial jurisdiction, grand jury, or state attorney upon investigation, proceeding, or trial for a violation of any of the criminal statutes of this state upon the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to convict him or her of a crime or to subject him or her to a penalty or forfeiture, but no testimony so given or evidence so produced shall be received against the person upon any criminal investigation or proceeding. Such testimony or evidence, however, may be received against the person upon any criminal investigation or proceeding for perjury committed while giving such testimony or producing such evidence or for any perjury subsequently committed.​
     
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  5. clearskies1

    clearskies1 Well-Known Member

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    Very interesting. This is a way to put pressure on someone to testify truthfully about other people --family members, for example. The person can't invoke their 5th amendment right and risks a perjury charge for false testimony.
     
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  6. kay74

    kay74 Well-Known Member

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    This is endless. A long time ago they found out from Garcia's partner in crime what happened and yet this goes on and on. Shaking my head. The poor Markels.
     
  7. dotr

    dotr Well-Known Member

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    TaxProf Blog: Judge Rules Wendi Adelson Need Not Give Defense Deposition, Denies Continuance In Dan Markel Murder Trial
    May 10, 2019
    [​IMG]
    "A Leon Circuit judge upheld a protective order asking that Wendi Adelson not be required to give a deposition by the defense team of a suspect in the murder of her ex-husband Dan Markel.

    The attorneys for Katherine Magbanua asked that they be allowed to question Adelson prior to the June trial or that that her testimony be excluded in full at trial. Magbanua’s attorneys contended Adelson cannot flatly invoke her Fifth Amendment right against self-incrimination but could choose to on a question-by-question basis.

    But Judge James C. Hankinson disagreed, granting Adelson the right to defer the defense subpoena.

    Adelson, through her attorney John Lauro, asserted her right after being subpoenaed April 19 for a deposition by the defense team of Magbanua, who is accused of being the go-between Adelson's family and a pair of hit men.

    Lauro last week filed the motion saying Adelson intends to testify only at trial, where a government subpoena would offer her immunity. ...

    Hankinson also denied a motion filed earlier this week by Magbanua's team asking for a continuance."
     
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  8. dotr

    dotr Well-Known Member

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    March 7 2019
    ‘Over My Dead Body’ podcast: Slain Florida law professor’s father, sister say they ‘pray and hope’ for justice
    "Markel admitted there’s not a day that goes by when he doesn’t think about the beloved son he lost or the two grandchildren that seemingly vanished from his life.

    [​IMG]
    (The Markel Family)
    “Dan was a fantastic kid, a great son, a great brother,” said Markel. “He was very energetic. He was an active and inquisitive kid. He was always very, very determined. He set goals for himself… Danny would never greet people with just a handshake or hello. It’s always a big hug…. He was just an outpouring of warmth and love to everybody. And family meant everything to him.”

    “He was so loving to his children, they meant the world to him,” shared Shelly. “They were such an important part of his life and he just dedicated himself to them. He was so proud of them.”
    [​IMG]
    U.S. woman charged in Canadian law professor's killing
     
  9. SeesSeas

    SeesSeas FLORIDIAN

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    https://cvweb.clerk.leon.fl.us/public/online_services/search_courts/search_by_name.asp
    37 2016 CF 003036 A - STATE OF FLORIDA vs MAGBANUA, KATHERINE D

    Docket Date Docket Code Docket Text
    5/8/2019 MOCP ‹‹-Req MOTION TO COMPEL DEFENDANTS RESPONSE TO NON PARTY WENDI J ADELSONS MOTION FOR PROTECTIVE ORDER AND MOTION TO COMPEL AND OR EXCLUDE TESTIMONY OF WENDI J ADELSON
    5/9/2019 ORDE ‹‹-Req ORDER DENYING ORDER DENYING DEFENDANTS MAGBANUA MOTION FOR CONTINUANCE
    5/9/2019 ORDE ‹‹-Req ORDER DENYING ORDER DENYING DEFENDANTS MOTION TO COMPEL AND OR EXCLUDE TESTIMONY OF WENDI J ADELSON
    5/9/2019 ORGR ‹‹-Req ORDER GRANTING ORDER GRANTING NONPARTY WENDI J ADELSONS MOTION FOR PROTECTIVE ORDER
     
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  10. Razz

    Razz Well-Known Member

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    Oh. So it's WA requesting the protective order, not KM. I wonder who she has to fear? :eek:
     
  11. SeesSeas

    SeesSeas FLORIDIAN

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    Judge: Wendi Adelson doesn't have to give defense deposition
    Published 10:39 a.m. ET May 9, 2019 | Updated 3:12 p.m. ET May 9, 2019
    [...]
    Markel’s parents, in a statement provided by their attorney Orin Snyder, said they are opposed to any continuances in the long-awaited trial.

    “We are pleased that the Court denied defense counsel’s requested continuance, and respectfully oppose any further adjournments. The Markel family has endured unfathomable grief and loss. They continue to suffer, some of them in declining health, with each passing day. Of course, no trial or verdict will ever heal the deep wounds caused by Dan’s brutal murder. Maintaining the current trial schedule would begin to provide the closure and justice that Dan’s family, friends, colleagues, and the Tallahassee community deserve.”
    [...]
     
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  12. missunshine

    missunshine New Member

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    IMO - It’s just a strategic ploy.
     
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  13. Razz

    Razz Well-Known Member

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    Yes, of course it is. On WA's part. "Oh, I'll need protection against those 3 ruthless criminals who murdered my latex husband. I'll be executed for sure as I'll be testifying against them should it come to that."

    And does anyone really believe she wouldn't perjure herself and worry about getting caught?! There isn't anyone brave enough to call her on it.
    Or smart enough.
     
  14. Bongo

    Bongo Member

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    LOLZ.
     
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  15. Razz

    Razz Well-Known Member

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    The "latex" was actually WA's description of DM in a podcast. I can't claim any credit.
     
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  16. Bongo

    Bongo Member

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    Yeah, I know. That's why it made me laugh.
     
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  17. kooshx

    kooshx Active Member

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    Is the protective order about fear of a threat by some outside party? It seems like WA's objection is to testifying (or being deposed) without government guaranteed immunity:

    Judge: Wendi Adelson doesn't have to give defense deposition

    “It was completely expected that they would file that motion," Lauro said. "At a fundamental level, they have no legal support for taking that position. The bottom line is only the State of Florida can protect and individuals constitutional rights by issuing a subpoena."


    Odd that WA is so concerned about immunity after making it very clear she has no culpability in all of this.
     
  18. srp

    srp New Member

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    Anyone know if the trial will be broadcast or otherwise available by video? How about transcripts?
     
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  19. clearskies1

    clearskies1 Well-Known Member

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    Deleted...sorry
     
    Last edited: May 13, 2019
  20. smr

    smr Former Member

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    Trial starts 5/21? Does anyone know if there will be video coverage of the trial that will be upload to You Tube?
     
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