GUILTY Fl - Dan Markel, 41, Fsu Law Professor, Tallahassee, 18 July 2014 - #5 *arrests*

[DexterMorgan]

CA's attorney Markus says "we have nothing to do with Katie’s legal fees." Who's "we"? Markus? His law firm? CA? The other As? Very ambiguous.

Whats up with calling her Katie like they use to be college roommates or something? I thought he would be professional enough to further distant their ties to Ms Magbanua by referring to her as Ms. Magbanua? Lol

 

[GordonX]

The Dan Markel Murder Case — Defense Attorneys Dismiss It All As Fake News
By JOE PATRICE

That a pair of career criminals would drive hundreds of miles to assassinate a law professor who just happens to be involved in a dispute with the employers of the gunman’s girlfriend? What random happenstance! Yes, that does sound like a soap opera. Or at least an episode of Alfred Hitchcock Presents. And yet DeCoste contends it’s the idea that there may be a connection that is “preposterous” and “wholly unreliable.”

http://abovethelaw.com/2017/02/the-...efense-attorneys-dismiss-it-all-as-fake-news/

 

[BSBC]

In an updated version of the Tallahassee Democrat story, KM's attorney says that her fees are being paid by KM's "immediate family":

But Magbanua's attorneys Tara Kawass and Christopher DeCoste say their client's legal fees are being paid by her immediate family, who has gone into financial hardship to protect her.

"They’re wrong on their theory of the murder just like they're wrong on their theory of who's paying for Katie's defense, which is her immediate family," DeCoste said in an email. "They’ve gone into their savings, into their retirement accounts, causing financial hardships, all in order to protect Katie from a wrongful conviction at the hands of an overzealous prosecution. In time their suspicions of the murder will be disproved just like the offensive suspicions that Tara Kawass and myself are focused on anything other than our duty to Katie."

While none of us knows for sure, this explanation seems within the realm of possibility. I've been (and remain) skeptical of the notion that the As are paying KM's fees; it just seems too risky for the As, as exposure of such payments would make them look even more guilty.

 

[GordonX]

In an updated version of the Tallahassee Democrat story, KM's attorney says that her fees are being paid by KM's "immediate family":

While none of us knows for sure, this explanation seems within the realm of possibility. I've been (and remain) skeptical of the notion that the As are paying KM's fees; it just seems too risky for the As, as exposure of such payments would make them look even more guilty.

IMO -

think about it - the alleged mastermind(s) were caught between a rock and a hard place -

Option A - let KM fend for herself with no money and an independent-thinking public defender to get ripped apart by the state and pray to God that she doesn't flip. you know how that would end. KM feels abandoned.

Option B - preemptively set up KM with a "friendly" attorney "down the hall" and make sure the fees are paid and there's a wink and a nod for information (discovery), communication, and a desired strategy. take your attorney's advice that "we will cite attorney-client privilege and they'll never be able to pierce it." worry about the possible risk of appearance of guilt later but keep your neck out of the noose for now. KM feels taken care of.

put yourself in the alleged mastermind(s)' spot at that time - and their attorney(s)' - what would you choose to do/recommend????? i'll tell you if it was me i'd choose option B all day long. kick the can down the road and live to fight another day! leaving KM to fend for herself would basically be a game over. and once you lose KM you lose her for good. you must pick the best choice of two bad choices.

BTW - today DeCoste is quick to tell the media "immediate family" is paying but before this Motion "DeCoste declined to comment, citing the confidentiality of fee arrangements."

 

[cvaldez1975]

im not sure either way but that is a good point.

In an updated version of the Tallahassee Democrat story, KM's attorney says that her fees are being paid by KM's "immediate family":



While none of us knows for sure, this explanation seems within the realm of possibility. I've been (and remain) skeptical of the notion that the As are paying KM's fees; it just seems too risky for the As, as exposure of such payments would make them look even more guilty.

 

[cvaldez1975]

that was a good one lol

The Dan Markel Murder Case — Defense Attorneys Dismiss It All As Fake News
By JOE PATRICE

That a pair of career criminals would drive hundreds of miles to assassinate a law professor who just happens to be involved in a dispute with the employers of the gunman’s girlfriend? What random happenstance! Yes, that does sound like a soap opera. Or at least an episode of Alfred Hitchcock Presents. And yet DeCoste contends it’s the idea that there may be a connection that is “preposterous” and “wholly unreliable.”

http://abovethelaw.com/2017/02/the-...efense-attorneys-dismiss-it-all-as-fake-news/

 

[Indy Anna]

In an updated version of the Tallahassee Democrat story, KM's attorney says that her fees are being paid by KM's "immediate family":



While none of us knows for sure, this explanation seems within the realm of possibility. I've been (and remain) skeptical of the notion that the As are paying KM's fees; it just seems too risky for the As, as exposure of such payments would make them look even more guilty.

IDK. Hiring a hitman to kill WA's ex was also risky.

 

[TacoChip]

In an updated version of the Tallahassee Democrat story, KM's attorney says that her fees are being paid by KM's "immediate family":

I wonder who is providing the fund's to the immediate family? A normal person paying for a defense would probably hire an attorney in their area and save thousands of dollar's in transportation and related expenses. I posted before that I thought there was a "go-between" in relation to attorney fee's being paid. I hope that GC and Florida investigators can sort this out.

 

[BSBC]

IDK. Hiring a hitman to kill WA's ex was also risky.

True, though I doubt that the (alleged) conspirators were receiving advice from excellent criminal defense lawyers at the time they were (allegedly) plotting the murder. Now, I'm sure the As' attorneys are giving them lots of advice about how to behave so as not to increase the chances they will be arrested and convicted. I can't imagine that those attorneys would advise the As that funneling money to the woman accused of plotting with them to kill DM is a wise move. In fact, I think they'd advise that doing so (and having that fact exposed) would make them look guilty as sin.

 

[GordonX]

I wonder who is providing the fund's to the immediate family? A normal person paying for a defense would probably hire an attorney in their area and save thousands of dollar's in transportation and related expenses. I posted before that I thought there was a "go-between" in relation to attorney fee's being paid. I hope that GC and Florida investigators can sort this out.

very good point! per the PCAs - the alleged mastermind(s) have an alleged affinity for making creative concealed payments. when your neck is on the line, what's stopping you from making concealed payments to a co-conspirator's immediate family member for their defense? think about it - this way all the defense attorneys can have plausible deniability. DeCoste can "truthfully" say - "we get our fees from KM's immediate family" and not ask any questions. Oscar can say "i know nothing about KM's fees."

at minimum, the state will have to subpoena the financial records of KM's family if they want to get to the bottom of this.

 

[FigTree]

IMO -

think about it - the alleged mastermind(s) were caught between a rock and a hard place -

Option A - let KM fend for herself with no money and an independent-thinking public defender to get ripped apart by the state and pray to God that she doesn't flip. you know how that would end. KM feels abandoned.

Option B - preemptively set up KM with a "friendly" attorney "down the hall" and make sure the fees are paid and there's a wink and a nod for information (discovery), communication, and a desired strategy. take your attorney's advice that "we will cite attorney-client privilege and they'll never be able to pierce it." worry about the possible risk of appearance of guilt later but keep your neck out of the noose for now. KM feels taken care of.

put yourself in the alleged mastermind(s)' spot at that time - and their attorney(s)' - what would you choose to do/recommend????? i'll tell you if it was me i'd choose option B all day long. kick the can down the road and live to fight another day! leaving KM to fend for herself would basically be a game over. and once you lose KM you lose her for good. you must pick the best choice of two bad choices.

BTW - today DeCoste is quick to tell the media "immediate family" is paying but before this Motion "DeCoste declined to comment, citing the confidentiality of fee arrangements."

How charitable of the bunch - paying each others legal fees :facepalm:

http://www.tallahassee.com/story/ne...rs-whos-paying-magbanuas-legal-fees/98195276/

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.
-----
Additionally, in November, Garica submitted court papers indicating his indigent status but also reporting that Magbanua was responsible for paying his attorneys fees.
-----
“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.

-----


Immediate Family? which Immediate family?
I'd be following the money a bit further from 'the immediate'.

KM's fees must be huge.

 

[FigTree]

True, though I doubt that the (alleged) conspirators were receiving advice from excellent criminal defense lawyers at the time they were (allegedly) plotting the murder. Now, I'm sure the As' attorneys are giving them lots of advice about how to behave so as not to increase the chances they will be arrested and convicted. I can't imagine that those attorneys would advise the As that funneling money to the woman accused of plotting with them to kill DM is a wise move. In fact, I think they'd advise that doing so (and having that fact exposed) would make them look guilty as sin.

Well they left out the good advice to The Don not to speak to strange men in the street either.

Be nice to know if their accountants offices are next to each other as well.

 

[Razz]

IMO -

think about it - the alleged mastermind(s) were caught between a rock and a hard place -

Option A - let KM fend for herself with no money and an independent-thinking public defender to get ripped apart by the state and pray to God that she doesn't flip. you know how that would end. KM feels abandoned.

Option B - preemptively set up KM with a "friendly" attorney "down the hall" and make sure the fees are paid and there's a wink and a nod for information (discovery), communication, and a desired strategy. take your attorney's advice that "we will cite attorney-client privilege and they'll never be able to pierce it." worry about the possible risk of appearance of guilt later but keep your neck out of the noose for now. KM feels taken care of.

put yourself in the alleged mastermind(s)' spot at that time - and their attorney(s)' - what would you choose to do/recommend????? i'll tell you if it was me i'd choose option B all day long. kick the can down the road and live to fight another day! leaving KM to fend for herself would basically be a game over. and once you lose KM you lose her for good. you must pick the best choice of two bad choices.

BTW - today DeCoste is quick to tell the media "immediate family" is paying but before this Motion "DeCoste declined to comment, citing the confidentiality of fee arrangements."

Uh yes, I'm going with Option B.

And I agree, if I'm paying KM's fees and am part of her family, I'm hiring a Tallahassee attorney. Forget the Miami attorneys. That won't play well in Tallahassee. Not only that but the expenses would be less and I'd want someone who knows the "ropes" in Tallahassee for my little sister.

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[Gaius]

A court subpoena of Magbanua relatives with the helps of FBI and TPD are necessary "to see" with clear eyes if the Magbanua close relatives could afford the KM and SG attorneys' fees.

Speaking of eyes, all suspects are innocent until proven guilty but while waiting “The eyes are the window of the soul. ~ Traditional Proverb”. Have you heard of “A man’s eyes are for seeing, a woman’s for being seen. ~ Luxembourg Proverb”? What does SG see? WA is being seen as … “Onions, smoke and women bring tears to your eyes. ~ Danish Proverb”.

http://www.miamiherald.com/news/local/article82210137.html

 

[MissyS]

The recent article in the Sun-Sentinel allows the defense attorneys to reiterate the claim that LR mistakenly identifies WA and her children (or lies about doing so) the day before the murder. I've posted on this before, so excuse the redundancy, but the defense team(s) have latched on to the notion that this piece of information completely negates anything LR has to say about the crime to which he has admitted (and for which he has been punished by many additional years in jail).

According to press reports and the recording of LR's testimony, LR only states that SG told him that the woman they saw with 2 children was WA. LR never states that he recognizes WA. He recounted what SG told to him.

The defense team(s) are emphasizing the term "****" and lifelong criminal to refer to LR. Maybe it should be gently pointed out that SG (the father of her children) has been arrested 23 times. Maybe it should be emphasized that LR is also a lifelong friend of both KM and SG. Denigrating LR as a criminal doesn't elevate the status of KM. KM had been friends/business partners with SG and LR for years. Years when both of the men were involved in a variety of criminal activities. Didn't seem to bother her until she ended up behind bars.


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[reallybusy]

The recent article in the Sun-Sentinel allows the defense attorneys to reiterate the claim that LR mistakenly identifies WA and her children (or lies about doing so) the day before the murder. I've posted on this before, so excuse the redundancy, but the defense team(s) have latched on to the notion that this piece of information completely negates anything LR has to say about the crime to which he has admitted (and for which he has been punished by many additional years in jail).

According to press reports and the recording of LR's testimony, LR only states that SG told him that the woman they saw with 2 children was WA. LR never states that he recognizes WA. He recounted what SG told to him.

The defense team(s) are emphasizing the term "****" and lifelong criminal to refer to LR. Maybe it should be gently pointed out that SG (the father of her children) has been arrested 23 times. Maybe it should be emphasized that LR is also a lifelong friend of both KM and SG. Denigrating LR as a criminal doesn't elevate the status of KM. KM had been friends/business partners with SG and LR for years. Years when both of the men were involved in a variety of criminal activities. Didn't seem to bother her until she ended up behind bars.


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You're on point re the WA sighting and how KM and SG are friends with LR. SG was amped up, doing coke and paranoid that trip. The defense also used this same argument attempting to reverse the ruling on her being denied bond.

Some thoughts on the defenses' strategy:
At the bond hearing they made and still are saying that this is a circumstantial case. The judge point blank said "I don't agree with you that this is a circumstantial case."

Per the ATL article yesterday, the discussion about defense lawyers calling it fake news, etc. is great theater. From what I know of the case, which is a good bit, the defense reminds me of the Jets gang from Westside Story dancing and flailing on the way to a rumble. They can dance and snap, but by no means does it look like a serious threat coming - IMO. But they are doing their job in the media and we'll see more in court.

The defense is also hanging their hat on how the lead detective said he did not trust LR when asked. What was the lead detective supposed to say? Trust is earned by people in your life you know. So to keep regurgitating it the way the defense is doing in the media is a weak argument. - IMO

May I just say now that I'd like to cast the guy who plays Pete Campbell on Mad Men to be KM's lawyer Christopher Decoste for the made for TV movie?

 

[Montrealaise]

The Dan Markel Murder Case — Defense Attorneys Dismiss It All As Fake News
By JOE PATRICE

That a pair of career criminals would drive hundreds of miles to assassinate a law professor who just happens to be involved in a dispute with the employers of the gunman’s girlfriend? What random happenstance! Yes, that does sound like a soap opera. Or at least an episode of Alfred Hitchcock Presents. And yet DeCoste contends it’s the idea that there may be a connection that is “preposterous” and “wholly unreliable.”

http://abovethelaw.com/2017/02/the-...efense-attorneys-dismiss-it-all-as-fake-news/

They would have us believe that two Miami ****s just woke up one morning and decided to drive all the way to Tallahassee to murder a law professor whom they chose at random. Why - because it sounded like a fun thing to do? Anyone with a functioning brain cell knows this was a murder for hire. So if someone other than WA's family hired them, who is that person? Who other than WA and her family would benefit from the death of a respected and respectable professor?

 

[GordonX]

You're on point re the WA sighting and how KM and SG are friends with LR. SG was amped up, doing coke and paranoid that trip. The defense also used this same argument attempting to reverse the ruling on her being denied bond.

how long has it taken Leon County to email you court documents in the past? i see it can take up to 7 business days but i'm anxious to read that Motion.

 

[loco]

If KM's attorney's are claiming her relatives are paying the fees, this can be easily proved or disproved. Their bank records can be obtained with a court order. If they have any large deposits they can be traced. Also, attorney fees are not usually tax deductible. So any deposits would be income taxed for her relatives. I think KM's attorneys have given the DA a path to prove where the fees are coming from. I would guess she has already ran up 60K in fees. A lot of money for relatives to come up with.

 

[BSBC]

The defense is also hanging their hat on how the lead detective said he did not trust LR when asked. What was the lead detective supposed to say? Trust is earned by people in your life you know. So to keep regurgitating it the way the defense is doing in the media is a weak argument. - IMO

The defense's hyping the cop's lack of "trust" in LR is highly misleading. Read in context, it's clear that the cop was saying in essence: I believe LR's story. That's not because I "trust" him, but because his story is corroborated by objective evidence, including the car rental records, the cell phone location records, and video footage from the gym and the city buses. Also, LR gave the cops about details they didn't previously know about, like the accidental firing of the gun into the floorboard of the rental car.

Is it possible, even likely, that LR got some details wrong? Absolutely; the guy was drunk and high much of his time in Tallahassee, and he doesn't seem like the brightest bulb. And even the most honest, law-abiding citizen among us would get some details wrong when recounting what we did on a specific date several years ago. But again, the fundamentals of LR's story are corroborated by evidence that the defense attorneys have not undermined in any way.

I'll start taking the statements by these defense attorneys seriously when they give us evidence of a plausible theory of the murder other than a plot by the As. Their failure to do so is telling.