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

[Niner]

Monday, May 23rd:
*Trial continues (Day 4) (@ 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 & 2 alternates (7 women & 7 men). Trial began on 5/18/22. (should last 2-3 weeks).
Court info & trial from 9/23/19 thru 5/13/22 & Jury Selection Days 1-2 (5/16-5/17/22) & Trial Day 1-2 (5/18-5/19/22) reference post #408 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-21
5/20/22 Friday, Trial Day 3: State witnesses: State witness: Luis “Tato” Rivera.
for more info see post #420 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-21
State witnesses: Luis “Tato” Rivera (continued). Subject to recall. Waldo Nunez, works for FHP; he used to work at a rental car company near the Miami airport. TPD Sgt. Chris Corbitt, cell phone data analyst.
for more info see post #423 & 424 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-22
State witness: TPD Sgt. Chris Corbitt continued.
for more info see post #445 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-23
Trial continues on Monday, 5/23/22.
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.

 

[minusfour]

I hope you are right vislaw! I believe Wendi knew as well.
Gosh, what family thinks this up as even a possibility?! Like sometimes you don’t like your family member’s spouses or ex-spouses but murder?

Exactly! Who considers murder as a option to deal with family problems? That they thought they would get away with it, and the the grandsons would be better off deprived of their father-boggles the mind! These are educated people, who seemed to think they could just eliminate a person, and get on with their lives!

If Charlie is convicted, and Donna arrested and tried, it doesn't much matter in my mind what happens to Wendi. Her "fabulous family"!

 

[TTF14]

If Charlie is convicted, and Donna arrested and tried, it doesn't much matter in my mind what happens to Wendi. Her "fabulous family"!

I agree. She's ruined her own life and will be in a prison of her own making regardless of where she serves her time. The ultimate justice will be when the boys change their names back to Markel.

 

[AC's Grandma]

So if KM is found not guilty is she able to sue the state of FL for punitive damages of being incarcerated for 6 years?

 

[vislaw]

So if KM is found not guilty is she able to sue the state of FL for punitive damages of being incarcerated for 6 years?

Absolutely not.

 

[Mariposa]

Exactly! Who considers murder as a option to deal with family problems? That they thought they would get away with it, and the the grandsons would be better off deprived of their father-boggles the mind! These are educated people, who seemed to think they could just eliminate a person, and get on with their lives!

If Charlie is convicted, and Donna arrested and tried, it doesn't much matter in my mind what happens to Wendi. Her "fabulous family"!

As to the question what kind of family does this, I am reminded of the Over My Dead Body podcast which interviewed the “other brother”, RA. It seemed loud and clear from him that there is a big character problem in the family and that is why RA is estranged from the others. He told an anecdote from a tennis tournament in his youth where he somehow accidentally got money back he shouldn’t and his family encouraged him to keep it when he wanted to be honest and return it — and they mocked him over wanting to be honest. He said when he heard about the DM murder he instantly felt like he knew what had happened.

 

[Niner]

For day 4 - Monday, 5/23

Jada E. Williams
@JadaEWilliams
BACK IN COURT: it’s week 2 of the #KatherineMagbanua retrial. She’s accused of playing a role in #DanMarkel’s death. Today starts with more testimony from TPD Sgt. Chris Corbitt.

We’re starting off with the previously discussed jailhouse calls. Some are in Spanglish, some are between Sigfredo Garcia and his mother, some with SG and KM, some KM and her attorney Tara Kawass

There’s 49 calls on the list. We’re talking about calls Tara Kawass is a part of. They’re calls between her and Sigfredo Garcia. There was discussion between the two about testimony, transport, defense strategy, etc.

Kawass is asking that the state not listen to the calls since she discusses defense strategy. She also asks it not be used. The state says there’s no attorney client privilege and no right to privacy since it’s a jailhouse call.

The state says the calls should’ve been added to discovery since it includes a recorded statement of a witness to an attorney. They’re not privileged and should be allowed to listen. The judge asks Kawass if she’s aware those recorded calls will be reviewed by someone

“Isn’t that a waiver of your work product? You can’t talk into a crowded room and expect someone to not hear it.” The judge responds in relation to the calls. Kawass says it’s the same as calls with #Magbanua but Judge Wheeler says this isn’t the same (attorney client privilege)

No ruling from the judge. Judge says this calls for a Richardson Hearing but should wait until the Spanish calls are translated.

A big issue between the state and defense: discovery. Who received what and when. The defense says the state continues to give them discovery late. Now we’re going over a phone record that the defense says they never received. No subpoena, no business record certification.

Jury coming in now. We’re about to resume Sgt. Corbitt’s testimony in the #KatherineMagbanua retrial.

Cross-Examination resumes with an explanation of geolocation. “Locating something on a map or coordinate system.”

“Your handset can determine its location to a fairly high degree of accuracy.”- Sgt. Corbitt. DeCoste compares it to how we get food/ride shares.

Now we’re getting into a potential mapped route from the Comfort Rent a Car to #KatherineMagbanua’s home. Defense is focusing on how that map was created. “In one location, you could be in the area of more than one cell site.” Which helps create a map.

“I’m never trying to say that a handset was at one particular address.” DeCoste now talking about the mileage range for cell sites. “In thrust areas, yes. There are a number of factors. Our analysis is determining if that address is consistent with the coverage area.”

“Your handset certainly could select a different cell site that is different away.”- Sgt. Corbitt

DeCoste’s angle is that phone could have been pinged somewhere close to #KatherineMagbanua home. He says the Miami airport isn’t far away. Sgt. Corbitt says the analysis has grown as the investigation continues. It gets more detailed over the years.

DeCoste’s questioning hints at Garcia returning the rental car then going to see the kids he shares with #KatherineMagbanua. Corbitt says the pattern of the rental and return is similar but they’re not sure which day the rental car was returned.

Cross examination continues. DeCoste is asking about burner phones, issues when tapping phones, etc.

Two Straight Talk Wireless phones were purchased May 2016 from a Wal-Mart. Defense discusses how Garcia and Rivera got rid of their phone numbers after the murder, but Magbanua didn't.

There's a 15 minute recess.

That was a fast recess. The jury is returning now. Defense has a couple more questions for Sgt. Corbitt under Cross-Examination. Then the prosecution gets Re-Direct.

Cross-Examination wraps. On to redirect with ASA Sarah Dugan.

link: https://twitter.com/JadaEWilliams


That last tweet was 3 minutes ago.

edited to add one more tweet
11m
Redirect continues its focus on the call paths. This is a big part of the state's strategy. They say the calls between all involved parties show the path of communication-- showing #KatherineMagbanua is in the middle of the crime.

 

[Gypsy Road]

Gosh I feel dumb!

So there are jail calls between Km and SG? I had no idea incarcerated prisoners could call each other!

 

[Niner]

Just in case this guy added stuff that Jada didn't have. But his tweets look pretty short.

Karl Etters
@KarlEtters
We've got our live feed up for the second week of Katherine Magbanua's trial in the murder of Dan Markel. Here's a little bit of what to expect today Dan Markel murder: Cell phone web in Magbanua retrial spotlight on Day 4 | Livestream, updates and the live link to watch testimony

TPD Sgt. Chris Corbett will return to the stand for cross examination. Last week, he detailed the "flurry" of phone calls between the suspects the day of and after Markel was killed

Cappleman intends to use roughly 15 jailhouse phone calls as impeachment during the defense case, some with Sigfredo Garcia and his mom, he and Magbanua and some with Magbanua and her atty Tara Kawass.

Kawass is contending the calls with her and Garcia are work product and should not be admissible. There are 49 total calls

Cappleman "There is no atty client privilege and no expectation of privacy as all parties are aware they are being recorded from a detention facility."

Judge has reserved ruling, in part, so that Spanish jail calls can be translated

Magbanua's atty Chris DeCoste is questioning Corbett about being kicked to other cell sites if, theoretically, there are too many people on a tower

Corbett says that the data can only be used to include or exclude addresses from the respective cell site's coverage zone. It cannot determine exact location



link: https://twitter.com/KarlEtters

 

[Gypsy Road]

Thank you Niner!

 

[Clmzclmz]

As to the question what kind of family does this, I am reminded of the Over My Dead Body podcast which interviewed the “other brother”, RA. It seemed loud and clear from him that there is a big character problem in the family and that is why RA is estranged from the others. He told an anecdote from a tennis tournament in his youth where he somehow accidentally got money back he shouldn’t and his family encouraged him to keep it when he wanted to be honest and return it — and they mocked him over wanting to be honest. He said when he heard about the DM murder he instantly felt like he knew what had happened.

I just relistened to this podcast last week and he did not tell a story about a tennis tournament, nor did he claim to know immediately what happened. I’m not saying RA did not say these things, but he didn’t say them in that podcast.

 

[Niner]

Jada E. Williams
@JadaEWilliams
·
29m
The state wraps up its redirect, but a quick sidebar before officially releasing Sgt. Corbitt.

State is now playing a statement made by #KatherineMagbanua back in October 2019.

This is when the state cross examined #KatherineMagbanua about the deep sea fishing text from #CharlieAdelson. KM texted CA asking if Sigfredo Garcia called or texted. The brief audio ends and the jury breaks for lunch.

link: https://twitter.com/JadaEWilliams

 

[Marysmith]

Just in case this guy added stuff that Jada didn't have. But his tweets look pretty short.

Karl Etters
@KarlEtters
We've got our live feed up for the second week of Katherine Magbanua's trial in the murder of Dan Markel. Here's a little bit of what to expect today Dan Markel murder: Cell phone web in Magbanua retrial spotlight on Day 4 | Livestream, updates and the live link to watch testimony

TPD Sgt. Chris Corbett will return to the stand for cross examination. Last week, he detailed the "flurry" of phone calls between the suspects the day of and after Markel was killed

Cappleman intends to use roughly 15 jailhouse phone calls as impeachment during the defense case, some with Sigfredo Garcia and his mom, he and Magbanua and some with Magbanua and her atty Tara Kawass.

Kawass is contending the calls with her and Garcia are work product and should not be admissible. There are 49 total calls

Cappleman "There is no atty client privilege and no expectation of privacy as all parties are aware they are being recorded from a detention facility."

Judge has reserved ruling, in part, so that Spanish jail calls can be translated

Magbanua's atty Chris DeCoste is questioning Corbett about being kicked to other cell sites if, theoretically, there are too many people on a tower

Corbett says that the data can only be used to include or exclude addresses from the respective cell site's coverage zone. It cannot determine exact location



link: https://twitter.com/KarlEtters

Jada has the best tweets IMO.
Thank you so much for doing this Niner!

 

[vislaw]

I just relistened to this podcast last week and he did not tell a story about a tennis tournament, nor did he claim to know immediately what happened. I’m not saying RA did not say these things, but he didn’t say them in that podcast.

It is Episode 5 (The Maestro) at about 4:25. Rob's wife relates a story about the tennis tournament when Rob, as a child, was given too much change after buying a snack and the family teased him about wanting to give it back. The family gave him a nickname "Honest Abe" due to his proclivity to "do the right thing." Rob says Charlie didn't have the same attitude and he felt the ends would justify the means.

 

[Niner]

Jada has the best tweets IMO.
Thank you so much for doing this Niner!

I think so too - I'll just stick with her.

Do you know what time lunch will be over? The last tweet when I copy/pasted it was at 22min. So that is now about 1/2 hour into lunch. Back maybe about 1:30pm?

 

[clearskies1]

I think so too - I'll just stick with her.

Do you know what time lunch will be over? The last tweet when I copy/pasted it was at 22min. So that is now about 1/2 hour into lunch. Back maybe about 1:30pm?

Yes, the judge said they would resume at 1:30pm.

 

[Marysmith]

I think so too - I'll just stick with her.

Do you know what time lunch will be over? The last tweet when I copy/pasted it was at 22min. So that is now about 1/2 hour into lunch. Back maybe about 1:30pm?

Yes, that’s right 1:30 PM EST.

 

[Niner]

Yes, the judge said they would resume at 1:30pm.

Yes, that’s right 1:30 PM EST.

Thank you both!! So about 1/2 an hour ago...

I'll go check the tweets - I can only do them for another 1/2 hour - and then I have to go to bed - since I'm 7 hours ahead of you all on the East Coast.

 

[cynar]

I'm following this trial closely & also watched the first one, also read this entire thread.

I'm really struck by how everyone found Jeffrey Lacasse to be a good witness. I thought he was melodramatic and being a star witness at the center of now two trials and surely upcoming Charlie's has gone to his head. The difference between his demeanor and testimony at Magbanua's first trial and this one is amazing. Two years ago he was calm, restrained and believable. Now he's hyperbolic, self-pitying, going on and on about how Wendi is manipulative. deceptive, pathological, using the kids to jerk him around etc etc.

I do not believe he was set up to be a suspect by Wendi. I think, in many police interviews where he was getting attention & being pumped for more details, they co-created that narrative. Like the "owl necklace" and Bulleit bourbon (it sounds like bullet!!!) details, it smacks of overreach and conspiracy theory.

I watched Wendi's entire 5-hour police interview this weekend. She did not put Jeff forward as a suspect; her friend did. She had a friend come in for support & that friend, while they were brainstorming who would do this, mentioned Jeff. This friend knew him and also had been the one to suggest the week of no-contact after Wendi confided in her about their fight. The friend had been concerned about his jealousy and thought he was controlling in that he had gone through Wendi's datebook and phone. Wendi's response to her friend's suggestion is tepid, but then she castigates herself for not even thinking of it. The friend then leaves, but outside the room, puts Jeff forward as a suspect to the detective, who is in the hallway. We know this because the detective later references "what your friend said." When the detective comes back in he questions Wendi about Jeff & their relationship. At no time does she mention what car he drives or what time he was leaving on his trip. It's all about relationship dynamics and whether he might own a gun. I write this in such detail because if you only listened to Jeff's testimony it sounds like Wendi enthusiastically put him forward as a suspect and emphasized the time he was meant to be leaving town.

One more thing: Wendi wearing the exact same outfit. It was very smart. First, it makes her testimony visually indistinguishable on youtube, so fewer novelty views. It also psychologically designates almost a uniform, something separte from her life or real clothes, kind of like a dress you'd worn to a funeral and could never wear again. It also creates a continuity of circumstances. The subtext about her family is they are rich, they are materialistic. Some questions are about whether she benefited financially. A new outfit might play into that, and also in and of itself, given the interest in this case, might even fuel blogposts or youtube "reactions." She gave them nothing to talk about. Finally, subconsciously, she needs to be completely consistent with her previous testimony. The dress reinforces this sense that things are the same.

 

[Marysmith]

I'm following this trial closely & also watched the first one, also read this entire thread.

I'm really struck by how everyone found Jeffrey Lacasse to be a good witness. I thought he was melodramatic and being a star witness at the center of now two trials and surely upcoming Charlie's has gone to his head. The difference between his demeanor and testimony at Magbanua's first trial and this one is amazing. Two years ago he was calm, restrained and believable. Now he's hyperbolic, self-pitying, going on and on about how Wendi is manipulative. deceptive, pathological, using the kids to jerk him around etc etc.

I do not believe he was set up to be a suspect by Wendi. I think, in many police interviews where he was getting attention & being pumped for more details, they co-created that narrative. Like the "owl necklace" and Bulleit bourbon (it sounds like bullet!!!) details, it smacks of overreach and conspiracy theory.

I watched Wendi's entire 5-hour police interview this weekend. She did not put Jeff forward as a suspect; her friend did. She had a friend come in for support & that friend, while they were brainstorming who would do this, mentioned Jeff. This friend knew him and also had been the one to suggest the week of no-contact after Wendi confided in her about their fight. The friend had been concerned about his jealousy and thought he was controlling in that he had gone through Wendi's datebook and phone. Wendi's response to her friend's suggestion is tepid, but then she castigates herself for not even thinking of it. The friend then leaves, but outside the room, puts Jeff forward as a suspect to the detective, who is in the hallway. We know this because the detective later references "what your friend said." When the detective comes back in he questions Wendi about Jeff & their relationship. At no time does she mention what car he drives or what time he was leaving on his trip. It's all about relationship dynamics and whether he might own a gun. I write this in such detail because if you only listened to Jeff's testimony it sounds like Wendi enthusiastically put him forward as a suspect and emphasized the time he was meant to be leaving town.

One more thing: Wendi wearing the exact same outfit. It was very smart. First, it makes her testimony visually indistinguishable on youtube, so fewer novelty views. It also psychologically designates almost a uniform, something separte from her life or real clothes, kind of like a dress you'd worn to a funeral and could never wear again. It also creates a continuity of circumstances. The subtext about her family is they are rich, they are materialistic. Some questions are about whether she benefited financially. A new outfit might play into that, and also in and of itself, given the interest in this case, might even fuel blogposts or youtube "reactions." She gave them nothing to talk about. Finally, subconsciously, she needs to be completely consistent with her previous testimony. The dress reinforces this sense that things are the same.

Great insight. Thank you!!