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

[TTF14]

I agree she loses all credibility saying I don’t know what he’s talking about and I didn’t ask bc I don’t know what he’s talking about. Huh?? Why didn’t you ask? Because I don’t know what he’s talking about. And she opens her eyes wide while answering like Dugan is being dumb. Has anyone noticed she’s putting on this very childlike affect?

This woman graduated from college. She's not this dumb!

The most convincing part for me was the paychecks and her trying to explain her "personal assistant" job. She would have been better off saying she was being paid for sex, honestly. The jury might have bought that.

 

[dizzychick]

I’m confused. Why does she need employment to get Medicaid for her kids? I thought Medicaid was generally for poor families. Why does she need to fake employment with Adelson dental to become eligible?

my very thought and the defense missed the chance to bash Florida for not being a Medicaid expanded state lol, she and her kids both would qualify if the state was expanded and she could still work her little jobs, own a car and even own a home, but with Medicaid any job she had would disqualify her and I dunno bout the kids?

 

[clearskies1]

This woman graduated from college. She's not this dumb!

The most convincing part for me was the paychecks and her trying to explain her "personal assistant" job. She would have been better off saying she was being paid for sex, honestly. The jury might have bought that.

No, she's not dumb and considering how important her employment/money sources in mid to late 2014 are in this case you would think she and her defense team would have presented clear evidence on this -- instead she kept saying she didn't remember on cross. JMO.

 

[KidonGadol]

This woman graduated from college. She's not this dumb!

The most convincing part for me was the paychecks and her trying to explain her "personal assistant" job. She would have been better off saying she was being paid for sex, honestly. The jury might have bought that.

And Donna Adelson wrote out cheques for her to have sex with her Jewish son and a baby might result frm that. ?? If you know the story of RObert the other brother and how the Adels killed his intended marriage to an Indian woman in NY state I think you'd not pose that theory.

 

[Weki]

oh, that's really interesting. i see now reports of how this trial was delayed due to that....
if you can't clearly (or at all) hear anything she says, even after enhancement, trying to assign statements she said during it seems a bit disingenuous methinks

I think the issue is what she didn’t say or ask. She’s being asked what he means when he says these things and she’s playing dumb and saying she doesn’t know. Ok did you ask? She’s not saying I’m sure I asked but it’s not on the audio. She’s saying she didn’t ask.

 

[KidonGadol]

Does anyone think the State has proven that KM did have intent to commit murder?
Her defense bringing that up, and apparently the need for having intent per the charge - I think that’s interesting. The jury instructions portion is always fascinating

Have they proven that intent? What do you all think?

No. The state has proven that she assisted in paying off one of the killers (This sounds like proof of solicitation to me). The state has shown that she attempted to set up an alibi for that period of time , alleging she was elsewhere on the morning of the 19th June 2014.

The state has proven that CJA discussed with her the possibility that she would pay off one of the extortioners after the event and she did not walk out of the restaurant.

The state has proved that she knew about the State's false extortion attempt. This knowledge was gained through CA's phone call (Exhibit D) and discussed it with one of the killers via coded phone numbers. Therefore she knew that Garcia was one of the killers well before he was arrested and did not approach the authorities . I guess that makes her accessory to murder.

Conclusion - She won't get convicted of first degree homicide. She's highly likely to be convicted of solicitation to commit homicide (the person solicited being Rivera courtesy of the contract payment cash). It would be better if she does not get convicted of soliciting Garcia as that could lead to appeals.

Interestingly, SG was never convicted of soliciting Rivera to commit homicide (as the driver on 18th July 14 ) by the last jury in Oct 19. There were two charges against SG at that time -Felony murder first degree , and solicitation of Rivera . SG got the green weenie and drew LWOP on the first charge only. Simple -there was no documentation to support the second charge. Just Rivera's testimony on the matter. But LR had done a sentencing deal to testify and was already a felon. The Jury decided not to convict on the solicitation.

 

[dotr]

Lengthy.
May 26 2022

Markel Trial Day 9: Defense tries stoking sympathies, Magbanua on the stand, resting its case

Motion for judgment of acquittal is denied

floridapolitics.com

Peter Schorsch

''Motion for judgment of acquittal is denied
Prior to the jury arriving, defense attorney Tara Kawass stood before Judge Robert Wheeler, renewed all her team’s prior motions, and added a big one – a motion for acquittal.
Kawass argued that the State didn’t present sufficient evidence against Katherine Magbanua. Kawass cited an overturned murder conviction against Denise Williams in the death of her husband, alleging (incorrectly) that there was “more evidence in that case as it relates to principal for first degree murder” than in this one.
“There’s zero evidence before this court,” Kawass said, that ties Magbanua to a conspiracy with any member of the Adelson family, adding, “The state’s own witness, Ms. (Wendi) Adelson, said her family had nothing to do with this.” Kawass then asked the court to acquit her client on all charges.
Assistant State Attorney Georgia Cappleman countered. She provided two significant differences between their case against Magbanua and the one against Williams, concluding “the court will find there is sufficient evidence” for all three charges to go to the jury.
Wheeler agreed with Cappleman, saying there was “sufficient evidence” proved by the State that Magbanua’s role in Dan Markel’s murder was premeditated, and that the defendant “acted as a principal, and did some act to assist in the murder.”


''Under cross-examination, Magbanua recalled almost nothing

Assistant State Attorney Sarah Kathryn Dugan owned cross-examination, unrelenting in her approach and attempts to solicit the truth. Here’s a list of things that Magbanua claims she could not recall or could not explain:

• Why she had been the only ex-girlfriend Charlie called after the bump. She had claimed she was the “last ex-girlfriend” of Charlie’s, but text messages between her and Charlie make clear that was never her impression.
• Why she only called Luis Rivera during times when Rivera and Garcia traveled to Tallahassee in June and July of 2014, and on the morning of the money drop the day after.
• Why she was talking in code to Charlie and Garcia after the bump. She said she didn’t want to be overheard by coworkers or her children, but if not for a crime, why would that be a concern?
• Why her “husband” committed murder for her boyfriend.''

 

[Ferpo]

Why was SG brought over from Holmes County CI to the Leon County jail by the defense, and never used?

It is amazing to consider that SG, KM, and CA were all in the same facility for the last few days, separated of course. And LR had just been there himself.

 

[dotr]

Dan Markel murder: Katherine Magbanua re-trial, Day 8​

Scheduled for May 27, 2022
''DAN MARKEL MURDER: The defense has rested in the re-trial of Katherine Magbanua. Today begins with closing arguments, followed by the case going to the jury, possibly as early as noon. The Tallahassee.com feed will stay live through all deliberations until a verdict is reached.''

 

[Mariposa]

Why was SG brought over from Holmes County CI to the Leon County jail by the defense, and never used?

It is amazing to consider that SG, KM, and CA were all in the same facility for the last few days, separated of course. And LR had just been there himself.

I think the defense was considering calling him, or maybe bluffing they would, but maybe the kerfluffle over the recent recorded jail calls involving him put an end to that idea. In any case they wanted him nearby to be brought in if needed.

 

[TTF14]

The defense asked sooooo many leading questions that should have been objected to.

Has the defense made clear the link between SG and CA they promised they would?

 

[Blue Shakehead]

I think the defense was considering calling him, or maybe bluffing they would, but maybe the kerfluffle over the recent recorded jail calls involving him put an end to that idea. In any case they wanted him nearby to be brought in if needed.

Just speculation here and I hope the eventual Dateline special will cover what actually happened, but in my opinion, the Defense strategy was to have Garcia brought in to fall on his sword for Katie and create story where he met with Adelson personally and planned the hit and then took the cash. The entire Defense theory was that Garcia and Adelson planned and executed this together.

In fact, Decoste was so confident in this theory that he boasted in opening arguments that despite not having a burden of proof, that after the trial - it would be shown without ANY doubt that Katie was not guilty of this crime.

Well, fast forward and what was the Defense case? Trying to trip up a couple cops that likely ended up bolstering the State's case and then Katherine Magbanua. Not even a shred of evidence of a secret Adelson/Garcia plot behind Katie's back. It was always a ludicrous proposition, but now that they couldnt put Garcia on the stand -- its even more proposterous. Magbanua got crucified on the stand today. She was parroting Kawass most of the direct, but under cross, couldnt remember anything. This was a good strategy because when she did speak, her stories made zero sense and could not hold up to any scrutiny.

This case is wrapped up. And unless someone somewhere has successfully bribed a juror, I will eat my hat if Katie isn't found guilty. <modsnip>

 

[clearskies1]

The defense asked sooooo many leading questions that should have been objected to.

Has the defense made clear the link between SG and CA they promised they would?

It was almost eerie listening to the direct exam. Felt like no one else was in the room except Kawass and KM, with Kawass testifying and KM saying Yes, M'am, No M'am. Definitely a strategy on the prosecutor's part to let the jury see the defense resort to spoon-feeding KM on the stand, rather than letting her tell her own story.

I think the defense completely failed at proving a direct link between SG and KM. JMO.

 

[Snoop Sister]

This woman graduated from college. She's not this dumb!

The most convincing part for me was the paychecks and her trying to explain her "personal assistant" job. She would have been better off saying she was being paid for sex, honestly. The jury might have bought that.

Exactly in all seriousnes!

 

[dizzychick]

Why was SG brought over from Holmes County CI to the Leon County jail by the defense, and never used?

It is amazing to consider that SG, KM, and CA were all in the same facility for the last few days, separated of course. And LR had just been there himself.

I was wondering why they didnt call SG??? What harm could it do him? His appeals are over I saw somewhere, so all it might have done is save KM ? I don't get it

 

[vislaw]

I was wondering why they didnt call SG??? What harm could it do him? His appeals are over I saw somewhere, so all it might have done is save KM ? I don't get it

Defense decided he might hurt the case more if he testified. The state had jailhouse recordings to impeach his testimony.

 

[clearskies1]

I was wondering why they didnt call SG??? What harm could it do him? His appeals are over I saw somewhere, so all it might have done is save KM ? I don't get it

Maybe potential harm to KM if they thought he would get demolished on cross-exam. JMO.

 

[Gypsy Road]

Markel Trial Day 9: Defense tries stoking sympathies, Magbanua on the stand, resting its case

Motion for judgment of acquittal is denied

floridapolitics.com

 

[Blue Shakehead]

Say what you will about Decoste and Kawass but they are not morons. They fully understand how bad this trial has gone compared to the last one, from which their client very narrowly escaped life in prison as 10 out of 12 jurors voted to convict.

To recap: 1) Magbanua got to tell the last jury she was offered immunity and could walk away if she gave up the plot. 2) There were no Adelsons charged in the last trial, so she looked like a sacrificial lamb, 3) the audio from the Dolce meeting was completely inaudible, 4) Jessica Rodriguez did not testify about the money drop so it was Katie's story vs Rivera's, 5) she was able to make up a somewhat plausible account of her cash income through tips as a VIP bottle service waitress whereas that story has been thoroughly dissected and debunked 6) She has no explanation for why she is only communicating with Rivera on the murder trips and money drop, 7) she can't explain where she is for the car rental or the money drop except to say she's definitely not where everyone knows she is. There's probably more but it's safe to say that she's cooked. There is no reasonable person that could find her not guilty.

They still have time to strike a deal, right up to minute before a jury returns with a verdict. If the Defense lets this get to a jury verdict where their client gets life behind bars instead of giving up Charlie Adelson (and possibly others), the cover-up of this conspiracy will be almost as bad as the crime.

 

[friendlyobserver]

Say what you will about Decoste and Kawass but they are not morons. They fully understand how bad this trial has gone compared to the last one, from which their client very narrowly escaped life in prison as 10 out of 12 jurors voted to convict.

To recap: 1) Magbanua got to tell the last jury she was offered immunity and could walk away if she gave up the plot. 2) There were no Adelsons charged in the last trial, so she looked like a sacrificial lamb, 3) the audio from the Dolce meeting was completely inaudible, 4) Jessica Rodriguez did not testify about the money drop so it was Katie's story vs Rivera's, 5) she was able to make up a somewhat plausible account of her cash income through tips as a VIP bottle service waitress whereas that story has been thoroughly dissected and debunked 6) She has no explanation for why she is only communicating with Rivera on the murder trips and money drop, 7) she can't explain where she is for the car rental or the money drop except to say she's definitely not where everyone knows she is. There's probably more but it's safe to say that she's cooked. There is no reasonable person that could find her not guilty.

They still have time to strike a deal, right up to minute before a jury returns with a verdict. If the Defense lets this get to a jury verdict where their client gets life behind bars instead of giving up Charlie Adelson (and possibly others), the cover-up of this conspiracy will be almost as bad as the crime.

good recap - also, a complete new defense - where there were no distractions with other theories of who may have wanted Dan dead. here it was stipulated that charlie ordered the murder; the defense agreed. So the whole defense starts from a weaker position of trying to take her out of the obvious chain.