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

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SeesSeas said:
Motions to exclude testimony of DR DE LA CRUZ Ed D.
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dotr said:
It would make sense if it was this person with slightly different name, imo, speculation.
Dr. Jesse De La Cruz | Court Qualified Gang Expert
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Yep. . . defense gang expert makes sense.
I reviewed the motion in the court documents, and there is reference to Jesus De La Cruz and Jesse De La Cruz in the same motion (see below).
Interesting guy!
Bongo said:
Is the motion to exclude made by the prosecution, then? This dude would be a defense witness?
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Motion to exclude is by prosecution.
I just noticed that court documents are now available online. No need to request and pay $.
https://cvweb.clerk.leon.fl.us/public/online_services/search_courts/search_by_name.asp
Here is the link to the 171 page motion, and a snip of two of the pages stating the name.
https://cvweb.clerk.leon.fl.us/public/online_services/search_courts/image_orders.asp? caseid=2785598&jiscaseid=1129969&defseq=&chargeseq=&dktid=42141618&dktsource=JIS&sexual_case=
upload_2019-9-17_8-44-59.png
upload_2019-9-17_9-2-59.png
 
I read the transcript of the gang "expert"'s deposition. What a complete joke. The guy basically says that, based on his (the expert's!) extensive experience as a criminal, and Rivera's gang background, he thinks it's more likely that LR rather than SG pulled the trigger. He interviewed SG, but never asked him about the circumstances of the murder; nor did he take into account SG's relationship to the As and the $$ flow from them to KM to SG and LR. Hard to believe that this kind of nonsense meets the standards for admission of expert opinion.
 
nbarrister said:
Magbanua now asking for separate trial in Markel murder
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Welcome to WS nbarrister, thanks for the intriguing update!
from link..
"Magbanua's attorneys just filed a motion asking for a separate trial at a later date.

Her attorneys contend there is evidence that is admissible in Magbanua's case, that is not admissible against Garcia and is "overly prejudicial to him." According to the motion, that includes Garcia's previous criminal history and statements he made to fellow jail inmates that "tend to implicate Ms. Magbanua."

Garcia is facing the death penalty in this case. Magbanua is not.

Magbanua's attorneys argue in the motion that "subjecting her to trial with a death-qualified jury" would violate her due process rights.

They claim it would unfairly exclude African-Americans from the jury. "Research has consistently shown that African-Americans are more likely to oppose the death penalty than white persons," Magbanua's attorneys argued in the motion, citing a series of studies.

The judge could rule on the request at a hearing on Friday."
 
nbarrister said:
Magbanua now asking for separate trial in Markel murder
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Also from link:
Magbanua now asking for separate trial in Markel murder
The motion to sever is one of a bevy of last minute motions filed in the case this week.

Defense attorneys are renewing efforts to keep Dan Markel's ex-wife Wendi Adelson off the witness stand. They argue that Adelson intends to answer questions from the state, but plead the fifth and refuse to answer defense questions during cross-examination.

They are also trying to keep any documents filed by Dan Markel during the couple's divorce and custody proceedings out of court, calling them "hearsay" and "inadmissible."

Magbanua's attorneys are also trying to stop prosecutors from mentioning a series of recordings and wire taps in front of the jury.

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
9/19/2019 MOTO View MOTION TO: MOTION TO EXCLUDE WITNESSES AND MOTION TO EXCLUDE WENDI ADELSON AS A WITNESS AND OR COMPEL WENDI ADELSONS ANSWERS TO DEPOSITION QUESTIONS
9/19/2019 MOTO View MOTION TO: Motion to Sever
upload_2019-9-20_0-11-10.png
 
I am a bit behind on this case, so pardon me - but I still can’t wrap my head around why Donna hasn’t been arrested. From everything I’ve read - she seemed to be in deep and very involved with plan to have Dan murdered. Do they just not have enough evidence against her? Could she be arrested at a later time?

ETA - Charlie too! It’s mind boggling why neither of them have been arrested.
 
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nbarrister said:
Magbanua now asking for separate trial in Markel murder
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Why am I not surprised? Every time they're able to throw some curve ball. This time, it seemed like every hurdle had been cleared right up until the time of the trial (jury selection begins on Monday), but lo and behold the defense just so happens to discover that a joint trial will be prejudicial.

Wasn't one of the previous delays a result of joining the trials? If I was the judge, I'd be pretty furious at this latest ploy and just tell the defense to take it up with the court of appeals.
 
Gypsy Road said:
I am a bit behind on this case, so pardon me - but I still can’t wrap my head around why Donna hasn’t been arrested. From everything I’ve read - she seemed to be in deep and very involved with plan to have Dan murdered. Do they just not have enough evidence against her? Could she be arrested at a later time?

ETA - Charlie too! It’s mind boggling why neither of them have been arrested.
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I would guess they are just waiting until the actual trigger-pullers are convicted. Their time is coming.
 
TTF14 said:
I would guess they are just waiting until the actual trigger-pullers are convicted. Their time is coming.
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I don't think prosecution is confident there's enough solid evidence to convict CA & DA yet. They were hoping to get KM's cooperation for an immunity deal, but she repeatedly declined. So, they'll wait until CA & DA are incriminated at SG & KM's trials.

I suspect KM is regretting not taking a plea deal. I think she wants to wait to see what comes out during SG's trial before she goes to trial or takes a plea. Maybe she's especially nervous about what Wendi will say. JMO
 
dotr said:
Welcome to WS nbarrister, thanks for the intriguing update!
from link..
"Magbanua's attorneys just filed a motion asking for a separate trial at a later date.

Her attorneys contend there is evidence that is admissible in Magbanua's case, that is not admissible against Garcia and is "overly prejudicial to him." According to the motion, that includes Garcia's previous criminal history and statements he made to fellow jail inmates that "tend to implicate Ms. Magbanua."

Garcia is facing the death penalty in this case. Magbanua is not.

Magbanua's attorneys argue in the motion that "subjecting her to trial with a death-qualified jury" would violate her due process rights.

They claim it would unfairly exclude African-Americans from the jury. "Research has consistently shown that African-Americans are more likely to oppose the death penalty than white persons," Magbanua's attorneys argued in the motion, citing a series of studies.

The judge could rule on the request at a hearing on Friday."
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The machinations are fascinating.

It sounds like the prosecution has taken full advantage of the trial delays, tempting Garcia into talking to other 'inmates' wearing wires. The longer the trial is delayed, the more the stress wears down the defendents and the more time it gives prosecutors to build their case. I think trial delays are a double edged-sword for the defense. It seems like they're running scared.
 
I hope the jail keeps a close eye on SG and KM. I don't want them ending up like Jeffrey Epstein before they have a chance to sing.

Alleged masterminds have a lot of money. If you had a co-conspirator that could put you and your mom away for life or maybe even get you the death penalty by singing what are you capable of? How much is your freedom and life worth? Nothing to lose.
 
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GordonX said:
I hope the jail keeps a close eye on SG and KM. I don't want them ending up like Jeffrey Epstein before they have a chance to sing.

Alleged masterminds have a lot of money. If you had a co-conspirator that could put you and your mom away for life or maybe even get you the death penalty by singing what are you capable of? How much is your freedom and life worth? Nothing to lose.
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I saw the 48 hours on this case wow it is still going through the courts, I found it cause I am researching Epstein and the search box sent me here. Yes, I recall this case so sad, that man was a good person. What is wrong with people they think murder is actually a better way to deal with their problems. Anyway, that prompted me to go to youtube. OMG, I wonder if this defendant turned states evidence knew his interview would be on youtube for the world to see? How long will he last? He got 12 plus 7 I think if he is the person I read about who cut a deal. I would think there is a pipeline of gossip from what is said and done on the outside that makes it all the way to prison. If so That guy should be very worried. Makes me wonder if this whole new put these cases on public display is a good idea, maybe other witnesses will clam up as a result?
 
dizzychick said:
I saw the 48 hours on this case wow it is still going through the courts, I found it cause I am researching Epstein and the search box sent me here. Yes, I recall this case so sad, that man was a good person. What is wrong with people they think murder is actually a better way to deal with their problems. Anyway, that prompted me to go to youtube. OMG, I wonder if this defendant turned states evidence knew his interview would be on youtube for the world to see? How long will he last? He got 12 plus 7 I think if he is the person I read about who cut a deal. I would think there is a pipeline of gossip from what is said and done on the outside that makes it all the way to prison. If so That guy should be very worried. Makes me wonder if this whole new put these cases on public display is a good idea, maybe other witnesses will clam up as a result?
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That's why they have the Witness Protection Program: plastic surgery and a new identity somewhere far away, like Hawaii.

ETA: I expect the alleged masterminds are being closely monitored. If they tried something, it would give the prosecution more proof of their guilt.
 
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