In the docket of Katherine Magbanua’s appeal, attorney for appellant John Browling, Esq. filed a Reply Brief dated February 29, 2024, with intriguing and interesting gist (see attached):
1. The trial court erred in failing to conduct a hearing on the propriety, under Marchetti, of Wendi Adelson’s invocations of her Fifth Amendment privilege.
2. It is without question in the facts of this case that Wendi Adelson is the primary beneficiary of the murder of Prof. Markel.
For the first point, one intriguing aspect is that with this kind of argued constitutional rights violation, Katherine Magbanua might get a shot at a new trial if the Court of Appeal finds the trial Court has erred. As a consequence, the appellate attorney of Charles Adelson could further make the same argument. I find these eventualities unlikely but we will see.
The interesting aspect is the question whether Wendi Adelson does not have a valid Fifth Amendment claim. Invalidating this claim puts the State labeled unindicted co-conspirator in jeopardy. She could be subpoenaed to testify without immunity under more vigorous examination. Thereafter, more evidence against her could be discovered.
For the second point, the documents of both courts evoke Wendi Adelson as the primary beneficiary of the murder of her two sons’ Abba Dan Markel. And their uncle Charles Adelson laments in recorded Jail Calls that their mother’s behavior with “many coincidences” the day of the murder made him look guilty in the eyes of his Jury.
This combination of “opinions” answers the wannabe YT pundits’ question about “why these strange Jail Calls happened from the first place?” These strange Jail Calls seem to be orchestrated by a conduit between Charles and his parents to rise “reasonable doubts” about “what if Wendi herself organized all of this? It is proven that Katie and Wendi are acquainted!” Notice, the allegation does not have to be true for the “reasonable doubts” to take roots! And recall, this strategy was used by Chris DeCoste, Tara Kawass, and Kristen Kawass in Katie’s trial! Donna Adelson’s trial, if it happens, will be really juicy!
“Stay tuned”, so sayeth Georgia Cappleman of The SAO2FL.