They followed the money trail.
GUILTY Fl - Dan Markel, 41, Fsu Law Professor, Tallahassee, 18 July 2014 - #5 *arrests*
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They followed the money trail.
GordonX
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IMO -
very nice! GC is a smart woman. i hope this is what i've been waiting for - this could be the linchpin to the whole thing - if the puppet defense falls then KM flips and if KM flips then the mastermind(s) fall. throw in Oscar for good measure. does someone want to request the Motion and post it? i want KM's attorneys to answer these questions for the Court -
1. who is paying your fees?
2. who is facilitating the payment of those fees?
3. how exactly did it come about that KM became your client?
4. have you provided or plan to provide any discovery materials to any other potential co-defendant or their attorney in this case?
5. was there any implicit or explicit agreements or discussion with any other co-defendant or their attorney regarding how you have and will proceed in KM's defense?
i'm sure KM's attorneys will cite attorney-client privilege and Oscar will chime in with faux outrage but i believe it can be argued that this is not covered.
reallybusy
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I requested the doc. Will post when I get it. GordonX, this is what you've waiting for!
I wonder if GC read that article from the weekend and said ENOUGH. Know what I mean?!
I also found the verbiage in the article from KM's lawyer very familiar.
Magbanua’s attorney said prosecutors “had to buy” some evidence from Rivera at the cost of an incomprehensible deal to support their theory. http://www.sun-sentinel.com/local/broward/fl-reg-fsu-slain-professor-confession-20170214-story.html
[FONT="]"The prosecution admittedly didn't have enough evidence so it went out and bought some by giving away the farm to a murderer," David Oscar Markus said in an email. [FONT=helvetica neue, helvetica, arial, sans-serif]http://www.foxnews.com/us/2016/10/0...argeting-florida-professor-pleads-guilty.html[/FONT][/FONT]
nancydrew71
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Wow, This is the first time we've heard this, right?
GordonX
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There are few things harder to accomplish in the U.S. than getting disbarred. According to a study conducted by the American Bar Assn., 1,046 lawyers were disbarred in 2011 that's less than 0.08% of the 1.27 million total practicing attorneys in the United States. That phenomenally low percentage reflects the courts' general reluctance to bring down the hammer, even when lawyers intentionally harm their clients, a cardinal sin under the Model Rules.
http://articles.latimes.com/2014/feb/11/opinion/la-oe-chong-stephen-glass-disbar-california-20140211
http://articles.latimes.com/2014/feb/11/opinion/la-oe-chong-stephen-glass-disbar-california-20140211
GordonX
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thanks! i look forward to reading it!
Indy Anna
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Interesting. I was looking up some old college friends a while back and found that one is practicing as a lawyer, but was disciplined (had his license temporarily suspended) about 10 years ago. He was being penalized for advertising services he wasn't qualified to perform. I noticed a lot of negative comments about him on the Internet. Although he was back to practicing law in his area of expertise, the public no longer trusts him.
So, I take it there are actions the ABA will take against a lawyer as a warning. A lawyer have to be doing something pretty severe to be disbarred, IMO. But, even a misstep can earn a lawyer public ridicule and fewer clients.
GordonX
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IMO - IF any of the attorneys in this case are involved in any conflict of interest and the state calls them out on it via this Motion and can prove it - i think the attorneys will vehemently deny the allegation with faux outrage but then suddenly remove themselves from the case for "the best chance for a fair trial" - and admit nothing - see case below. the state will accept, withdraw the Motion, and the attorneys will move on to their next case business as usual, unharmed, untainted, with no penalty. the state has much bigger fish to fry - they want the mastermind(s). the state will be happy if you get out of the way so they can get what they want. IF there is a conflict of interest, it is not the big career-ender many people here thought it was IMO.
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Attorney Ralph DeFranco, who represents Tevaughn "Big Baby" Darling, called the accusations by prosecutors "completely untrue" and "ludicrous" in a brief filed Monday morning, but he said removing himself from the case would be the best chance for a fair trial.
http://www.cleveland.com/metro/index.ssf/2015/11/attorney_for_accused_heroin_ki.html
Thus far, the Dan Markel's killing motive is speculated to be “to get the children”. I wonder, has the court explore another motive, the refusal of “get or get, גט‎‎, or gittin גיטין” according to the Biblical saying in Numbers 8: 1-12:16. https://en.wikipedia.org/wiki/Get_(divorce_document)
The divorce was contentious. Has the wife received a “get” from the husband? Could it be the case the husband refused to say to the wife who seeks divorce “You are hereby permitted to all men". A Jewish woman is not allowed to have sex with other men unless her divorced husband uttered those words, while alive. But if the husband is dead, no “get” is necessary.
The divorce was contentious. Has the wife received a “get” from the husband? Could it be the case the husband refused to say to the wife who seeks divorce “You are hereby permitted to all men". A Jewish woman is not allowed to have sex with other men unless her divorced husband uttered those words, while alive. But if the husband is dead, no “get” is necessary.
GordonX
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i don't think people that are allegedly capable of premeditated murder are really concerned about violating minor arcane religious laws.
Montrealaise
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Agree. Also, obtaining a "get" would only be important to an ultra-orthodox Jew, which WA and her family are not.
GordonX
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well what do you know? it looks like me and GC have been on the same page after all! where are all my haters at?
Prosecutors: Who's paying Magbanua's legal fees?
Tallahassee Democrat Published 12:21 p.m. ET Feb. 21, 2017 | Updated 7 minutes ago
Prosecutors hope to unravel the tangled web of suspects investigators said are linked to Dan Markels shooting to get to who is paying the legal fees of suspected conduit Katherine Magbanua.
In court filings Monday, state prosecutors hope to find out how Magbanua is paying for two private Miami attorneys without an apparent source of income. Assistant State Attorney Georgia Cappleman points to co-conspirators in the murder-for-hire-plot.
The filing seeking the source of Magbanua's legal fees comes on the deadline for prosecutors to demonstrate why Magbanua should continue to be held without bond. In December, her attorneys unsuccessfully sought her release from the Leon County Jail.
She is the third person charged in connection with Markels July 18, 2014, murder. The 41-year-old was shot point-blank in the head in his Betton Hills garage.
The father of Magbanua's two children, Sigfredo Garcia, and his childhood friend, Luis Rivera, have also been charged.
But investigators say Markels former in-laws hired Garcia and Rivera to travel to Tallahassee from Miami to kill Markel, a nationally-known Florida State University law professor. The motive, investigators say, was the family's desire to move Markel's two young boys to South Florida following his contentious divorce from ex-wife Wendi Adelson.
Her brother Charlie Adelson and mother Donna Adelson have been implicated in the murder plot by Tallahassee Police investigators and prosecutors. They have not been charged.
Cappleman in Mondays filings wrote that if Magbanua who was also in a romantic relationship with Charlie Adelson is suspected of having her legal fees paid by the Adelsons, it could present a conflict of interest and outside influence on her attorneys.
As the Adelson family is suspected of hiring Magbanua to facilitate the murder, her legal team being financed by Charlie Adelson or other member of his family creates an obvious conflict of interest which must be addressed, Cappleman wrote.
No one in the Adelson family has been charged in connection with Markels murder. Through its attorneys, the family has denied any involvement.
David Oscar Markus, Charlie Adelsons attorney, said not only have prosecutors smeared his client and his familys name, but they have implied a backdoor agreement for legal fees.
Even though Charlie wasn't involved, the prosecution has run a smear campaign against him and his family by using alternative facts created by people with quite a bit of time on their hands, Markus wrote in an email.
And now, realizing that they dont have real evidence, they are using an old prosecutor trick of going after the lawyers. But we have nothing to do with Katies legal fees. If the prosecution would have just called and asked, we would have been happy to tell them. Instead, its file first, ask questions later.
Magbanua was arrested after Rivera provided a statement that implicated her as the conduit between Rivera, Garcia and the Adelson family in exchange for a 19-year prison sentence that runs concurrently with a 12-year federal sentence he already was serving on unrelated charges.
Rivera told investigators Magbanua was responsible for delivering the $100,000 payment to him and Garcia.
Magbanua routinely received payments totaling more than $56,000 from the Adelsons family dentistry practice deposited into her bank account for more than a year following Markels murder, according to court records. Cash deposits were made in increments of between $300 and $2,000.
But since her arrest in October, the 32-year-old has been without gainful employment to pay for legal fees while she is being held in the Leon County Jail, according to court records. Cappleman noted that investigators have not found any other assets or accounts from which money could be coming.
Citing several Supreme Court cases, Cappleman said the conflict of interest raises the question of whether the payment for Magbanuas legal defense could influence her attorneys and ethical concerns of their loyalty to the client or the payor. Cappleman is requesting Circuit Judge James Hankinson conduct an inquiry into the source of legal fees and to determine whether Magbanua understands the conflict of interest.
Additionally, in November, Garica submitted court papers indicating his indigent status but also reporting that Magbanua was responsible for paying his attorneys fees. Her arrest rendered her unable to do so, according to court records.
In court records, Cappleman also pointed to the close contact of Charlie Adelsons and Magbanuas attorneys.
Magbanua called her attorney Tara Kawass the day she was arrested in the same 2001 Lexus sedan Garcia was arrested in five months before. Within 20 minutes, while investigators still sat in the parking lot where Magabanua was taken into custody, Charlie Adelsons attorney David Markus called TPD investigators asking to be notified of a warrant to arrest his client.
Magbanuas co-counsel Christopher DeCoste and Markus have offices in the same Miami building.
The Tallahassee Democrat has reached out to Magbanua's attorneys for comment, which is forthcoming.
http://www.tallahassee.com/story/ne...rs-whos-paying-magbanuas-legal-fees/98195276/
Prosecutors: Who's paying Magbanua's legal fees?
Tallahassee Democrat Published 12:21 p.m. ET Feb. 21, 2017 | Updated 7 minutes ago
Prosecutors hope to unravel the tangled web of suspects investigators said are linked to Dan Markels shooting to get to who is paying the legal fees of suspected conduit Katherine Magbanua.
In court filings Monday, state prosecutors hope to find out how Magbanua is paying for two private Miami attorneys without an apparent source of income. Assistant State Attorney Georgia Cappleman points to co-conspirators in the murder-for-hire-plot.
The filing seeking the source of Magbanua's legal fees comes on the deadline for prosecutors to demonstrate why Magbanua should continue to be held without bond. In December, her attorneys unsuccessfully sought her release from the Leon County Jail.
She is the third person charged in connection with Markels July 18, 2014, murder. The 41-year-old was shot point-blank in the head in his Betton Hills garage.
The father of Magbanua's two children, Sigfredo Garcia, and his childhood friend, Luis Rivera, have also been charged.
But investigators say Markels former in-laws hired Garcia and Rivera to travel to Tallahassee from Miami to kill Markel, a nationally-known Florida State University law professor. The motive, investigators say, was the family's desire to move Markel's two young boys to South Florida following his contentious divorce from ex-wife Wendi Adelson.
Her brother Charlie Adelson and mother Donna Adelson have been implicated in the murder plot by Tallahassee Police investigators and prosecutors. They have not been charged.
Cappleman in Mondays filings wrote that if Magbanua who was also in a romantic relationship with Charlie Adelson is suspected of having her legal fees paid by the Adelsons, it could present a conflict of interest and outside influence on her attorneys.
As the Adelson family is suspected of hiring Magbanua to facilitate the murder, her legal team being financed by Charlie Adelson or other member of his family creates an obvious conflict of interest which must be addressed, Cappleman wrote.
No one in the Adelson family has been charged in connection with Markels murder. Through its attorneys, the family has denied any involvement.
David Oscar Markus, Charlie Adelsons attorney, said not only have prosecutors smeared his client and his familys name, but they have implied a backdoor agreement for legal fees.
Even though Charlie wasn't involved, the prosecution has run a smear campaign against him and his family by using alternative facts created by people with quite a bit of time on their hands, Markus wrote in an email.
And now, realizing that they dont have real evidence, they are using an old prosecutor trick of going after the lawyers. But we have nothing to do with Katies legal fees. If the prosecution would have just called and asked, we would have been happy to tell them. Instead, its file first, ask questions later.
Magbanua was arrested after Rivera provided a statement that implicated her as the conduit between Rivera, Garcia and the Adelson family in exchange for a 19-year prison sentence that runs concurrently with a 12-year federal sentence he already was serving on unrelated charges.
Rivera told investigators Magbanua was responsible for delivering the $100,000 payment to him and Garcia.
Magbanua routinely received payments totaling more than $56,000 from the Adelsons family dentistry practice deposited into her bank account for more than a year following Markels murder, according to court records. Cash deposits were made in increments of between $300 and $2,000.
But since her arrest in October, the 32-year-old has been without gainful employment to pay for legal fees while she is being held in the Leon County Jail, according to court records. Cappleman noted that investigators have not found any other assets or accounts from which money could be coming.
Citing several Supreme Court cases, Cappleman said the conflict of interest raises the question of whether the payment for Magbanuas legal defense could influence her attorneys and ethical concerns of their loyalty to the client or the payor. Cappleman is requesting Circuit Judge James Hankinson conduct an inquiry into the source of legal fees and to determine whether Magbanua understands the conflict of interest.
Additionally, in November, Garica submitted court papers indicating his indigent status but also reporting that Magbanua was responsible for paying his attorneys fees. Her arrest rendered her unable to do so, according to court records.
In court records, Cappleman also pointed to the close contact of Charlie Adelsons and Magbanuas attorneys.
Magbanua called her attorney Tara Kawass the day she was arrested in the same 2001 Lexus sedan Garcia was arrested in five months before. Within 20 minutes, while investigators still sat in the parking lot where Magabanua was taken into custody, Charlie Adelsons attorney David Markus called TPD investigators asking to be notified of a warrant to arrest his client.
Magbanuas co-counsel Christopher DeCoste and Markus have offices in the same Miami building.
The Tallahassee Democrat has reached out to Magbanua's attorneys for comment, which is forthcoming.
http://www.tallahassee.com/story/ne...rs-whos-paying-magbanuas-legal-fees/98195276/
reallybusy
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No haters, just those who had a different guess about what may be happening. Will be interesting how this plays out given the statement on the record below.
“And now, realizing that they don’t have real evidence, they are using an old prosecutor trick of going after the lawyers. But we have nothing to do with Katie’s legal fees. If the prosecution would have just called and asked, we would have been happy to tell them. Instead, it’s file first, ask questions later.”
GordonX
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ha i was just kidding about the haters. big kudos to the commenter here (my apologies i forget who it was - maybe it was you?) who many weeks ago first noticed and pointed out that the two law firm addresses were exactly the same.
my guess is that it will play out just like this did -
Prosecutors withdraw motion in heroin 'kingpin' case, still probe lawyer payments
By Cory Shaffer, cleveland.com
on November 23, 2015 at 7:49 PM, updated November 23, 2015 at 8:54 PM
CLEVELAND, Ohio -- Prosecutors on Monday withdrew a motion that accused a suspected heroin trafficker of paying for three co-defendants' lawyers in an elaborate effort to avoid prosecution.
An assistant county prosecutor who appeared in court Monday did not explain the decision, which came after one suspect replaced his attorney during the hearing.
Joe Frolik, a spokesman for Prosecutor Timothy J. McGinty said in an interview before the hearing that two other lawyers named in the original motion cooperated with the prosecutor, and another has withdrawn.
But prosecutors are still seeking to find out who is paying some of the attorneys, setting up a potential fight as the case against Tevaughn "Big Baby" Darling moves forward.
http://www.cleveland.com/metro/index.ssf/2015/11/prosecutors_withdraw_motion_in_1.html
CA's attorney Markus says "we have nothing to do with Katies legal fees." Who's "we"? Markus? His law firm? CA? The other As? Very ambiguous.
reallybusy
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yup! It was. Can't wait to see how this pans out.
Indy Anna
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I think GC has been reading your posts here.
GordonX
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I think GC has been reading your posts here.
ha i doubt it. she's a very smart woman who's on the inside seeing everything, living this case, and interacting with many of the players on both sides. i bet she had knew exactly what was going on long before i or anyone else here did. frankly, it's not rocket science to figure out what's going on here. if i have anything, it's a keen sense of the obvious and an immense cynical view of humanity.
kudos to David Lat too - i think he put two and two together long ago without actually saying it -
The Dan Markel Case: Who Is Paying The Defendants’ Legal Fees?
By DAVID LAT
Nov 11, 2016 at 1:58 PM
http://abovethelaw.com/2016/11/the-dan-markel-case-who-is-paying-the-defendants-legal-fees/
The Dan Markel Case: Why Isn’t Katherine Magbanua Cooperating?
By DAVID LAT
Dec 7, 2016 at 2:59 PM
http://abovethelaw.com/2016/12/the-dan-markel-case-why-isnt-katherine-magbanua-cooperating/
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