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

[Blue Shakehead]

re points above

Sympathy vote -
I guess KM won't be able to talk about her leaky breast implants and medical issues they have been giving her in the clink to thusly look for sympathy, given the other things she wanted Kawass to about. It turns out that this alleged cosmetic surgery has paid her back many times over.

Sympathy for Katie was a big reason for her last mistrial. Mentour Lawyer interviewed one of the 2 jurors that didnt vote to convict her and that juror was very sympathetic to Katie. The other major issue that bothered that juror was how none of the Adelsons had been charged.

So both of those issues seem to be fixed for this coming trial. Fingers crossed.

 

[minusfour]

The immunity offer was a big puzzle for me. Why would they offer, why on earth didn't she accept? Now we know.

 

[Niner]

Tuesday, May 3rd:
*Motions 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. (should last 3 weeks).
Court info & trial from 9/23/19 thru 4/21/22 reference post #129 here:
MISTRIAL - FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #11
4/25/22 Update: Defendant's presence waived by counsel. Calendar call for speedy demand. A judge decided Monday afternoon the upcoming retrial of Magbanua will begin as scheduled on 5/16/22. Both defense attorneys & prosecutors agreed that the trial should go on as planned. 4/26/22 Update: Motion hearing on 4/29/22 @ 9am & motions hearing on 5/3/22 @ 2pm.
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:
MISTRIAL - FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #11
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.

 

[KidonGadol]

Some fairly significant rulings in the pre-trial that went against the defense yesterday.

1. Defense is not going to allowed to suggest that she was offered immunity. (We also learned she wasn't offered immunity, it seems she was offered to plead guilty and likely serve no additional jail time. That is not the same as immunity, which the defense have been telling everyone under the sun for years. Which is a lie.)

r.

If she was offered in say Mid 19 she could plead guilty an get no additional time then frankly: that stinks. She was intimately involved in setting up the murder (says Rivera) and she handed out all the cash to the killers. So for that she would get just three years. She went into custody in Oct 16.

I think they , the SA's office, might have wanted their pound of flesh and some testimony against others for that sort of deal . I guess if she pleads guilty and then refuses to testify in a later trial, then she could be in contempt of court for the latter and therefore re jailed on the second offense.

Since we never saw what was offered - there might be more to this plead and you've done your time story.

 

[GordonX]

IMO - I think if KM gets convicted she could POSSIBLY have a "Come to Jesus" awakening moment when reality sets in and she might finally rat out the alleged masterminds. But I believe her "independent" counsel may be be able to continue to convince her to keep her mouth shut and that she will have her conviction overturned on appeal. KM has been rotting in jail since 2016 - 6 years! When is her breaking point and when will she snap out of the blind trust she's put in her "independent" attorneys? When will KM wake up and realize she's being bamboozled? I believe KM's "independent" attorneys will continue to advise KM per Penthouse One instructions to keep her mouth shut - even after conviction. But even so - KM's testimony is not worth what it once was because she's already taken the stand under oath and denied any knowledge of the plot which diminishes her value. Also, with the enhanced Dolce Vita tapes (and KM's possible conviction) her relative value is also diminished. What is KM worth to GC now? What leverage to negotiate does KM have now and even worse yet after her possible conviction? Not much IMO. I have no doubt that KM's entire "defense" strategy is being masterminded from Penthouse One as a "firewall" defense strategy to save CA's . Penthouse One has accomplished one big goal - by taking a risk and putting KM on the stand under oath to deny knowledge of the plot they have severely diminished KM's value potential to testify against CA in the future should she ever decide to cut a deal and flip. So they readily sacrificed KM - they threw away her bargaining chip on purpose to protect CA per Penthouse One instructions IMO. Highly unethical. I'd like to see them all disbarred for life!

 

[Deleted member 302228]

KM is still worth a lot to the prosecution. Stand by.

 

[vislaw]

What actual evidence has been made public regarding the source of funds for KM's defense?

This issue was formally raised by the prosecution in 2017. KM's lawyers told the press her legal fees were being paid by her "immediate family" but after the judge held a private conference with defense counsel, he announced his determination that KM's legal defense WAS being paid for by a "third party" but that it was not the Adelsons. This has always puzzled me and I find it hard to believe that Katie's family has the resources to fund a defense this expensive. Nevertheless, until we know more we have to trust the judge that they produced sufficient information to allow him to conclude the Adelsons were not behind the defense funding.

I cannot wait for this trial to commence. In general, prosecutors have a big advantage on the retrial of a major case and it sure looks like Cappleman has a lot more to work with now that Charlie is indicted and the Dolce Vita conversation has been clarified. I also believe we will see a much tighter and focused examination of KM's finances that shreds her "bottle girl" explanation for the cash deposits.

 

[Blue Shakehead]

This issue was formally raised by the prosecution in 2017. KM's lawyers told the press her legal fees were being paid by her "immediate family" but after the judge held a private conference with defense counsel, he announced his determination that KM's legal defense WAS being paid for by a "third party" but that it was not the Adelsons. This has always puzzled me and I find it hard to believe that Katie's family has the resources to fund a defense this expensive. Nevertheless, until we know more we have to trust the judge that they produced sufficient information to allow him to conclude the Adelsons were not behind the defense funding.

I cannot wait for this trial to commence. In general, prosecutors have a big advantage on the retrial of a major case and it sure looks like Cappleman has a lot more to work with now that Charlie is indicted and the Dolce Vita conversation has been clarified. I also believe we will see a much tighter and focused examination of KM's finances that shreds her "bottle girl" explanation for the cash deposits.

Fantastic. Really appreciate your posts, vislaw. Just reading between the lines, it seems that Judge Harkinson was satisfied that KM's legal fees were being paid by KM's immediate family and not directly from the Adelsons. Of course, if we know anything about Charlie Adelson its that he loves a good conspiracy and you only need a few minutes of listening to him strategizing on how to avoid prosecution to know that, for all his faults, he's not stupid enough to just be wiring the cash directly from his checking account to KM's lawyers.

Its much more likely that some anonymous numbered offshore company that is entirely untraceable to the Adelsons is making sizeable donations or transfers of assets to various members of KM's family; although likely not the same family member that is paying the legal bills officially, creating several layers between payors and payees to buffer the transactions. This kind of scheme protects everyone involved and as long as KM's lawyer's operate on a Don't Ask Don't Tell doctrine and don't know the details, there isn't even an ethical issue for them.

So logic would dictate that the Adelsons are paying but there is no proof and to get the evidence, Judge Harkinson would have needed to sign-off on a prosecutorial fishing expedition that pre-supposes unethical conduct by officers of the court - and he was not on board with that. At least not without some evidence.

 

[vislaw]

Fantastic. Really appreciate your posts, vislaw. Just reading between the lines, it seems that Judge Harkinson was satisfied that KM's legal fees were being paid by KM's immediate family and not directly from the Adelsons. Of course, if we know anything about Charlie Adelson its that he loves a good conspiracy and you only need a few minutes of listening to him strategizing on how to avoid prosecution to know that, for all his faults, he's not stupid enough to just be wiring the cash directly from his checking account to KM's lawyers.

Its much more likely that some anonymous numbered offshore company that is entirely untraceable to the Adelsons is making sizeable donations or transfers of assets to various members of KM's family; although likely not the same family member that is paying the legal bills officially, creating several layers between payors and payees to buffer the transactions. This kind of scheme protects everyone involved and as long as KM's lawyer's operate on a Don't Ask Don't Tell doctrine and don't know the details, there isn't even an ethical issue for them.

So logic would dictate that the Adelsons are paying but there is no proof and to get the evidence, Judge Harkinson would have needed to sign-off on a prosecutorial fishing expedition that pre-supposes unethical conduct by officers of the court - and he was not on board with that. At least not without some evidence.

Agreed. Lately I've been thinking through what will happen if (when) KM is convicted. We would all like to think she would cut a deal to testify against Charlie and Donna, but the fact she hasn't for six years suggests a very powerful motivation behind her silence. Moreover, she has seriously damaged her value as a witness through her actions so that it is uncertain how much of a deal the prosecution would even be willing to cut. Let's assume that she gets convicted AND she remains loyal and willing to help the Adelsons. Beyond keeping mum and not testifying, it is interesting to consider whether there would be any way she could help them by taking the stand in Charlie's case. I'm having a hard time imagining a scenario where she could help, but it is a fascinating thought problem to think about. What story could she tell that would be in any sense credible and helpful to his defense?

 

[Gardenista]

 

[Blue Shakehead]

Agreed. Lately I've been thinking through what will happen if (when) KM is convicted. We would all like to think she would cut a deal to testify against Charlie and Donna, but the fact she hasn't for six years suggests a very powerful motivation behind her silence. Moreover, she has seriously damaged her value as a witness through her actions so that it is uncertain how much of a deal the prosecution would even be willing to cut. Let's assume that she gets convicted AND she remains loyal and willing to help the Adelsons. Beyond keeping mum and not testifying, it is interesting to consider whether there would be any way she could help them by taking the stand in Charlie's case. I'm having a hard time imagining a scenario where she could help, but it is a fascinating thought problem to think about. What story could she tell that would be in any sense credible and helpful to his defense?

Magbanua not turning state's witness against the Adelsons while also being simultaneously defended by a dream team of Miami lawyers who share offices with the Adelson's lawyers would, by itself, be the makings of one of the most interesting Dateline specials - and its just a side show to the bigger act. Its fascinating and you raise a very interesting thought experiment: what if KM agrees to testify for the defense in Charlie Adelson's trial?

The prosecution said that Katie "holds the key to her own freedom" but failed to mention that she very well may hold the key to Charlie, Donna and perhaps even Wendi Adelson's freedom as well. And what if she values their freedom more than her own. This is a family that was willing to bribe Dan Markel $1 million dollars just to allow Wendi and the kids to move 8 hours away. What would they be willing to pay for their own freedom? And is that dollar amount more than the life that Katie could afford to offer her kids and her extended family after pleading guilty to a felony?

 

[KidonGadol]

Agreed. Lately I've been thinking through what will happen if (when) KM is convicted. We would all like to think she would cut a deal to testify against Charlie and Donna, but the fact she hasn't for six years suggests a very powerful motivation behind her silence. Moreover, she has seriously damaged her value as a witness through her actions so that it is uncertain how much of a deal the prosecution would even be willing to cut. Let's assume that she gets convicted AND she remains loyal and willing to help the Adelsons. Beyond keeping mum and not testifying, it is interesting to consider whether there would be any way she could help them by taking the stand in Charlie's case. I'm having a hard time imagining a scenario where she could help, but it is a fascinating thought problem to think about. What story could she tell that would be in any sense credible and helpful to his defense?

The biggest Deus ex machina ending would be once KM is convicted the state writes a watertight Indemnity to the Cigar Store Indian, old Siggy that nothing he might say, however incriminating can be used against EITHER him or KM in any future case. . Get him to spill it all in return for a 30 year sentence, protected custody and a witness protection scheme and relocation to a place of his choosing , even PR, after he does his time. SG can take down CJA in return for not leaving the FJSystem in a pine box in 40years' time - he might wise up. It would be a crappy deal - to give the physical shooter a fixed term when he killed for money and with massive premeditation but to get Adelson nailed to the wall , it might be worth it.

KG

 

[KidonGadol]

Fantastic. Really appreciate your posts, vislaw. Just reading between the lines, it seems that Judge Harkinson was satisfied that KM's legal fees were being paid by KM's immediate family and not directly from the Adelsons. Of course, if we know anything about Charlie Adelson its that he loves a good conspiracy and you only need a few minutes of listening to him strategizing on how to avoid prosecution to know that, for all his faults, he's not stupid enough to just be wiring the cash directly from his checking account to KM's lawyers.

Its much more likely that some anonymous numbered offshore company that is entirely untraceable to the Adelsons is making sizeable donations or transfers of assets to various members of KM's family; although likely not the same family member that is paying the legal bills officially, creating several layers between payors and payees to buffer the transactions. This kind of scheme protects everyone involved and as long as KM's lawyer's operate on a Don't Ask Don't Tell doctrine and don't know the details, there isn't even an ethical issue for them.

So logic would dictate that the Adelsons are paying but there is no proof and to get the evidence, Judge Harkinson would have needed to sign-off on a prosecutorial fishing expedition that pre-supposes unethical conduct by officers of the court - and he was not on board with that. At least not without some evidence.

That anonymous offsshore company may well be in Jamaica. It seems a lot of US black money flushes through there (the banking system is compatible with the US and there is more or less the rule of law in Jamaica ) . The odd star prosecutor comes from there too.

The name Chez Magabanua and grand theft came up as all taboo subjects in the pre trial hearings . The Audio was just awful but I'm pretty sure I heard that. CM was the relative who did the embezzlement but she was at it well before young Katie started organising murders. GC is not allowed to talk about CM as a source of funds for the first trial is my reading of it. (as I said , crappy audio, that audio / Skype chat of the hearing is a legal document and it's rubbish)

Certain people wrote formal emails to TWO of the principals of the Plantation FL a/c firm that was ripped off by CM (place was Quitana assoc or similar name) and urged them to do their own investigation if the money was going to fund this scheissen schlag. They never hear back.

 

[KidonGadol]

IMO - I think if KM gets convicted she could POSSIBLY have a "Come to Jesus" awakening moment when reality sets in and she might finally rat out the alleged masterminds. But I believe her "independent" counsel may be be able to continue to convince her to keep her mouth shut and that she will have her conviction overturned on appeal. KM has been rotting in jail since 2016 - 6 years! When is her breaking point and when will she snap out of the blind trust she's put in her "independent" attorneys? When will KM wake up and realize she's being bamboozled? I believe KM's "independent" attorneys will continue to advise KM per Penthouse One instructions to keep her mouth shut - even after conviction. But even so - KM's testimony is not worth what it once was because she's already taken the stand under oath and denied any knowledge of the plot which diminishes her value. Also, with the enhanced Dolce Vita tapes (and KM's possible conviction) her relative value is also diminished. What is KM worth to GC now? What leverage to negotiate does KM have now and even worse yet after her possible conviction? Not much IMO. I have no doubt that KM's entire "defense" strategy is being masterminded from Penthouse One as a "firewall" defense strategy to save CA's . Penthouse One has accomplished one big goal - by taking a risk and putting KM on the stand under oath to deny knowledge of the plot they have severely diminished KM's value potential to testify against CA in the future should she ever decide to cut a deal and flip. So they readily sacrificed KM - they threw away her bargaining chip on purpose to protect CA per Penthouse One instructions IMO. Highly unethical. I'd like to see them all disbarred for life!

I have had logical disagreements with Mr Flash Gordon before but I think he's smack on the money on the appeals aspect keeping KM quiet ... her lawyers could drag that out 2 -3 years. What if KM gets a headline sentence that, with reductions for behaviour, comes to only ten years anyway ? She's looking at appeals she can't pay for out to year 8.5 . She might want to go with the Devil she Knows.

 

[GordonX]

I have had logical disagreements with Mr Flash Gordon before but I think he's smack on the money on the appeals aspect keeping KM quiet ... her lawyers could drag that out 2 -3 years. What if KM gets a headline sentence that, with reductions for behaviour, comes to only ten years anyway ? She's looking at appeals she can't pay for out to year 8.5 . She might want to go with the Devil she Knows.

KM is charged with and on trial for first-degree murder. In Florida, a conviction for a first-degree murder charge is ONLY punishable by a sentence of life in prison with no possibility of parole. There is no 10 years. There is no 8.5 years. There is no parole. Why do you keep repeating this?

 

[KidonGadol]

prosecutors always aim high (overreach) and then go for lesser included offenses so they get any sort of conviction. I'm referring to the realistic outcome , not the outcome based on a first degree murder conviction. Last time she had three potential charges . Two were crossed out on the warrant. Her charge was that she killed DM in Leon Cty, Tallahassee by gunshot . (not words about being an accessory were used). I call that overreach, as she was in Miami at the time.

2. last time she was sort of on trial with a potential capital penalty .. at least to start with. BUT This time that's off the table according to the prosecution . Conviction of First degree murder (with a bit of other naughtness like premediation and conspiracy ) can get you an injection in FL (somewhat more serious than LWOP ) as per the G Sievers judgement - he's on DR in the state of FL for paying for a hired killer to kill his wife with a hammer and that's quite recent . FL sentences them to die but then does not carry out the sentence at the moment.

 

[AlferdPacker]

Luis got 19.

 

[BearWatcher]

I thought the enhanced audio of the conversation between CA and KM showed that she was not a pushover and asked good question - which surprised me. Do wonder if she is considering different options now that CA is in jail. MOO.

 

[GordonX]

Luis got 19.

Rivera never went to trial. Rivera agreed to testify for the State and pled guilty to second-degree murder. Huge difference.

 

[Costcoluvr]

Re-run.
Before Florida man died, ex-brother-in-law joked about hiring hitman | wkyc.com
August 27, 2016
“He knew Danny treated me badly and it was always his joke, he said, "I looked into hiring a hitman and it was cheaper to get you this TV so I got you this TV,'" Wendi Adelson told investigators. "He would never.
"I told that to the repair guy this morning. He asked me how much it cost, and I said I didn’t know because it was a gift because my brother said it was cheaper than a hit-man. It was my divorce present. Such a horrible thing to say. I’m so, so sorry.”
Adelson's statement came minutes after Tallahassee Police investigator Craig Isom told her Markel had been shot by someone who wanted him dead and he was not expected to survive.''


''Wendi Adelson drove on Trescott Drive around noon the day Markel was shot. She said she thought the road, which by that time was cordoned off by crime scene tape, was closed because of a downed tree.
She went around and bought a bottle of Bulleit Rye Whiskey from the nearby ABC to take to a party later that evening.
Before that, she said she had been working at home after fielding the TV repair man that morning.''

Possibility #5: regarding Wendi claiming that her brother joked about hiring a hit man. She may have said this because, if Katie were to testify against Charlie, he could claim that he may have said those words, but he didn’t mean them. It was just a joke. Remember how Wendi kept repeating that her brother made bad jokes when she testified at trial #1. To be guilty of a crime, the perpetrator must have committed the bad act, but also had the intent to commit the crime, or “Mens rea”. This leaves Charlie open to say, “yes, I may have said those words, but it was just a joke. I never intended to have Katie procure a hitman to kill Danny”.