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

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and, for Magbanua,

MOTION HEARING SET 7/21/2017
+ new discovery
 
New discovery on their part or the prosecution's?

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It is frustrating that the wheels of justice are grinding exceedingly slow in this case.
 
It appears to me that the main reason of the seeming slowness or delay in the Dan Markel criminal case could be … the judge! Facing potential backslash and expected vigorous scrutiny by “the Defense of the Powerful” in the case one or several Adelsons get involved again, the judge takes his time to document and ponder his every step. It could be also the case that this judge is overwhelmed.
Unlike in civil litigation, lawyer disqualification is arcane in criminal cases due to the 6[SUP]th[/SUP] Amendment & precedents at the States and Federal Court levels. Incidentally, the most difficult disqualification analysis for the judge involves indigent state defendants, already entitled to counsel. Hence, the maneuvers of the Sigfredo Garcia’s and Katherine Magbanua’s attorneys. It seems that these attorneys bank on the difficult disqualification analysis with the hope that the judge would not dare disqualify them, possibly under the “advice” of other attorneys of more “important (for the case) individuals”.
Instead of waiting the post-conviction stage [Cuyler v. Sullivan, 446 U.S. 335, 344 (1980) & , Strickland v. Washington, 466 U.S. 668, 686 (1984)], it is faster and effective to seek disqualification of attorneys as remedy when conflicts of interest or other misconducts make the counsel ineffective. This appears to be the move of the State of Florida in this Dan Markel case. The conundrum for the judge is the insinuation and/or possibility that prosecutors might use motions to disqualify for conflict of interests or other misconducts as weakening instrument against the criminal defendants’ defense by removing their most effective advocates.
It will take time for the above reasons; and perhaps other reasons related to any “high stakes game” cases.
 
Gaius, good post. peoples need to chill. jus a matter of time.
 
I can do some chillin'
As long as those who planned
this killin'
Get their maximum time in jail
W/out the possibility of parole or bail.


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MiamiTransplant said:
Gaius, good post. peoples need to chill. jus a matter of time.
Click to expand...
Agreed. Although it's clear that the hitmen LR and SG can be traced to the A's via KM, it's a complicated case. The prosecution need to be able to present enough evidence to convince a jury and judge of how this played out, because they need to get to the center of the crime--the A's--so they can be charged, too. I'm okay with them taking their time just so, end the end, there will be justice for Dan. That's what everyone here, myself included, want. MOO
 
Razz said:
I can do some chillin'
As long as those who planned
this killin'
Get their maximum time in jail
W/out the possibility of parole or bail.


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Click to expand...

Razz---you're a poet! Did you even know it?

:happydance::drumroll::happydance:
 
Razz said:
I can do some chillin'
As long as those who planned
this killin'
Get their maximum time in jail
W/out the possibility of parole or bail.


Sent from my SM-J700T using Tapatalk
Click to expand...

I like them words yer spittin'
Think the death penalty is fittin'
But that chamber gonna get cramped
All them conspirators, it's got to be revamped


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The docket for SG's case indicates that today the court entered an "order to transport." I haven't seen the order itself, so I don't know what it says. But I would note that, a few days before LR entered into his plea agreement, there was similarly an "order to transport" for him; that appears to have been related to his temporary move to nearby Jefferson County, where he was interviewed by LE prior to his plea. I don't know whether SG is also entering a plea, but let the speculation begin...

There was also an Arthur (bail) hearing set for SG for June 9.

https://cvweb.clerk.leon.fl.us/publ...p?report=full_view&caseid=0&jiscaseid=1119072
 
Wow. The Tallahassee D.A can't even force SG trial to start tomorrow?

So what's the hold up on SG case?

Why is the prosecutors content with these delays?
 
Information posted on the court's publicly-accessible web site is not remotely "secret," and the prosecution is well aware of that. And I'm quite confident that the other suspects' defense attorneys are checking the SG and KM dockets much more frequently than are WS visitors.


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BSBC said:
Information posted on the court's publicly-accessible web site is not remotely "secret," and the prosecution is well aware of that. And I'm quite confident that the other suspects' defense attorneys are checking the SG and KM dockets much more frequently than are WS visitors.


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Click to expand...

The public is only privy to what amounts to less than the tip of the iceberg regarding the evidence/theories/legal maneuvers in this complex case. We have heard that there are multiple terabyte hard drives under review, new witnesses, email, texts, phone calls, jail house informants, wiretaps, etc.
Law enforcement and the State Attorneys are pursuing this case and all of the many moving parts. Three are already in jail and one has pled guilty to his role in the crime. As I recall, the one who pled guilty said they went to Tallahassee to kill DM because the lady wants her kids back.

Everyone knows what happened; the SA office is making sure that the eventual convictions stick for every participant in this heinous crime. Logic dictates that more arrests are coming. The pace seems slow, but the details will be fascinating when this entire story is known.
 
“A person arrested for a “non-bondable” offense has the right to ask for an Arthur hearing. The purpose of the hearing is for the judge to determine whether the person should be released pending trial.”
People usually ask for Arthur Hearing because their attorneys think they should be let out on bail, with presumption of innocence, despite the non-bondable accusation. Some defendants ask for Arthur Hearing multiple times, usually when new piece of information is entered that looks favorable. This request is a bad news for the State of Florida, IMHO.
 
http://www.tallahassee.com/story/news/2017/04/27/fallen-tpd-officers-honored/100984556/
April 27 2017
Tallahassee Police investigator Craig Isom was awarded the Officer of the Year honor by the Committee of 99.

Isom, a 28-year veteran of TPD, was nominated for his work on the Dan Markel murder investigation. For two years he combed evidence and invested thousands of hours in charging three people in connection with the 2014 murder-for-hire.

“When asked if he ever believed the Markel murder would go unsolved, Investigator Isom said ‘never,’” according to his nominating letter. “”’I became discouraged, but I had a feeling something would make sense.”
Click to expand...
:star1:
 
scapa said:
It was inevitable, sadly, that WA would be able to "put this tragedy behind her". I doubt she's ever charged.

I do hope that she doesn't "novelize" the experience.
Click to expand...
Oh, but she already has.

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