GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #12

[Wishbone]

Dan Markel case: Katherine Magbanua to face sentencing as Charlie Adelson makes court appearance

Katherine Magbanua will be sentenced for the murder of Dan Markel. On top off the automatic life sentence for murder, she could face 30 years for two additional charges.

www.yahoo.com

 

[Weki]

It's gonna be life right? I guess DM's parents will probably make victim impact statements, Cappelman will argue for the maximum sentence, & Kawass will do whatever it is she does. Possibly KM will proclaim innocence and there will be tears. I'm curious to see if this judge will have a few words for KM or if he'll just sentence her and be done with it.

 

[GordonX]

It's gonna be life right? I guess DM's parents will probably make victim impact statements, Cappelman will argue for the maximum sentence, & Kawass will do whatever it is she does. Possibly KM will proclaim innocence and there will be tears. I'm curious to see if this judge will have a few words for KM or if he'll just sentence her and be done with it.

"You made a choice. And that choice was murder. Spare me your tears. You have sown the wind, and you have now reaped the whirlwind!"

 

[Maranata]

Dan had filed a motion 'alleging that Wendi had failed to disclose all of her financial assets'. Just repeating the words that were used.

Dan had filed a motion 'alleging that Wendi had failed to disclose all of her financial assets'. Just repeating the words that were used.

per the court docket - looks like CA's lawyer recently requested KM's PSI - pre-sentence investigation - report from GC. probably wanted to make extra sure there's no surprises coming from KM tomorrow. like a double-cross with a KM singing performance. i think the chances of that are nil with Kawass by KM's side. but better safe than sorry.

I still can't believe that Kawass thinks she can get Katie out through appeals. Unless the appeals court is going to say the bump shouldn't have happened and that all those calls after the bump should be thrown out, I don't see how else it can happen.

 

[Maranata]

It's gonna be life right? I guess DM's parents will probably make victim impact statements, Cappelman will argue for the maximum sentence, & Kawass will do whatever it is she does. Possibly KM will proclaim innocence and there will be tears. I'm curious to see if this judge will have a few words for KM or if he'll just sentence her and be done with it.

If we already have life without parole, any sentence more 'maximum' than that? Just wondering. The Markels will make their victim impact statement via video conference from Canada. Apparently, they are talking to 20/20 or Dateline this week so everything including sentencing should be on one of those programs sometime soon.

 

[GordonX]

I still can't believe that Kawass thinks she can get Katie out through appeals. Unless the appeals court is going to say the bump shouldn't have happened and that all those calls after the bump should be thrown out, I don't see how else it can happen.

IMO - Kawass doesn't believe it. She's paid to sell the fantasy and convince KM to keep her mouth shut.

 

[Wishbone]

IMO - Kawass doesn't believe it. She's paid to sell the fantasy and convince KM to keep her mouth shut.

Ha Ha...She should have convinced KM not to tell that fantasy story she tried to sell the jurors as well.

 

[Marysmith]

I think KM will speak and be very emotional when doing so professing her complete innocence.

 

[Marysmith]

It's gonna be life right? I guess DM's parents will probably make victim impact statements, Cappelman will argue for the maximum sentence, & Kawass will do whatever it is she does. Possibly KM will proclaim innocence and there will be tears. I'm curious to see if this judge will have a few words for KM or if he'll just sentence her and be done with it.

You called it first! IMO she will proclaim innocence with tears as well.

 

[KidonGadol]

It's gonna be life right? I guess DM's parents will probably make victim impact statements, Cappelman will argue for the maximum sentence, & Kawass will do whatever it is she does. Possibly KM will proclaim innocence and there will be tears. I'm curious to see if this judge will have a few words for KM or if he'll just sentence her and be done with it.

All of life sentence ?
The sentencing guidelines for Sentence of death or life imprisonment for capital felonies are here

Statutes & Constitution :View Statutes : Online Sunshine

Aggravating factors are the clear premeditation and the financial benefit - latter being item (f) under clause 6.


Mitigating factors - No substantial criminal record . I don't know about Magbanua's previous criminal record. I suspect she might benefit from clause 7 (a) of the statute.
T Kawass could also try - (d) The defendant was an accomplice in the capital felony committed by another person and his or her participation was relatively minor.
How does T Kawass prove "relatively minor " ? It is clear to the judge that KM was the communications person to keep CA separated from the killers. That does not count as relatively minor. In addition KM has been judged a soliciting person and a conspirator so she's not an accomplice in the normal meaning of the word.

 

[Niner]

Friday, July 29th:
*Case Management Hearing (@ 9am ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Charles Jay Adelson (45) was indicted (4/20/22), arrested & charged (4/21/22) & booked (in Leon County 4/25/22) with 1st degree murder, conspiracy to commit murder & solicitation to commit murder. No bond (denied bond 4/26/22).
Court info from 4/21/22 reference post #70 here:
https://www.websleuths.com/forums/t...ahassee-18-july-2014-arrests-11.620240/page-4
4/22/22 Update: Adelson appeared remotely in a Zoom hearing with Judge Phoebee Francois. Judge Francois found probable cause on the charges Adelson faces of murder & conspiracy. Adelson’s defense attorney, David Oscar Markus, asked about a bond hearing for Adelson. He said he understood Adelson could not get that hearing Friday & it would have to come after Adelson was brought to Tallahassee to face the charges. Markus asked how long it would take before Adelson was transported to Leon County. The judge & court staff told him it could happen within a week. Defense lawyers are David Oscar Markus & Margot Moss. Adelson was transferred to Leon County on 4/25/22. First appearance in Leon County in front of Judge Robert Wheeler on 4/26/22 @ 8:30am.
4/26/22 Update: Adelson was ordered to be held without bond during his first appearance in Leon County court this morning. Judge denied bond. His attorney Margot Moss said she would be filing for an Arthur Hearing to attempt to change that. An Arthur Hearing is a bond hearing for very serious felony offenses. Usually, a person is charged with an offense punishable by life in prison. If a defendant is arrested for a “non-bondable” offense, such as murder, sexual battery or kidnapping, the law presumes that the defendant will remain in jail pending trial. From hearing: no contact with victim, anyone listed in the indictment, no contact with co-defendant & stay away from incident location residence of any kind.
5/9/22 Update: Daniel Rashbaum, the attorney who has in the past represented Donna & Harvey Adelson, is now representing accused Markel murder suspect, ex-brother-in-law Charlie Adelson. Rashbaum filed as Adelson's council in Leon County Monday & replaces David Oscar Markus & Margot Moss. 5/13/22: Granting Motion of withdrawal of counsel.
6/16/22 Update: Order setting case management hearing on 7/29/22 @ 9am. 6/17/22: State filed an Answer to Demand for Discovery & Demand for Notice of Alibi. 6/29/22: Amended: Answer to Demand for Discovery by State: Exhibit: Charles Adelson I-Cloud U 1 Blue Ray-R. 6/29/22: Amended: Answer to demand for Discovery.


ALSO:

*Sentencing Hearing (@ 9am 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. State rested their case on 5/25/22. Defense began their case on 5/26/22 & rested their case on 5/26/22. Jury started deliberations on 5/27/22 (12:45pm to 8:45pm). Total hours of deliberations: ~ 8 hours. Guilty on all charges.
Court info & trial from 9/23/19 thru 5/13/22 & Jury Selection Days 1-2 (5/16-5/17/22) & Trial Day 1-7 (5/18-5/26/22) reference post #734 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-37
5/27/22 Friday, Trial Day 8: Judge Wheeler read jury instructions. Closing arguments or State by Georgia Cappleman & defense by Tara Kawass. Jury started deliberations at 12:46pm ET.
for more info see post #746 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-38
Jury question: “Judge could we please get an inventory list of the evidence so that we can navigate what communications are here?”
Post #749-Page 38
@ 1:38pn: The jury is asking the judge for an inventory list of the evidence so they can navigate the phone calls. The court is sending one back to them now.
After 4 hours (about 4:30pm) of deliberations jurors have another question. Jurors want to use the headsets provided during trial. They could be reviewing phone wiretaps or the Dulce Vida tape at this point in their deliberations.
After 8 hours (about 8:45pm) of deliberations a verdict was reached. GUILTY of 1st degree murder, GUILTY of conspiracy to commit murder & GUILTY of solicitation to commit murder. Will have a PSI report done & sentencing in about 30 days.
for more info on verdict being read:
https://www.youtube.com/watch?v=xpBFvo-692A
5/31/22: Motion to intervene & to vacate order sealing recording of jail calls filed by Mentour Lawyer. 6/16/22 Update: Sentencing hearing on 7/29/22.
Accomplices:
*Charles Jay Adelson (45) – Case management hearing on 7/29/22. 4/26/22: Bond denied. Defense attorney asks for an Arthur hearing.
*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. His appeal was denied.
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2016) & plead guilty to 2nd degree murder. Testified 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.

 

[GordonX]

 

[missunshine]

It appears that the hearing has been moved to 2:10 this afternoon? That’s what the Democrat shows on the YouTube site.

 

[missunshine]

That was obviously a mistake - they’re finally televising.

 

[GordonX]

 

[GordonX]

1. consecutive sentences! not concurrent as TK asked for. moot point anyway.
2. so after 6 years KM is finally declared indigent and she will be assigned a public defender for any appeals. i guess the money spigot was turned off.

 

[GordonX]

 

[Gypsy Road]

Wow! I can’t imagined being in KM’s shoes! She will never see freedom again. Proper sentence!

I also LOVE how Ms. Kawass called out Wendi Adelson’s lies to the judge! She lied on the stand about facilitating the boy’s visitation with the Markel family! What a self serving LIAR! Wish she could be brought up on perjury charges.

 

[Gypsy Road]

Will Charlie’s hearing be live streamed? What time?

 

[Bongo]

Still can't believe that Katie didn't sing. How are her kids supposed to feel....My parents gave up their freedom for $33K each to help some random rich people who care not at all. It's just so disturbing.