FL - FSU Law Professor Dan Markel Murdered by Hitmen #13 *1 guilty*

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Here's WCTV/CourtTV brief opposing CA's motion to keep the KM proffer secret until trial, which I think is very strong -- certainly much stronger than CA's motion.
 

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Here's WCTV/CourtTV brief opposing CA's motion to keep the KM proffer secret until trial, which I think is very strong -- certainly much stronger than CA's motion.
Agreed. The response is well drafted and persuasive. To be fair, Rashbaum didn't have the proffers when he drafted the motion, so it is understandably short on details. I would hope he has more specific points during oral argument (or potentially in a reply brief). I'm also curious whether the State will take a position now that the motion has been opposed. If the proffers contain evidence that may lead to the arrest of co-conspirators, GC may ask to keep it sealed.
 
Charlie just filed a (short) motion for continuance of trial until late July or August. :mad:

Rashbaum says that everyone has been diligent, but they need more time "given the sheer volume of discover, the seriousness of the charges, and the need to complete our own investigation..."
 
Charlie just filed a (short) motion for continuance of trial until late July or August. :mad:

Rashbaum says that everyone has been diligent, but they need more time "given the sheer volume of discover, the seriousness of the charges, and the need to complete our own investigation..."
Case management conference that was set for 2/24 has been moved to 2/28 at 10:00am (same time as the hearing on motion to seal the proffers).
 
Charlie just filed a (short) motion for continuance of trial until late July or August. :mad:

Rashbaum says that everyone has been diligent, but they need more time "given the sheer volume of discover, the seriousness of the charges, and the need to complete our own investigation..."

Would their request for more time be a result of KM's proffer? Probably an obvious question, but I'm wondering if Team Rashbaum is considering other strategies post proffer. I'm espcially interested in the substance of their "own investigation". Guessing they would pin the murder on SG, framing him as the lovelorn Latin King who'll do whatever it takes to win back his ex.
 
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Since Charlie’s attorney has access to the proffer, is there any reason that this information would be prohibited from sharing with any of the potential co-conspirators (or their attorneys’) who have not been charged? If there is a requirement not to share, could it still be done and tip the hand of anyone who has not been charged yet, due to minimal repercussions if it is shared?
 
Since Charlie’s attorney has access to the proffer, is there any reason that this information would be prohibited from sharing with any of the potential co-conspirators (or their attorneys’) who have not been charged? If there is a requirement not to share, could it still be done and tip the hand of anyone who has not been charged yet, due to minimal repercussions if it is shared?
Not sure, but couldn't Charlie himself share that info with his family if he wished to?
 
Since Charlie’s attorney has access to the proffer, is there any reason that this information would be prohibited from sharing with any of the potential co-conspirators (or their attorneys’) who have not been charged? If there is a requirement not to share, could it still be done and tip the hand of anyone who has not been charged yet, due to minimal repercussions if it is shared?
This is a fascinating question. I don't know the legal prohibitions involved but if the proffer reveals that Donna, Wendi and/or Harvey are soon to be charged, Rashbaum may position himself ($$$) to be involved in their trials as well. Could be a savvy way to extend his client list and billable hours. Then again, I have no idea how any of this works; it may be illegal for him to engage co-conspirators.
 
I don't know how to post it here but the Rashhbaum Continuance filing explicitly points out "WhatsApp chats" in the list of discovery material that they will need to review. Is this new evidence? I believe it was understood during the KM trials that WhatsApp (WA) conversations are encrypted and not preserved/archived on the server side but is it likely that they would still be available on a handset, if recovered (via the Proffer arrangement)? Alternatively, critical WA screen shots could have been stashed somewhere by KM. I'm not WA-savvy and don't know what is maintained on the handset and for how long.
 
fwiw rbbm

''Some governments are seeking to force technology companies to find out who sent a particular message on private messaging services. This concept is called “traceability.”
Technology and privacy experts have determined that traceability breaks end-to-end encryption and would severely undermine the privacy of billions of people who communicate digitally. Reasonable and proportionate regulations for an increasingly digital world are important, but eroding privacy for everyone, violating human rights, and putting innocent people at risk is not the solution. WhatsApp is committed to doing all we can to protect the privacy of people’s personal messages, which is why we join others in opposing traceability.

How does “traceability” break end-to-end encryption?
WhatsApp deployed end-to-end encryption throughout our app in 2016, so that calls, messages, photos, videos, and voice notes to friends and family are only shared with the intended recipient and no one else (not even us).
“Traceability” is intended to do the opposite by requiring private messaging services like WhatsApp to keep track of who-said-what and who-shared-what for billions of messages sent every day. Traceability requires messaging services to store information that can be used to ascertain the content of people’s messages, thereby breaking the very guarantees that end-to-end encryption provides. In order to trace even one message, services would have to trace every message.

That’s because there is no way to predict which message a government would want to investigate in the future. In doing so, a government that chooses to mandate traceability is effectively mandating a new form of mass surveillance. To comply, messaging services would have to keep giant databases of every message you send, or add a permanent identity stamp -- like a fingerprint -- to private messages with friends, family, colleagues, doctors, and businesses. Companies would be collecting more information about their users at a time when people want companies to have less information about them.''
 
Tuesday, February 28th:
*Case Management & Motions Hearing (@ 10am ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Charles Jay Adelson (37 @ time of crime/45/now 46) 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). Bond release denied (9/9/22).
Jury selection set to begin on 4/24/23 (3 to 4 days) & opening statements to start on 4/28/23 & evidence starts on 5/1/23.
Court info from 4/21/22 thru 11/23/22 reference post #698 here:
https://www.websleuths.com/forums/t...n-markel-murdered-by-hitmen-13.631568/page-35

11/28/22 Update: Defense requested a continuance of 12/2/22 hearing. Case management hearing was rescheduled on 12/16/22. 12/16/22 Update: Defense attorney Rashbaum raised concerns with Florida’s sunshine laws & media attention on the case. He will be filing a motion to have the Magbanua proffer sealed until after the trial to ensure that its release does not taint the jury pool. Said he has not seen it yet but it doesn’t matter whether the proffer is good or bad for his client - that the jury pool issue is the same. DA Cappleman confirmed that there was a video taped proffer & that they are expecting additional proffers/statements (could be Magbanua or others) as a result of the investigation stemming from her first proffer. Cappleman confirmed that Magbanua is represented by Christopher Decoste & mentioned that some details are still waiting his approval. Jury selection to be held the week of 4/24/23 (3 to 4 days) with opening statements on Friday, 4/28/23. Evidence to begin on 5/1/23 for 2-3 weeks. Case management hearing to be held in late February-to be set by parties.
12/16/22 Update: Next case management hearing on 2/24/23 @ 10am. 1/10/23: Motion by Defendant unopposed motion for protective order. Unopposed motion to prevent disclosure of all of KM's interviews (proffer) until CA's trial. 2/10/23 Update: Hearing on Adelson's motion to seal the proffer was set for 2/28/23. The Court notified the media (WCTV & Tallahassee Democrat) of the hearing & is permitting them to file briefs & present oral argument for consideration.
2/13/23 Update: KM’s proffers were provided to Adelson’s attorneys. 2/21/23 Update: WCTV-TV & CourtTV's Opposition to Defendant Charles Adelson's Motion for Protective Order filed.
2/23/23: Defense files motion for continuance of trial until late July or August. Case management conference on 2/24/23 has been moved 2/28/23 @ 10am. Same time as the hearing on motion to seal the proffers.
*Katharine Diana Magbanua (32/now 38) – Trial began on 5/18/22 & ended on 5/26/22. 5/27/22: Guilty on ALL charges. Sentenced on 7/29/22 for murder LWOP & for conspiracy & solicitation two 30 consecutive years in prison. 8/4/22: Magbanua has transitioned to the FL Department of Corrections Women's Reception Center in Ocala, thus ending a very lengthy six-year stay in the Leon County Jail.
*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.
 
Looks like CA's trial will be postponed until September or October:


Rashbaum had suggested starting the trial in late July or early August. But Assistant State Attorney Sarah Kathryn Dugan said that would conflict with other murder trials scheduled for the same time. Wheeler asked the lawyers to check their calendar and propose new dates for perhaps late September and early October.
 
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