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

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vislaw

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Thank you. To be honest, I still don't really understand why the last trial didn't end in conviction. The evidence seemed compelling.
It was 10-2 in favor of conviction, so it was damn close. I can't imagine what those two jurors were thinking. This time the defense can't shout that none of the Adelsons have been arrested, so that hopefully will help.
 

Niner

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Monday, May 16th:
*Trial set to begin with Jury Selection (@ 8:30am 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. 10/11/19: 6.5 hours for a total of 11 hours. Found Garcia guilty verdict. Mistrial declared for Magbanua. (10-2 for guilty). Will remain in jail as a charged co-conspirator & 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 4/29/22 reference post #225 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-12

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).
5/13/22 Update: Answer to demand for discovery amended; motion to sealed ex-parte Motion; Order to transport. Hearing held. Procedures review for jury selection & trial. 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. The defense indicated that Sigfredo Garcia will be testifying on behalf of the Defense. There will be three separate jury selection groups schedule for Monday morning, Monday afternoon & Tuesday morning. 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. Next trial to begin on 5/16/22 with jury selection.
Accomplices:
*Charles Jay Adelson (45) – First appearance & bond hearing on 4/26/22. 4/26/22: Bond denied. No further dates yet as 5/15/22.
*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 any of these people in the Adelson family in connection with Markel’s death, except Charlie; but say Adelson’s mother & brother – Donna & Charlie Adelson – paid $100K to have Markel killed following the couple’s contentious divorce so their two young sons could move to South Florida.
 

KidonGadol

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Re the IPHONE of Luis Rivera - communications relating to the Stake out of of Dan Markel's residence.

My understanding is that LE seized this phone while LR was in Federal prison in either 2014 or 15. This phone was likely stored with Jessica Rodrigues as he would not be allowed in prison.
Does anyone know the history of how this phone was unlocked ?


What I am trying to understand is at what point LE had all the details of Rivera's calls around July 15- 20th of 2014. In particular the court discussion of the phone usage on the 17th during the stake out time is very sparse. I'm trying to work out if authorities maybe had a lot more details and have sat on them.



I have document CASE NO. 1D20-3259 - appeal of KM and that allegedly has all testimony from the main case and I can't find
any references there.
 

Gardenista

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This says it's the Duke trial, but it's Magbanua.

ETA, never mind, they switched to Duke, but the very beginning is Markel.

 
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Niner

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Jada E. Williams
@JadaEWilliams
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50 potential jurors are in the courtroom waiting now. Judge Wheeler should come back into the courtroom soon. They'll cycle through this group and see who works out. Another 50 will come in this afternoon. Again-- there's a very ambitious goal to find the magic 16 today.

Any moment now, potential jurors will start to fill in for Katherine Magbanua’s retrial. Court has an ambitious goal of seating the jury today. #danmarkel @abc27

Judge Wheeler is now reading the indictment to jurors. As always, the jurors will have to avoid any social media, news, or other medium that may have information about the trial.

We're about to enter individual voir dire (fancy word for questioning). That's one juror at a time. They'll ask what they know about the case and their source of information. From there, if they have an opinion and the ability to be impartial.

Testimony is slated to start as early as tomorrow afternoon, no later than Wednesday morning.

link:


Jeffrey Burlew
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The court is conducting individual jury selection, questioning each and every potential juror behind closed doors to avoid contaminating the rest of the prospective pool.

link: https://twitter.com/JeffBurlew/
 

vislaw

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Can someone please list the defence’s witnesses who also testified in trial number one? I am going to read the transcript of their evidence from the first trial to help spot any inconsistencies in this new trial. Thanks, all.
I believe the only witness called by the defense was the defendant herself.
 

Niner

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Since no one tweeted anything else on jury selection, I found this article.

May 16, 2022
The second trial of Katherine Magbanua — the alleged conduit between the hired gunmen who killed Dan Markel and his in-laws who allegedly hired them — began Monday with jury selection.
[.....]
The court set aside two days to select a 12-person jury and four alternates. Because the case has gotten so much publicity, lawyers questioned potential jurors individually and behind closed doors at the Leon County Courthouse.
[.....]
The court planned to question as many as 200 potential jurors over Monday and Tuesday. Depending on how quickly the process goes, opening arguments could begin either Tuesday afternoon on Wednesday morning.
[.....]
Assistant State Attorney Georgia Cappleman read a short synopsis of the case aloud for prospective jurors.

“It’s alleged that this defendant was a member of a conspiracy to murder Markel, which included the family of his former wife and the people who traveled to Tallahassee to kill him,” Cappleman said.

Cappleman and Assistant State Attorney Sarah Dugan sat alongside Magbanua's lawyers, Chris DeCoste and Tara Kawass of Miami, in the jury room as they questioned potential panelists with Judge Wheeler.
[.....]

Not all of those summoned for jury duty were familiar with the sensational case, which made headlines across the globe. One woman said she hadn't read or seen anything it.
"Do you think you can be a fair and impartial juror?" Wheeler asked her.

"I do," said the woman, who was asked to return for Tuesday's [5/17/22] second round of jury selection.
 

Niner

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Tuesday, May 17th:
*Trial continues with Jury Selection (Day 2) (@ 8:30am 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 & the jury started deliberations on 10/10-10/11/19 with a total of 11 hours of deliberations. They found Garcia guilty. A mistrial declared for Magbanua. (10-2 for guilty). Will remain in jail as a charged co-conspirator & the State will try her case again.
Re-Trial began on 5/16/22 with jury selection. 12 jurors & 4 alternates. Trial expected to start 5/18/22. (should last 3 weeks).

Court info & trial from 9/23/19 thru 5/13/22 reference post #268 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-14

5/13/22: Filed By Wendi's attorney: Non-party Wendi J. Adelson's Motion for permission to place a statement on the record & to quash defense subpoena. In the event she has to testify, she will take the 5th if called by defense.
Also State (Jack Campbell) filed Amended Answer to Demand of Discovery: additional witnesses: Nick Roberts, Vicki Posey, Jason Newshouse, Robert Kelly, Michael Medina, Justin French, Michael Randolph & Travis Bergeron all from Tallahassee Police Dept. Believed to be witnesses regarding the wire taps.

5/16/22 Monday, Jury Selection Day 1: 50 potential jurors are in the courtroom waiting now. Another 50 will come in this afternoon. Judge Wheeler is now reading the indictment to jurors. The jurors will have to avoid any social media, news, or other medium that may have information about the trial. Individual voir dire behind closed doors to avoid contaminating the rest of the prospective pool. Testimony is slated to start as early as tomorrow afternoon, no later than Wednesday morning.
for more info see post #278 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-14
Jury selection continues on 5/17/22.

Accomplices:
*Charles Jay Adelson (45) – First appearance & bond hearing on 4/26/22. 4/26/22: Bond denied. Defense attorney asks for an Arthur hearing. No further info or dates yet as 5/15/22.
*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 any of these people in the Adelson family in connection with Markel’s death, except Charlie; but say Adelson’s mother & brother – Donna & Charlie Adelson – paid $100K to have Markel killed following the couple’s contentious divorce so their two young sons could move to South Florida.
 

KidonGadol

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Can someone please list the defence’s witnesses who also testified in trial number one? I am going to read the transcript of their evidence from the first trial to help spot any inconsistencies in this new trial. Thanks, all.
If you are looking for inconsistencies (but include prosecution witnesses ) then have a look at the Proffer discussion of Rivera with Det Isom and I think the note taker is FBI agent Sanford (Ytube) .

Concentrate on the area from about 1:05:00 in Then get a copy of the trial transcripts or listen to Sgt . Corbitt on the digital forensics for the 17th (not much there , no numbers called no data on who called whom and for how long ... yet for the 18th there is a plethora of that data).

Another document to compare is the Warrant and probable cause document for K Magbanua. A link to one copy of that has already been posted here.


This document is a bit of a dog's breakfast in terms of time line structure and you will find two separate sections which mention events of the 17th with SG/Rivera. The data of Sgt. Corbitt is more detailed than what you will find in the Warrant.


Rivera says that Wendi saw them (SG and LR) when they has a stake out at the Markel house and consequently made a phone call . Yet the state has never offered a list of calls that WJA made from the vicinity of the Markel Residence on the 17th July 14. Given here phone was taken for forensics on camera in the famous interview with Det Isom, getting this sort of information should be a dozy . It was only 24 hrs old at that point.

This misalignment exists because -
a/ Rivera was confused or lying . Or
b/ Wendi tried to make a call but did not get through or
c/ Because the state has the record but would not release it at the first trial because they wanted to keep WJA sweet because she was an Indemnified witness. or

.. AN Other explanation (Wendi had a second unknown cell phone, for example).


The attachment is fascinating I found from the trial. Rivera has said that Sigfreido Garcia called KM after they saw WJA near Markel's residence.

The first call of the day is FROM KM to SG. It's 28 seconds long at 1:51 pm (see graphics snip attached ) . According to Corbitt , SG is in a position consistent with a cell tower near Markel's residence at 14:30. Where is he at 13:51 hours on 17th July 14 when KM calls him ? ...possibly in the same place.


LE must know what tower near SG that KM call at 13:51 was routed through. It seems that the Court is not being told the full story just snippets for events on 17th July . It also seems Rivera was lying in the Proffer when he said Garcia called KM. It happened the other way around.

The question is did someone from Tallahassee call CJA or KM to force this call to happen ?

Text version of the SG-KM call list - taken from ST exhibit 181 part only . First trial of K Magbanua Oct 2019

7/17 - no KM to SG calls before 1:51 pm that day.
7/17/14 1 :51 PM Magbanua, Katherine calls 28 seconds
7/17/14 1 :52 PM Magbanua, Katherine calls
7/17/14 6:25 PM Magbanua, Katherine calls
7/17/14 6:28 PM Magbanua, Katherine calls
7/17/14 6:33 PM Magbanua, Katherine texts
7/17/14 7:14 PM Magbanua, Katherine calls
7/17/14 7:15 PM Magbanua, Katherine calls
7/17/14 8:04 PM Garcia, Sigfredo calls
 

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  • 17JULYExhibit181_KMTRIAL.JPG
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