Lengthy.
May 26 2022
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.''