GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 - #7 *arrests*

[TTF14]

Delete. I think I misunderstood.

 

[rsc42]

Defense is dragging their feet because they're not prepared for closing arguments. In any case, there isn't time for closings today esp if they all want to take 2 hours. Good lord. That's whole day of closing arguments the jury will have to sit through - painful.

I don't know who DaCoste is going to put up for his case in chief but after all this complaining that no one called the club owners about KM's employment if he doesn't bring a couple club owners to say she worked there and got paid in cash he's going to looks extremely foolish.

Your comment raises a very interesting point about juries and the jury trial process. The defense never has the burden of proof, and a defendant declining to testify and declining to present their own witnesses and evidence should never be held against them. In fact, the jury will be explicitly instructed not to hold a defendant's silence, or the non-presentation of defense evidence/witnesses, against them. However, no matter how strongly a jury is instructed on these fundamental rules, there is always human nature and human curiosity. It can be dangerous for a defense attorney to keep hammering a very specific point during their cross-examination of prosecution witnesses (in this case, that KM was making all that cash from the clubs she worked at), because when the defense gets their turn to present a case, their failure to bring in even a single person from the club to substantiate this will raise some eyebrows. Even if the jury is no not supposed to consider it, they inevitably will.

 

[Gardenista]

Wait. How can Garcia cross if he rested his case?

 

[dixiegirl1035]

Another witness fell flat. They were trying to talk about cell phone communication between Garcia and Rivera when he was in prison, and there was an objection and it was shut down. It went nowhere. Move on to the next witness please

 

[dixiegirl1035]

The jury should have asked that question to the neighbor who called 911. He must have knew it.

Still begs the question why asked? Dunno.....

 

[dotr]

Matt Damon could play Det. C?

 

[dixiegirl1035]

Why is KM attorney is bringing up now WA was not near house.... *waiting*

 

[TTF14]

Still begs the question why asked? Dunno.....

The only reason I can think of for that question is if they were trying to ascertain if some kind of conversation/altercation took place between Dan and his killer before he was shot.

What was the answer?

 

[DropthePuck]

Matt Damon could play Det. C?

Yup. And Christian Bale can play Decoste.

 

[dixiegirl1035]

Stipulation entered into evidence that many of us have asked here.


Kids week of murder..

Mon 8:55 dropoff by dan 5.00 dan pickup

Tues 8.25 by dan 4.50 pm by dan

Wed 9 am by Dan 4.30pm by wa

Thurs drop 8.30 am by wed 4.45 by dan

Fri 8.50 by dan.

 

[TTF14]

Oh hello, Jason!

 

[dixiegirl1035]

Your comment raises a very interesting point about juries and the jury trial process. The defense never has the burden of proof, and a defendant declining to testify and declining to present their own witnesses and evidence should never be held against them. In fact, the jury will be explicitly instructed not to hold a defendant's silence, or the non-presentation of defense evidence/witnesses, against them. However, no matter how strongly a jury is instructed on these fundamental rules, there is always human nature and human curiosity. It can be dangerous for a defense attorney to keep hammering a very specific point during their cross-examination of prosecution witnesses (in this case, that KM was making all that cash from the clubs she worked at), because when the defense gets their turn to present a case, their failure to bring in even a single person from the club to substantiate this will raise some eyebrows. Even if the jury is no not supposed to consider it, they inevitably will.

I have followed your posts throughout this trial, and I want to thank you so very much for your expertise, and putting it in terms that all of us can understand. Greatly appreciated I'm sure from more than just myself.

You bring out many things and put it into words that are so easy to understand for us. And point out many significant things for us to consider.

 

[dixiegirl1035]

The only reason I can think of for that question is if they were trying to ascertain if some kind of conversation/altercation took place between Dan and his killer before he was shot.

What was the answer?

The answer was he got there after body removed from car.

 

[clearskies1]

This is getting close to the witness saying that KM invoked her 5th Am right and refused to talk. That is something the defense usually doesn't want the jury to know....

 

[YESorNO]

Jada E. Williams‏ @JadaEWilliams 2h2 hours ago
Sgt. Steven Downing with the Florida Highway Patrol is the first person Saam Zangeneh calls on behalf of his client Sigfredo Garcia. #MarkelMurderTrialWTXL @abc27


Cathy Russon‏ @cathyrusson 3h3 hours ago
#MarkelMurder - Garcia's defense calls their first witness, Sgt. Steve Downing, Florida Highway Patrol. He pulled Luis Rivera over - the citation we've heard a lot about. https://lawandcrime.com/live-trials/live-trials-current/dan-markel/watch-live-murder-trial-in-shooting-death-of-fsu-law-professor-dan-markel/ …

Karl Etters‏Verified account @KarlEtters 2h2 hours ago
Garcia's attorney called FHP. Sgt. Steven Downing to talk abotu a traffic ticket Rivera got during a June 2014 trip to Tallahassee that showed no passengers in the car.


Jada E. Williams‏ @JadaEWilliams 2h2 hours ago
June 4, 2014 at 9 AM, Sgt. Downing pulls over Luis Rivera in Gainesville. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 2h2 hours ago
Rivera was pulled over for going 90 in a 70. Sgt. Downing says he doesn't recall anyone else in the car, but if someone else was in the car, he would've noted it on the ticket. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 2h2 hours ago
Sgt. Downing said there was no indication that Luis Rivera was under the influence of drugs or alcohol when he stopped him. #MarkelMurderTrialWTXL @abc27

 

[Gypsy Road]

Court TV is talking about whether KM should testify and said it’s a possibility if she did that she could charm the jury. Ummmm..are they watching the same trial as we are? She was off putting in those wire tapes. Very pushy, and what a sailor mouth. MOO

 

[dixiegirl1035]

*puts up bundling board between SG and KM tables*

Definition:The bundling board was a large plank placed between the two lovers in the old days past

 

[rsc42]

I have followed your posts throughout this trial, and I want to thank you so very much for your expertise, and putting it in terms that all of us can understand. Greatly appreciated I'm sure from more than just myself.

You bring out many things and put it into words that are so easy to understand for us. And point out many significant things for us to consider.

It is my pleasure, and thanks for the kind words. This case has been really fascinating to follow.

 

[YESorNO]

Jada E. Williams‏ @JadaEWilliams 2h2 hours ago
John Sawicki is now taking the stand. His job is to comb through electronic data. Looks like cell tower starts the convo. #MarkelMurderTrialWTXL @abc27


Karl Etters‏Verified account @KarlEtters 2h2 hours ago
Saam Zangeneh is questioning a digital forensic expert John Sawicki. "There's a lot of material," Sawicki said


Jada E. Williams‏ @JadaEWilliams 2h2 hours ago
Here's a interesting note: Sgt. Corbitt is back in court. He was the expert witness for this stuff (especially cell towers) for the state. He's allowed to sit behind the state during this testimony. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 2h2 hours ago
Sawicki says he's done about 600 or 700 cell tower witness testimonies. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 2h2 hours ago
Sawicki says he found deleted things in Charlie Adelson's iCloud. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 1h1 hour ago
Sawicki says that Charlie Adelson deleted 1800 messages from May to July of 2014 #MarkelMurderTrialWTXL @abc27


Karl Etters‏Verified account @KarlEtters 1h1 hour ago
Charlie Adelson deleted almost 2,000 texts between May and July 2014, according to Sawicki who reviewed his iCloud account


Jada E. Williams‏ @JadaEWilliams 1h1 hour ago
There's no way of knowing what was in those messages. Just that once upon a time, they existed. #MarkelMurderTrialWTXL @abc27


Jada E. Williams‏ @JadaEWilliams 1h1 hour ago
There were also other messaging apps like WhatsApp on Adelson's phone. Investigators didn't request records for those accounts. #MarkelMurderTrialWTXL @abc27

 

[YESorNO]

Karl Etters‏Verified account @KarlEtters 60m60 minutes ago
Zangeneh is done presenting his case. He is taking a few minutes to decide whether Garcia will testify


Karl Etters‏Verified account @KarlEtters 54m54 minutes ago
When I covered Henry Segura's mistrial on a quadruple murder case a few years back, I never thought he would get on the stand. But he did. Never say never


Karl Etters‏Verified account @KarlEtters 49m49 minutes ago
Garcia's team rests, wihtout calling him to the stand


Karl Etters‏Verified account @KarlEtters 48m48 minutes ago
Hankinson: "Do you wish to testify?"
Garcia: "No sir"


Jada E. Williams‏ @JadaEWilliams 46m46 minutes ago
Sigfredo Garcia will not testify. His defense attorney has rested the case. #MarkelMurderTrialWTXL @abc27


Cathy Russon‏ @cathyrusson 57m57 minutes ago
#MarkelMurder - Sigfredo Garcia's defense rests! https://lawandcrime.com/live-trials/live-trials-current/dan-markel/watch-live-murder-trial-in-shooting-death-of-fsu-law-professor-dan-markel/ …

Cathy Russon‏ @cathyrusson 56m56 minutes ago
#MarkelMurder - NOW: Co-defendant Katherine Magbanua's defense team will begin calling witnesses. Watch Live: https://lawandcrime.com/live-trials/live-trials-current/dan-markel/watch-live-murder-trial-in-shooting-death-of-fsu-law-professor-dan-markel/ …