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Thursday, December 9th:
*Case Management Hearing (@ am ET) - FL – Daniel Eric Markel (41) (July 18, 2014, Tallahassee) - for *Katherine Magbanua (32/now 36) (Garcia's wife) arrested (Oct. 2016) & charged with first-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. Jury: 10 women & 2 men & 1 alternate (woman); was 2 alternates one (man) got sick & excused on 10/3/19. Jury Deliberations on 10/10/19: 4.5 hours. 10/11: 6.5 hours for guilty verdict on Garcia. Mistrial declared for Magbanua. (10-2 for guilty). Total 11 hours. Will remain in jail as a charged co-conspirator, and the State will try her case again.
Re-Trial was set to begin on 10/15/21 continued to 2/14/22.
Court info & trial from 9/23/19 thru 7/6/21 reference post #661 here:
MISTRIAL - FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #10
7/8/21 Update: For the next case management hearing they will be discussing jury selection procedures. Will have 2 days of jury selection with 2 sets of 50 people the first day & 2nd day will be the group picked from first day. Will question potential jurors about being vaccinated or not. And will possible add an additional alternate. Defendant waived her appearance for today’s hearing. But next hearing Judge wants her there. Next case management hearing on 8/25/21.
8/25/21 Update: Magbanua’s defense team raised COVID-19 concerns, asking to delay her trial in a Wednesday afternoon case management hearing. The hearing lasted just over an hour, with discussions on jury selection, discovery & evidence procedures & deadlines & the date of the trial. During the hearing, they added that Magbanua had tested positive for COVID-19 ten days prior, but negative Wednesday morning. They added that socially distancing from her during trial could unintentionally sway the jury. DeCoste & Kawass said they want to try the case but emphasize they want to do it safely. The prosecution said they are ready to move forward, objecting to a further delay of the case. Judge Robert Wheeler denied the verbal request to continue the trial to a later date in court on Wednesday, but he instructed the defense to file a written motion about their concerns. The trial date is currently set for 10/4/21. The pretrial hearing is scheduled for 9/30/21, with a filing deadline of September 17.
9/10/21 Update: Attorneys for Magbanua are seeking to disqualify prosecutors, who allege she was involved in the plot to kill Dan Markel, saying they intentionally provided the jury misleading evidence & left out information that was exculpatory during her first trial. Their claims, filed in Leon County Circuit Court Friday afternoon, lie in exhibits presented at Magbanua’s first trial in 2019. The exhibits include phone & bank records for Magbanua that they say not only were inaccurate but contained information kept from the jury that may have provided evidence in her favor. State Attorney Jack Campbell denied his office misrepresented the case — it’s being tried by Assistant State Attorney Georgia Cappleman — and said it would be inappropriate for him to discuss evidence of the case in the media. During a deposition of financial investigator Mary Hull last month, according to the court filing, she said the exhibits created by prosecutors * presented at trial were incorrect & did not accurately track Magbanua’s income. They were also different than the one provided to defense attorneys through discovery.
9/17/21 Update: There are two motions up for discussion in the Magbanua case - one to disqualify the prosecutor & another to continue the trial. Magbanua is virtually present from the Leon County Detention Center. Tara Kawass, one of Magbanua’s attorneys says the state used a demonstrative that the defense never saw until it was presented in court. Says they were deprived of options to fully vet the evidence. Kawass says there were mistakes in the call record visuals. The hearing lasted just over an hour, with discussions on jury selection, discovery and evidence procedures & deadlines, and the date of the trial. Response to Motion 1: Judge Wheeler says there is no evidence of misconduct or intent regarding testimony from Sgt. Corbett. Says there is no prejudice moving forward regarding steps for the upcoming trial. Motion 1 to disqualify is denied. The court is now moving on to the motion to continue trial. Attorney Chris DeCoste for Magbanua is handling this motion. Safety is the biggest concern as COVID continues to spread. Judge Wheeler has delayed the upcoming murder trial of Magbanua. A new trial date has been set for 2/14/22. Following jury selection, the trial is expected to last about two weeks. The case management hearing on 12/9/21.
Accomplices:
*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
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2016) & plead guilty to 2nd degree murder. Will testify 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 bro Charlie, mom Donna Sue Adelson (68) & father Harvey Adelson. Investigators have not charged anyone in the Adelson family in connection with Markel’s death, but say Adelson’s mother and brother – Donna and Charlie Adelson – paid $100,000 to have Markel killed following the couple’s contentious divorce so their two young sons could move to South Florida.
*Case Management Hearing (@ am ET) - FL – Daniel Eric Markel (41) (July 18, 2014, Tallahassee) - for *Katherine Magbanua (32/now 36) (Garcia's wife) arrested (Oct. 2016) & charged with first-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. Jury: 10 women & 2 men & 1 alternate (woman); was 2 alternates one (man) got sick & excused on 10/3/19. Jury Deliberations on 10/10/19: 4.5 hours. 10/11: 6.5 hours for guilty verdict on Garcia. Mistrial declared for Magbanua. (10-2 for guilty). Total 11 hours. Will remain in jail as a charged co-conspirator, and the State will try her case again.
Re-Trial was set to begin on 10/15/21 continued to 2/14/22.
Court info & trial from 9/23/19 thru 7/6/21 reference post #661 here:
MISTRIAL - FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #10
7/8/21 Update: For the next case management hearing they will be discussing jury selection procedures. Will have 2 days of jury selection with 2 sets of 50 people the first day & 2nd day will be the group picked from first day. Will question potential jurors about being vaccinated or not. And will possible add an additional alternate. Defendant waived her appearance for today’s hearing. But next hearing Judge wants her there. Next case management hearing on 8/25/21.
8/25/21 Update: Magbanua’s defense team raised COVID-19 concerns, asking to delay her trial in a Wednesday afternoon case management hearing. The hearing lasted just over an hour, with discussions on jury selection, discovery & evidence procedures & deadlines & the date of the trial. During the hearing, they added that Magbanua had tested positive for COVID-19 ten days prior, but negative Wednesday morning. They added that socially distancing from her during trial could unintentionally sway the jury. DeCoste & Kawass said they want to try the case but emphasize they want to do it safely. The prosecution said they are ready to move forward, objecting to a further delay of the case. Judge Robert Wheeler denied the verbal request to continue the trial to a later date in court on Wednesday, but he instructed the defense to file a written motion about their concerns. The trial date is currently set for 10/4/21. The pretrial hearing is scheduled for 9/30/21, with a filing deadline of September 17.
9/10/21 Update: Attorneys for Magbanua are seeking to disqualify prosecutors, who allege she was involved in the plot to kill Dan Markel, saying they intentionally provided the jury misleading evidence & left out information that was exculpatory during her first trial. Their claims, filed in Leon County Circuit Court Friday afternoon, lie in exhibits presented at Magbanua’s first trial in 2019. The exhibits include phone & bank records for Magbanua that they say not only were inaccurate but contained information kept from the jury that may have provided evidence in her favor. State Attorney Jack Campbell denied his office misrepresented the case — it’s being tried by Assistant State Attorney Georgia Cappleman — and said it would be inappropriate for him to discuss evidence of the case in the media. During a deposition of financial investigator Mary Hull last month, according to the court filing, she said the exhibits created by prosecutors * presented at trial were incorrect & did not accurately track Magbanua’s income. They were also different than the one provided to defense attorneys through discovery.
9/17/21 Update: There are two motions up for discussion in the Magbanua case - one to disqualify the prosecutor & another to continue the trial. Magbanua is virtually present from the Leon County Detention Center. Tara Kawass, one of Magbanua’s attorneys says the state used a demonstrative that the defense never saw until it was presented in court. Says they were deprived of options to fully vet the evidence. Kawass says there were mistakes in the call record visuals. The hearing lasted just over an hour, with discussions on jury selection, discovery and evidence procedures & deadlines, and the date of the trial. Response to Motion 1: Judge Wheeler says there is no evidence of misconduct or intent regarding testimony from Sgt. Corbett. Says there is no prejudice moving forward regarding steps for the upcoming trial. Motion 1 to disqualify is denied. The court is now moving on to the motion to continue trial. Attorney Chris DeCoste for Magbanua is handling this motion. Safety is the biggest concern as COVID continues to spread. Judge Wheeler has delayed the upcoming murder trial of Magbanua. A new trial date has been set for 2/14/22. Following jury selection, the trial is expected to last about two weeks. The case management hearing on 12/9/21.
Accomplices:
*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
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2016) & plead guilty to 2nd degree murder. Will testify 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 bro Charlie, mom Donna Sue Adelson (68) & father Harvey Adelson. Investigators have not charged anyone in the Adelson family in connection with Markel’s death, but say Adelson’s mother and brother – Donna and Charlie Adelson – paid $100,000 to have Markel killed following the couple’s contentious divorce so their two young sons could move to South Florida.
