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

[vislaw]

I believe this brings that early jury question into focus. They were trying to figure out if SG was guilty of solicitation if LR didn't premeditate and didn't know it was going to be a murder job (weak, I know, but I can see how some jurors may have been hung up on that issue given LR's testimony).

 

[Gardenista]

but wait ... they found SG not guilty for solicitation. that may say something as to what they think about KM involvement

They said they were hung on all 3 of her charges

 

[katiecoolady]

Maybe that witch is crying because she did not get NG. I hope they don't swing from hung to NG. How awful would that be?

No way, never gonna happen.

 

[robocp01]

I'm guessing there is a holdout or two - and it's emotional because as far as I see - the evidence is there IMO.

Agreed how can they convict him on conspiracy to commit murder and not have KM on at least a couple of the other charges.

 

[SeaEclipse]

I believe this brings that early jury question into focus. They were trying to figure out if SG was guilty of solicitation if LR didn't premeditate and didn't know it was going to be a murder job (weak, I know, but I can see how some jurors may have been hung up on that issue given LR's testimony).

But, like, he eventually convinced him to do it... that's still solicitation. Even LR said he knew what was happening by the time it happened.

 

[dotr]

Sigfredo Garcia Guilty in Murder of FSU Law Professor Dan Markel, But Jury Currently Hung on Katherine Magbanua
Russon @cathyrusso

#MarkelMurder - Garcia GUILTY on Counts 1 & 2. First-degree murder and Conspiracy to Commit Murder. NOT GUILTY on count 3 Solicitation to Commit Murder.





2:52 PM - Oct 11, 2019

 

[Weki]

Apparently one juror was also sobbing, according to tweet from a local reporter. Wow. There's def sympathy for Katie that's influencing some person or persons on this jury. Has to be! That's the only thing that makes sense. Hope the others hold out and go hung instead of NG.

 

[scadagirl28]

GC : Did you call LR on the day of the money drop ?
KG: YES

 

[SeaEclipse]

Agreed how can they convict him on conspiracy to commit murder and not have KM on at least a couple of the other charges.

They can buy her attorney's theory that he conspired directly with the Adelsons. You can have unindicted co-conspirators in support of a conspiracy charge. The state clearly argued that the As were in on the conspiracy, so that's legally sound.

 

[YESorNO]

Jacob Murphey‏ @jmurpheyWCTV 2m2 minutes ago
Outside the courtroom, Garcia’s attorney says Sigfredo thanked him for fighting for him after hearing the verdict

 

[vislaw]

They said they were hung on all 3 of her charges

Indeed. Smells like a holdout to me. I'm finding myself hoping they hang so the prosecution can take a second shot. If that occurs, KM's testimony will turn out to be a huge gift as they can now impeach her on a number of points. Subpoena DM and CA to testify on her employment too (or, better yet, charge both of them). Make them plead the 5th -- get some real pressure on that family.

 

[oviedo]

Sigfredo Garcia Guilty in Murder of FSU Law Professor Dan Markel, But Jury Currently Hung on Katherine Magbanua
Russon @cathyrusso

#MarkelMurder - Garcia GUILTY on Counts 1 & 2. First-degree murder and Conspiracy to Commit Murder. NOT GUILTY on count 3 Solicitation to Commit Murder.





2:52 PM - Oct 11, 2019

A defendant may be charged with solicitation if he or she requests or induces another person to commit an act that would amount to a felony. The two elements of solicitation are the intent to have someone else commit a crime and an act committed in furtherance of convincing another person to commit a crime.Apr 25, 2018
Criminal Solicitation | Justia

Is it likely they didn't think SG did the soliciting? That he was the one solicited? so therefore Not Guilty? I remember we went through some discussion on Kelsey B's thread about solicitation and what it means... JMO

 

[amicusnole]

Hey Cappleman, when you try Katie next time, for God's sake, try Charlie A with her.

 

[Gypsy Road]

Indeed. Smells like a holdout to me. I'm finding myself hoping they hang so the prosecution can take a second shot. If that occurs, KM's testimony will turn out to be a huge gift as they can now impeach her on a number of points. Subpoena DM and CA to testify on her employment too (or, better yet, charge both of them). Make them plead the 5th -- get some real pressure on that family.

I’m with you! Maybe if it’s a hung jury - it will truly be a gift to the prosecution.

 

[SeaEclipse]

GC : Did you call LR on the day of the money drop ?
KR: YES

Even though I 100% think she's guilty, I don't think this answer is as incriminating as others seem to. She's been in court the whole time. To pretend she didn't know what day the money drop occurred on per the prosecution's theory would seem more evasive to me.

ETA: She obviously should have caveated her answer more, but I think that's just evidence of her not being very bright, not necessarily guilt (especially since her theory still admits the crime occurred in roughly the same way the prosecution claims it did, just without her as the middleperson).

 

[phillaw]

This is interesting. Columbus Day isn’t a major holiday, but lots of people still have plans they might not want to disrupt.

EvidenceProf Blog: The Allen Charge or: Why You Don't Want Your Trial to End Just Before the Holidays

 

[dotr]

Sigfredo Garcia found guilty of first degree murder in Markel trial
Replying to @jmurpheyWCTV
Judge asks jury to go back and ask each juror about weakness in each juror’s position. After that, return to courtroom and will declare a mistrial
And to clarify- that would be a mistrial for Magbanua’s case.

"Markel’s family has been sitting in the courtroom throughout the trial."

 

[Gypsy Road]

If it’s hung, Will KM have to remain in jail until the decision is made to retry the case?

 

[clearskies1]

Maybe the NG on solicitation was because no testimony that he literally asked LR to pull the trigger - that LR took on certain roles of his own accord/wasn't asked to do specific things?? Who knows? Doesn't really matter because convictions on other counts. JMO.

 

[vislaw]

If it’s hung, Will KM have to remain in jail until the decision is made to retry the case?

A defendant can always seek revision of bail, but there would be no significant change in conditions to warrant her release. I'm quite sure she's going to remain where she is if the jury hangs. We went through this on the Oakland Ghost Ship trial. The jury acquitted Max Harris and hung on Derrick Almena. He's been cooling his heels in jail and is now facing retrial in March.