GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 - #8 *arrests*

[Marysmith]

What incentive does SG have to cut a deal at this point? And give up all his appeal rights? The only negotiating point would be the DP and he’s unlikely to get that from this jury. There are too many other variables in this case and he’s the low hanging fruit. Not really sure why state wanted DP on him anyway.

The only hope of an indictment against the Adelsons is for KM to come to Jesus and flip!

Agreed that SG is very unlikely to get then death penalty imposed by this jury. I would be shocked if he did.
Maybe the weight of realizing that she’s still incarcerated and has to go through another trial with possibly another set of attorneys and the fact that SG is now convicted, and they will not be going through this together anymore, will make her make the choice to speak truthfully...
ETA: IMO she has more incentive to flip now.

 

[GordonX]

What incentive does SG have to cut a deal at this point? And give up all his appeal rights? The only negotiating point would be the DP and he’s unlikely to get that from this jury. There are too many other variables in this case and he’s the low hanging fruit. Not really sure why state wanted DP on him anyway.

The only hope of an indictment against the Adelsons is for KM to come to Jesus and flip!

the State wanted the DP on SG for leverage. agreed that this jury will probably not give SG the DP. but if SG gets Life perhaps the State could offer him 30-40 years to sing. SG is 37, so this would give him some hope to see the outside world again albeit in his late 60s or 70s.

 

[vislaw]

I am still flummoxed by the State of Florida removing the death penalty from Katherine Magbanua’s case. What for?

KM is a proven apatetic animal able to blend with Latin Kings and their brothers, affluent prince and princess of Tamarac, FSU law faculty member, bottle girls, actor of $1.2 million embezzlement, expensive criminal defense lawyers etc. Could it be the case that the death penalty is not in her case because the State of Florida’s charge against her is objectively NOT that strong?

After the mistrial, prosecutor Georgia Cappleman said something to the effect of “we will do it better the next time.” I am confident there are some thinking supervisors at the State Attorneys’ office in Florida, able to promote Georgia Cappleman to some dignified upper echelon job; so that more skilled and hungry young guns step in to take over the Katherine Magbanua retrial, if applicable. Especially if Miami lawyers of the caliber of DeCoste and Markus are taking charge of the defense.

Whether or not to proceed with a capital charge often hinges upon the recommendations of experienced jury consultants. In this case it is likely a judgement was made that seeking the death penalty for a mother of two kids not present at the scene of the shooting might cause some jurors to empathize with KM and, thus, be less likely to convict. I could see that call going either way, and conviction is the primary objective here. With regard to GC's performance, it appears that 11 persons were ready to return Murder 1 against both defendants in less than two days. Had the "rogue" juror not been present, we'd almost certainly be delighted with her performance. As I've written before, it is impossible to avoid the possibility of having one or two unreasonable jurors -- that's a cost of our system and why unanimous verdicts are required. I firmly believe at least 8 out of 10 random juries would have returned convictions and I personally believe GC will learn from this case and be ready to nail KM and CA/DA in the next trial.

 

[vislaw]

What incentive does SG have to cut a deal at this point? And give up all his appeal rights? The only negotiating point would be the DP and he’s unlikely to get that from this jury. There are too many other variables in this case and he’s the low hanging fruit. Not really sure why state wanted DP on him anyway.

The only hope of an indictment against the Adelsons is for KM to come to Jesus and flip!

My view is SG's whispered "Katie, I love you" as he was cuffed and led away is a pretty good indication that KM has leverage with him, should she choose to exercise it. What makes most sense to me is a cooperation of both defendants whereby KM pleads to a deal and SG agrees to testify. Definitely KM holds the key and it is clear the prosecution isn't going to back off. My prediction is that we'll either see both cut a deal or no deal will occur.

 

[Weki]

Don’t forget the 11-1 reporting was fake news by an overeager local reporter. I believe it’s the same reporter who claimed SG said ‘I love you, Katie.’ Which is prob fake news too. Seems this reporter is creating his own narrative.

 

[TTF14]

What incentive does SG have to cut a deal at this point? And give up all his appeal rights? The only negotiating point would be the DP and he’s unlikely to get that from this jury. There are too many other variables in this case and he’s the low hanging fruit. Not really sure why state wanted DP on him anyway.

The only hope of an indictment against the Adelsons is for KM to come to Jesus and flip!

I don't think he will get the death penalty, either, but it still is a gamble for him. However, I don't know what information he'd be able to provide except to complete rat Katie out, and I don't think he will do that.

ETA: I should have read more posts before I said that .

 

[GordonX]

I'm encouraged by Saam's post verdict interview the other day that we could possibly see SG sing - and GC seemed open to accept it. I have zero confidence that Kawass and DeCoste will advise KM to sing - I'm very suspicious of a serious conflict of interest with their counsel. I hope I'm wrong about that.

 

[GordonX]

Don’t forget the 11-1 reporting was fake news by an overeager local reporter. I believe it’s the same reporter who claimed SG said ‘I love you, Katie.’ Which is prob fake news too. Seems this reporter is creating his own narrative.

we don't know this yet. he believes he heard both. i don't think he's making this stuff up.

 

[Marysmith]

The thing is too is that the A’s have means beyond what certainly I thought they did anyways, and they seem like they could be a flight risk...

 

[vislaw]

Don’t forget the 11-1 reporting was fake news by an overeager local reporter. I believe it’s the same reporter who claimed SG said ‘I love you, Katie.’ Which is prob fake news too. Seems this reporter is creating his own narrative.

Good observation on the jury count. I thought there were independent observations of the "I love you" whisper?

 

[TTF14]

I'm encouraged by Saam's post verdict interview the other day that we could possibly see SG sing - and GC seemed open to accept it. I have zero confidence that Kawass and DeCoste will advise KM to sing - I see a serious conflict of interest with their counsel. I hope I'm wrong about that.

Although I could not read their lips, the body language of the Kawass sisters before KM was led away yesterday seemed to suggest them assuring her to not worry, "we got this" kind of thing.

 

[TTF14]

Don’t forget the 11-1 reporting was fake news by an overeager local reporter. I believe it’s the same reporter who claimed SG said ‘I love you, Katie.’ Which is prob fake news too. Seems this reporter is creating his own narrative.

Didn't realize that was the same person.

 

[Weki]

In order for SG’s cooperation to be worthwhile he’d have to have something on the Adelsons. I don’t think he does. I’m certain he had no idea CA was involved and that KM manipulated him and kept him in the dark. And state doesn’t need SG to get KM.

SG is useless to state at this point and he has no leverage.

KM holds all the cards. If the Adelsons are to be indicted KM has to flip and now state has great leverage to make that happen.

I listened to the podcast where the former DA talked about why there were no charges against the Adelsons. I think he’s right. And the new DA must also agree. The Adelsons would blow into Tally with their high priced lawyers and make a mockery of the prosecution. That would be the worst outcome! State should not indict until they feel they can convict and so far they don’t feel that way. Unless KM cooperates.

 

[dixiegirl1035]

That makes sense. Thank you.
Obviously we don’t know what’s going on behind the scenes but it just seems so unfair that CA, at the very least, has had 3+ years of freedom since the Tally police issued that probable cause affidavit. He even had a child in the meantime!

What date was the affidavit for probable cause released for Charlie? I can't find that in my notes. Attached is the probable cause affidavit for Charlie Adelson

 

[TTF14]

In order for SG’s cooperation to be worthwhile he’d have to have something on the Adelsons. I don’t think he does. I’m certain he had no idea CA was involved and that KM manipulated him and kept him in the dark. And state doesn’t need SG to get KM.

SG is useless to state at this point and he has no leverage.

KM holds all the cards. If the Adelsons are to be indicted KM has to flip and now state has great leverage to make that happen.

I listened to the podcast where the former DA talked about why there were no charges against the Adelsons. I think he’s right. And the new DA must also agree. The Adelsons would blow into Tally with their high priced lawyers and make a mockery of the prosecution. That would be the worst outcome! State should not indict until they feel they can convict and so far they don’t feel that way. Unless KM cooperates.

This prosecution just got a first-degree murder conviction with their best witness being a convicted felon. I don't think they are dum-dums. I think they could stand up just fine to "high priced lawyers" because they have the evidence to support it. More expensive lawyers doesn't mean they have more evidence to prove innocence.

 

[GordonX]

In order for SG’s cooperation to be worthwhile he’d have to have something on the Adelsons. I don’t think he does. I’m certain he had no idea CA was involved and that KM manipulated him and kept him in the dark. And state doesn’t need SG to get KM.

SG is useless to state at this point and he has no leverage.

KM holds all the cards. If the Adelsons are to be indicted KM has to flip and now state has great leverage to make that happen.

I listened to the podcast where the former DA talked about why there were no charges against the Adelsons. I think he’s right. And the new DA must also agree. The Adelsons would blow into Tally with their high priced lawyers and make a mockery of the prosecution. That would be the worst outcome! State should not indict until they feel they can convict and so far they don’t feel that way. Unless KM cooperates.

SG can corroborate what LR has already testified to - the who, what, and why this murder went down -

"I asked him, ‘Why are you going to kill this guy?’ … [Garcia said] ‘Because the lady wants her two kids back. She wants full custody of them kids,’" Rivera continued.

 

[Marysmith]

I thought it was written in April 2016 before any arrests.

What date was the affidavit for probable cause released for Charlie? I can't find that in my notes. Attached is the probable cause affidavit for Charlie Adelson

 

[clearskies1]

I want the Paul Harvey on why Rivera was requested to return to court yesterday by the judge. What did that have to do with? It was soon before the verdict was given and issued by the judge, not the result of a state motion or defense motion that I could see.

Maybe they transported him to be nearby for a penalty phase. As strange as it may seem, maybe he will testify FOR SG in the penalty phase. He is his childhood friend and I'm sure doesn't want SG to get the DP. Also, in his trial testimony, he seemed to kind of blame KM for SG's actions. JMO.

 

[Marysmith]

Maybe they transported him to be nearby for a penalty phase. As strange as it may seem, maybe he will testify FOR SG in the penalty phase. He is his childhood friend and I'm sure doesn't want SG to get the DP. Also, in his trial testimony, he seemed to kind of blame KM for SG's actions. JMO.

Thinking you just solved this query clearskies1!

 

[Weki]

It was Karl Setters who posted that SG said ‘I love you Katie’ and I believe he’s removed it now because I don’t see it in his tweets immediately following the verdict. He’s the only one who tweeted that from what I saw but please someone correct me if I’m wrong. No one else has reported it. And given that he reported the 11-1 poll from heresy I don’t trust his standards at his point. We didn’t hear the jury polled; sometimes they do poll them after a mistrial. I thought his source was one of the attys. But he just reported a rumor!