GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #11

[bbkitty]

I found a link to a PDF version of the trial transcript that I've found very useful since you can search terms and names. It may prove useful to those of you following the upcoming trial.

Also, is there a particularly good timeline for the events surrounding the murder that someone could point me to? I'm particularly interested in a good timeline that indexes all of the cell phone activity. THANKS

Page 7 and 8 of this document shows the cell phone activity: https://s3.documentcloud.org/documents/3118007/Document-See-how-police-are-making-the-case-for.pdf

 

[Niner]

Friday, May 13th:
*Final Pretrial Hearing (@ 2pm ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Katherine Magbanua (32/now 37) (Garcia's wife) arrested (Oct. 2016) & charged with 1st degree murder & 1 count conspiracy & 1 count solicitation of murder were brought together into one case on Tuesday (3/20/18). Plead not guilty. Held without bond.
Murder for Hire hit man. They split a $100K payoff for murder KM has rejected several offers of immunity for her testimony.
First trial started on 9/23/19. Jury: 10 women & 2 men & 1 alternate (woman); was 2 alternates one (man) got sick & excused on 10/3/19. Jury Deliberations on 10/10/19: 4.5 hours. 10/11: 6.5 hours for guilty verdict on Garcia. Mistrial declared for Magbanua. (10-2 for guilty). Total 11 hours. Will remain in jail as a charged co-conspirator, and the State will try her case again.
Re-Trial set to begin on 5/16/22 with jury selection. Trial expected to start 5/18/22. (should last 3 weeks).
Court info & trial from 9/23/19 thru 4/26/22 reference post #166 here:
https://www.websleuths.com/forums/t...ahassee-18-july-2014-arrests-11.620240/page-9
4/29/22 Update: Case comments from Court event states amended Motion in Limine (1/21/22). Defense Motion in Limine (1/21/22). Defense request for judicial notice (/1/13/22). 1-5 Granted/6-7 Denied/8-14 granted/15-Denied/16-Granted. Defense request for judicial notice (4/13/22)-denied. Defense Ore Tenus Motion for list of attendees at Rivera meeting-granted. Next motions hearing on 5/3/22.
see post #160 for more info on rulings:
https://www.websleuths.com/forums/t...y-2014-arrests-11.620240/page-8#post-17563620 [I][/I]
5/3/22 Update: Motions heard. State: Limit wiretap of 35 calls between CA to DA admissibility-not hearsay per State. Defense says this is hearsay. Judge rules calls are admissible. Defense complains about discovery deadlines that are not being met. State has interviewed specifically 3 witnesses after discovery deadlines. Next final pretrial hearing on 5/13/22. 5/5/22: Order denying State's motion to use demonstrative aid (Deny the use of a closed caption transcript while the Dolce Vita video plays).
Accomplices:
*Charles Jay Adelson (45) – First appearance & bond hearing on 4/26/22. 4/26/22: Bond denied. No further dates yet.
*Sigfredo Garcia (34) – 10/10/19: found guilty of 1st degree murder. Guilty of conspiracy. Not guilty of solicitation. Sentenced to LWOP for murder plus 30 years for conspiracy charge. 11/4/19: Motion to Withdraw as Counsel: Mauricio Padilla; Motion to Withdraw as Counsel: Saam Zangeneh.
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2016) & plead guilty to 2nd degree murder. Will testify against Garcia & Magbanua. Will receive 19-year sentence to run concurrently with his 12 year Federal time, which he is already serving.
POIs: Wendi Adelson (ex-wife of Markel), her mom Donna Sue Adelson (68) & father Harvey Adelson. Investigators have not charged anyone in the Adelson family in connection with Markel’s death, but say Adelson’s mother & brother – Donna and Charlie Adelson – paid $100K to have Markel killed following the couple’s contentious divorce so their two young sons could move to South Florida.

 

[clearskies1]

Friday, May 13th:
*Final Pretrial Hearing (@ 2pm ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Katherine Magbanua (32/now 37) (Garcia's wife) arrested (Oct. 2016) & charged with 1st degree murder & 1 count conspiracy & 1 count solicitation of murder were brought together into one case on Tuesday (3/20/18). Plead not guilty. Held without bond.
Murder for Hire hit man. They split a $100K payoff for murder KM has rejected several offers of immunity for her testimony.
First trial started on 9/23/19. Jury: 10 women & 2 men & 1 alternate (woman); was 2 alternates one (man) got sick & excused on 10/3/19. Jury Deliberations on 10/10/19: 4.5 hours. 10/11: 6.5 hours for guilty verdict on Garcia. Mistrial declared for Magbanua. (10-2 for guilty). Total 11 hours. Will remain in jail as a charged co-conspirator, and the State will try her case again.
Re-Trial set to begin on 5/16/22 with jury selection. Trial expected to start 5/18/22. (should last 3 weeks).
Court info & trial from 9/23/19 thru 4/26/22 reference post #166 here:
https://www.websleuths.com/forums/t...ahassee-18-july-2014-arrests-11.620240/page-9
4/29/22 Update: Case comments from Court event states amended Motion in Limine (1/21/22). Defense Motion in Limine (1/21/22). Defense request for judicial notice (/1/13/22). 1-5 Granted/6-7 Denied/8-14 granted/15-Denied/16-Granted. Defense request for judicial notice (4/13/22)-denied. Defense Ore Tenus Motion for list of attendees at Rivera meeting-granted. Next motions hearing on 5/3/22.
see post #160 for more info on rulings:
https://www.websleuths.com/forums/t...y-2014-arrests-11.620240/page-8#post-17563620
5/3/22 Update: Motions heard. State: Limit wiretap of 35 calls between CA to DA admissibility-not hearsay per State. Defense says this is hearsay. Judge rules calls are admissible. Defense complains about discovery deadlines that are not being met. State has interviewed specifically 3 witnesses after discovery deadlines. Next final pretrial hearing on 5/13/22. 5/5/22: Order denying State's motion to use demonstrative aid (Deny the use of a closed caption transcript while the Dolce Vita video plays).
Accomplices:
*Charles Jay Adelson (45) – First appearance & bond hearing on 4/26/22. 4/26/22: Bond denied. No further dates yet.
*Sigfredo Garcia (34) – 10/10/19: found guilty of 1st degree murder. Guilty of conspiracy. Not guilty of solicitation. Sentenced to LWOP for murder plus 30 years for conspiracy charge. 11/4/19: Motion to Withdraw as Counsel: Mauricio Padilla; Motion to Withdraw as Counsel: Saam Zangeneh.
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2016) & plead guilty to 2nd degree murder. Will testify against Garcia & Magbanua. Will receive 19-year sentence to run concurrently with his 12 year Federal time, which he is already serving.
POIs: Wendi Adelson (ex-wife of Markel), her mom Donna Sue Adelson (68) & father Harvey Adelson. Investigators have not charged anyone in the Adelson family in connection with Markel’s death, but say Adelson’s mother & brother – Donna and Charlie Adelson – paid $100K to have Markel killed following the couple’s contentious divorce so their two young sons could move to South Florida.

@Niner - you rock! Thank you for these posts.

 

[Niner]

@Niner - you rock! Thank you for these posts.

You are quite welcome!

 

[Gardenista]

 

[SeesSeas]

Leon County Clerk of Courts Civil Case Search

STATE OF FLORIDA vs MAGBANUA, KATHERINE D
5/13/2022 610 ANDD View ‹‹-Req $ ANSWER TO DEMAND FOR DISCOVERY AMENDED ANSWER TO DEMAND FOR DISCOVERY JIS
5/13/2022 611 MOTO View ‹‹-Req $ MOTION TO SEALED EX-PARTE MOTION JIS
5/13/2022 612 ORDR View ‹‹-Req $ ORDER SEALED EX-PARTE ORDER JIS
5/13/2022 613 ANDD View ‹‹-Req $ ANSWER TO DEMAND FOR DISCOVERY AMENDED ANSWER TO DEMAND FOR DISCOVERY JIS
5/13/2022 614 ORTP View ‹‹-Req $ ORDER TO TRANSPORT ORDER TO TRANSPORT JIS
5/13/2022 615 CCCE CASE COMMENTS FROM COURT EVENT HEARING HELD - PROCEDURES REVIEWED FOR JURY SELECTION AND TRIAL JIS
5/13/2022 616 CTCM View ‹‹-Req $ COURT MINUTES JIS

Leon County Clerk of Courts Civil Case Search

STATE OF FLORIDA vs ADELSON, CHARLES
5/9/2022 27 MWAC View ‹‹-Req $ MOTION TO WITHDRAW AS COUNSEL MOTION TO WITHDRAW AS COUNSEL JIS
5/13/2022 28 ODWC View ‹‹-Req $ ORDER GRANTING WITHDRAWAL COUNSEL ORDER GRANTING WITHDRAWAL COUNSEL JIS

 

[Blue Shakehead]

Thanks so much for posting Gardenista. For those that didn't watch the hearing today, it was mostly housekeeping issues, with two exceptions:

1. Judge Wheeler ruled that a demonstrative aid/transcript will not be able to be used by the prosecution for the wiretap evidence - which is consistent with his previous ruling on demonstrative aids/transcripts for the Dolce video; and

2. The defense indicated that Sigfredo Garcia will be testifying on behalf of the Defense. I suspect he will be trying to fall on his sword by saying that he planned the murder directly with Charlie Adelson and that Katie was not involved. In any case, It'll be very interesting to hear what story/lies the defense has concocted and how the State plans to deal with that type of circus on the stand.

 

[Marysmith]

Thanks so much for posting Gardenista. For those that didn't watch the hearing today, it was mostly housekeeping issues, with two exceptions:

1. Judge Wheeler ruled that a demonstrative aid/transcript will not be able to be used by the prosecution for the wiretap evidence - which is consistent with his previous ruling on demonstrative aids/transcripts for the Dolce video; and

2. The defense indicated that Sigfredo Garcia will be testifying on behalf of the Defense. I suspect he will be trying to fall on his sword by saying that he planned the murder directly with Charlie Adelson and that Katie was not involved. In any case, It'll be very interesting to hear what story/lies the defense has concocted and how the State plans to deal with that type of circus on the stand.

That is interesting. Hmmm… Thank you for the synopsis!

 

[vislaw]

... The defense indicated that Sigfredo Garcia will be testifying on behalf of the Defense. I suspect he will be trying to fall on his sword by saying that he planned the murder directly with Charlie Adelson and that Katie was not involved. In any case, It'll be very interesting to hear what story/lies the defense has concocted and how the State plans to deal with that type of circus on the stand.

This is going to be very interesting. I have a hard time imagining him blatantly claiming he planned the murder with Charlie at this trial. He could have tried to sell that story to both exculpate Katie and gain a lighter sentence for himself. Makes you wonder whether Charlie and his team have any idea what he's going to say. .... He made clear in the letter he wrote to Katie after his conviction that he is hopelessly in love with her. This could have huge implications for all the Adelsons, depending on what he says. ....

 

[KidonGadol]

This is going to be very interesting. I have a hard time imagining him blatantly claiming he planned the murder with Charlie at this trial. He could have tried to sell that story to both exculpate Katie and gain a lighter sentence for himself. Makes you wonder whether Charlie and his team have any idea what he's going to say. .... He made clear in the letter he wrote to Katie after his conviction that he is hopelessly in love with her. This could have huge implications for all the Adelsons, depending on what he says. ....

The defense should have no right to do this. SG used his constitutional right to silence to help save his life in the first trial .

Now he wants to un-silence himself to pervert the course of justice. IF he wants to do this everything he says should be treated as " New and compelling evidence " and the normal double jeopardy rules should be voided so it is quite clear he can be re - sentenced.

Kawass must have told him he runs no risk of that.


Double jeopardy now does exist on UK law (specifically added to cover recovered historical DNA evidence). I'm completely ignorant of what happens in FL on this.

 

[KidonGadol]

Leon County Clerk of Courts Civil Case Search

STATE OF FLORIDA vs MAGBANUA, KATHERINE D
5/13/2022 610 ANDD View ‹‹-Req $ ANSWER TO DEMAND FOR DISCOVERY AMENDED ANSWER TO DEMAND FOR DISCOVERY JIS
5/13/2022 611 MOTO View ‹‹-Req $ MOTION TO SEALED EX-PARTE MOTION JIS
5/13/2022 612 ORDR View ‹‹-Req $ ORDER SEALED EX-PARTE ORDER JIS
5/13/2022 613 ANDD View ‹‹-Req $ ANSWER TO DEMAND FOR DISCOVERY AMENDED ANSWER TO DEMAND FOR DISCOVERY JIS
5/13/2022 614 ORTP View ‹‹-Req $ ORDER TO TRANSPORT ORDER TO TRANSPORT JIS
5/13/2022 615 CCCE CASE COMMENTS FROM COURT EVENT HEARING HELD - PROCEDURES REVIEWED FOR JURY SELECTION AND TRIAL JIS
5/13/2022 616 CTCM View ‹‹-Req $ COURT MINUTES JIS

Leon County Clerk of Courts Civil Case Search

STATE OF FLORIDA vs ADELSON, CHARLES
5/9/2022 27 MWAC View ‹‹-Req $ MOTION TO WITHDRAW AS COUNSEL MOTION TO WITHDRAW AS COUNSEL JIS
5/13/2022 28 ODWC View ‹‹-Req $ ORDER GRANTING WITHDRAWAL COUNSEL ORDER GRANTING WITHDRAWAL COUNSEL JIS

Seeseas - you are in FL I believe. Has a copy of the Warrant and Probable cause for K Magbanua for this second trial been tabled yet in a publicly available way ? I'm curious to see what changes there are. Perhaps you know - perhaps this is a sequestered document until the end of the trial ?

 

[clearskies1]

Seeseas - you are in FL I believe. Has a copy of the Warrant and Probable cause for K Magbanua for this second trial been tabled yet in a publicly available way ? I'm curious to see what changes there are. Perhaps you know - perhaps this is a sequestered document until the end of the trial ?

I'm not sure why they would need a new warrant after the mistrial/hung jury. Seems like the original warrant is still effective. JMO.

 

[Niner]

@SeesSeas - since I can't access the Leon County court site - what time does the jury selection start on Monday, 5/16?

TIA!

 

[GordonX]

Murder Trial to Begin for Slain FSU Law Professor: 'Charlie's Lawyers Are Going to Use That'

“The key to successfully defending a high-profile case is focus, focus and more focus,” attorney Brian Bieber said. “Inside the courtroom, the overriding factor is to establish your credibility so that the jurors see that you are believable."

May 13, 2022 at 03:52 PM

In 2014, a murder occurred that shocked the legal community.

The retrial of a woman whom prosecutors accused of facilitating the murder of a Florida State University College of Law professor will kickoff Monday in the Leon Circuit Court—and it could be bad news for her former lover.

Murder Trial to Begin for Slain FSU Law Professor: 'Charlie's Lawyers Are Going to Use That' | Daily Business Review

“The key to successfully defending a high-profile case is focus, focus and more focus,” attorney Brian Bieber said. “Inside the courtroom, the overriding factor is to establish your credibility so that the jurors see that you are believable.

www.law.com

 

[SeesSeas]

@SeesSeas - since I can't access the Leon County court site - what time does the jury selection start on Monday, 5/16?

TIA!

Leon County Clerk of Courts Civil Case Search

STATE OF FLORIDA vs MAGBANUA, KATHERINE D
JURY TRIAL 5/16/2022 8:30 AM

Pretrial hearing held before jury selection in Magbanua's second trial

Just days before jury selection, attorneys, the judge and Katherine Magbanua herself met in a Leon County courtroom for last minute housekeeping.

www.wtxl.com

May 13, 2022
TALLAHASSEE, Fla. (WTXL) — Just days before jury selection, attorneys, the judge and Katherine Magbanua herself met in a Leon County courtroom for last minute housekeeping Friday.
[...]
Once the jury is sat, a key difference compared to the last trial; no questions from the jury.
Meaning if a juror is unclear of a point brought up by a witness, they won't get it answered this go around.
[...]

 

[Niner]

snipped...
Once the jury is sat, a key difference compared to the last trial; no questions from the jury.
Meaning if a juror is unclear of a point brought up by a witness, they won't get it answered this go around.

Well that stinks. I like it when jurors ask questions.

And thanks for the time!

 

[vislaw]

Well that stinks. I like it when jurors ask questions.

And thanks for the time!

When I used to try cases we hated it when the jury was allowed to ask questions for our own cases, but we loved it when watching somebody else try a case because you can learn a great deal about how a jury is receiving testimony by the questions they pose. However, most trial lawyers are ultra-control freaks and will design their direct examination for a given witness very precisely in order to elicit specific information. If your witness survives your opponent's cross-examination reasonably intact, the last thing you want is a stray question from a juror that upends your preparation or raises new questions after you've finished your questions.

In Katie's last trial I felt some of the juror questions were very good. I'm disappointed we won't have that to look forward to this time.

For what it's worth, here are some things on my mind as we wait for the trial to start:

1) If Garcia truly takes the stand I will turn off my phone, close the shades and lock myself in front of the computer. His testimony and cross-examination will have huge implications for Charlie's case.

2) I'm going to be very disappointed if the State does not do a much better job dealing with Katie's finances and her supposed "work" for the Adelsons. I thought Ms. Cappleman's cross on both counts could have been much stronger. I wonder whether she truly believed KM would not take the stand. Certainly, most pundits and experienced trial watchers were shocked when she did testify. Perhaps Georgia's preparation wasn't as thorough as it could have been if she thought there was no chance the defendant would testify. I would bet money she doesn't get a second chance this time. Hopefully, she has done her homework on these points.

3) Of course, I'm biased because we do so much forensic visualization ourselves, but I hope the prosecution does a much better job with their demonstrative exhibits this time. Fundamentally, a trial lawyer has to tell a story -- one the jury becomes invested in, believes and feels an emotional connection to. Ms. Cappleman is a very smart attorney, but she (like most trial lawyers) does not have the gifts wielded by Clarence Darrow, Gerry Spence, Johnny Cochran, or Beth Wilkinson. Having several key visuals to anchor the presentation would really help.

4) The new Dolce Vita recording will be huge if it is presented properly. The judge isn't allowing the use of a transcript, so it will be important to present portions of the recording cogently and carefully so the jury doesn't tune out or become overwhelmed with trying to discern what is being said.

 

[Gypsy Road]

Hi Everyone! It’s been a very long time since I’ve been here, but I’m slowly catching up in anticipation for KM’s trial. Does anyone know if it will be televised or streamed? I am a Florida resident and literally let out a scream when I learned Charlie Adelson was arrested last month. I’ve wanted justice for the Markel family for so long. Its been a long time coming and I hope and pray justice is served. I was glued to the first trials and want to watch this one as well, if streamed. Thank you all for the updates. I very much appreciate reading your posts!

 

[clearskies1]

Hi Everyone! It’s been a very long time since I’ve been here, but I’m slowly catching up in anticipation for KM’s trial. Does anyone know if it will be televised or streamed? I am a Florida resident and literally let out a scream when I learned Charlie Adelson was arrested last month. I’ve wanted justice for the Markel family for so long. Its been a long time coming and I hope and pray justice is served. I was glued to the first trials and want to watch this one as well, if streamed. Thank you all for the updates. I very much appreciate reading your posts!

The Tallahassee Democrat is going to live stream the trial. Katherine Magbanua trial in Dan Markel murder a go for next week I think The Law and Crime Network (youtube) will also stream it.

 

[KidonGadol]

This is going to be very interesting. I have a hard time imagining him blatantly claiming he planned the murder with Charlie at this trial. He could have tried to sell that story to both exculpate Katie and gain a lighter sentence for himself. Makes you wonder whether Charlie and his team have any idea what he's going to say. .... He made clear in the letter he wrote to Katie after his conviction that he is hopelessly in love with her. This could have huge implications for all the Adelsons, depending on what he says. ....

The combination of SG and T Kawass has the potential to devastate the credibility of Rivera.
Firstly the timeline on the 17th July alleged by Rivera is not consistent. The morning stake out version as alleged by Rivera does not align consistently with the cell phone tower events (events as in call out, call in, missed call, texts) for the area of Markel's residence. Interestingly in the trial the forensic examiner never gave much information on where those calls went in terms of number contacted. However the Warrant and Probable cause document is jam packed with who made calls to whom on the 18th.

If SG starts denying the detail of conversations that Rivera says he heard and offers alternatives ("I was bored sitting there and just wanted to hear Katie's voice") then which one is the jury to choose especially if there are some discrepancies in the time line ?
Where does Wendi's alleged outside Markel's residence call fit into this ? Was it Mid afternoon ? Nobody has established that.

"
You woke up
on Thursday, July 17th. what happened that day?

A (Rivera speaking) woke up, took a ride towards Markel's house that
Thursday morning, and went around the house. As soon as we
went around the house, we came back around, and we seen a lady
walking through.
"
2. The "I know " response allegedly from KM (as per Rivera's testimony) on the highway back to Miami on the 18th of July is more or less hearsay . SG can't deny a conversation (that there was a cell phone connection from his handset) but he can provide a different narrative.