GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #10

[TTF14]

What would be legal grounds the State would have to prevent the Adelsons from lying testifying for the defense?

 

[GordonX]

What would be legal grounds the State would have to prevent the Adelsons from lying testifying for the defense?

In an interview with the Democrat, Cappleman said she doesn't object to the Adelsons being called as witnesses, but the lawyers "need to make sure they're going to give admissible testimony."
"If they’re not going to offer admissible testimony then they cannot be called as witnesses," she said. "If they’re going to answer questions, I have no problem with it."

 

[TTF14]

In an interview with the Democrat, Cappleman said she doesn't object to the Adelsons being called as witnesses, but the lawyers "need to make sure they're going to give admissible testimony."
"If they’re not going to offer admissible testimony then they cannot be called as witnesses," she said. "If they’re going to answer questions, I have no problem with it."

Presumably, admissable testimony means the truth?

 

[KidonGadol]

Presumably, admissable testimony means the truth?

Non admissible testimony is hearsay and bolstering of witnesses. There are specific words in the trial brief to stop bolstering. I suspect Tara Kawass just wants to parade the Adelsons in front of the jury and say - surely you can't believe that these middle class people had anything to do with a latino hit job ? That begs the question as to where KM got the money from to pay SG and LR.

The great thing about getting them to appear if they really do show is that they will have to have legal representation, one for each. 3 trial lawyers... this is all coming out of family funds and the dental business is kaput. So Georgia / Kawass are bleeding them dry.

KG

 

[KidonGadol]

IMO - Convict KM in February and then arrest the alleged masterminds. If I was CA l'd have a place all ready in Israel or Morocco just like Scott Rothstein did. He's literally had years to set up his escape. As soon as KM is found guilty I'd be on a private jet. If Rothstein just stayed in Morocco he might still be free. I wonder if he regrets it now while sitting in prison for life.

As far as the attorneys go, I have no problem with a vigorous legal defense but I don't like cheating and making a mockery of the justice system to benefit wealthy clients at the expense of the poor.

==================================================
People misunderstand Rothstein's case. The Moroccans will not extradite for economic crimes to the US so he was safe there. For Violent criminal activity they will extradite to the US. It just takes time.

If Rothstein stayed in Morocco he would be free but his wife would be in jail. That's how the prosecutor put pressure on him to return.

If Donna wanted to scarper to Morocco, I think she could do it if she had sufficient funds as long as an arrest warrant was not out for her as soon as KM is convicted.

The case against Donna is pretty weak. However her husband is ailing and she'd have no social support there. As for Israel, No chance. The Markels have relatives there who would beat the drum with the immigration ministry and stop entry. The case is quite well known in Israel.

KG

 

[TTF14]

Non admissible testimony is hearsay and bolstering of witnesses. There are specific words in the trial brief to stop bolstering. I suspect Tara Kawass just wants to parade the Adelsons in front of the jury and say - surely you can't believe that these middle class people had anything to do with a latino hit job ? That begs the question as to where KM got the money from to pay SG and LR.

The great thing about getting them to appear if they really do show is that they will have to have legal representation, one for each. 3 trial lawyers... this is all coming out of family funds and the dental business is kaput. So Georgia / Kawass are bleeding them dry.

KG

Interesting. Thank you for your wisdom.

All I'm seeing at this point in time with this news is "more delays, more delays, more delays" as this gets argued about in various hearings.

 

[Marvin Berry]

Presumably, admissable testimony means the truth?

Cappleman argued in the Motion In Limine that it would be improper to call a witness knowing that they will take the 5th as it could be prejudicial to the jury. The law is fairly clear that the state can't call a witness associated with a defendant knowing they will take the 5th, but not as clear when it is a defense witness (may conflict with 6th amendment for example). That said, I don't believe Cappleman is actually trying to keep the Adelsons off the stand (she'll almost certainly lose that). She wants the list of questions to better prepare a counterpunch. It's a decent strategy.

 

[KidonGadol]

Cappleman argued in the Motion In Limine that it would be improper to call a witness knowing that they will take the 5th as it could be prejudicial to the jury. The law is fairly clear that the state can't call a witness associated with a defendant knowing they will take the 5th, but not as clear when it is a defense witness (may conflict with 6th amendment for example). That said, I don't believe Cappleman is actually trying to keep the Adelsons off the stand (she'll almost certainly lose that). She wants the list of questions to better prepare a counterpunch. It's a decent strategy.

That's a reasonable point. I think what Georgia C is really trying to avoid is Kawass asking the witnesses (read potential defendants) a list of scripted questions that will make them and KM look good and then when the prosecution start prying , they clam up and claim the 5th amendment. But she can ask some interesting questions of her own about statements that are already on record and which they can't deny are on record (I am thinking particularly of Donna). Just by asking the question airs the original statement and the Jury gets to hear that.



KG

 

[GordonX]

"For the first time we've seen, state prosecutors today publicly named Wendi Adelson as a co-conspirator in Dan Markel's murder. As we approach Katie Magbanua's February retrial, it's heartening to see that law enforcement have their eyes set on bringing all conspirators to justice." - Justice For Dan - 1/21/22

 

[dotr]

Adelson family members requested as witnesses by Magbanua's defense team in Markel murder trial (wtxl.com)
"Jan 19, 2022
TALLAHASSEE, Fla. (WTXL) — Documents filed with the Leon County Clerk of Courts Office indicate members of the Adelson family have been requested as witnesses in the upcoming Dan Markel murder trial.

The defense team for Katherine Magbanua made the request in a court filing on Nov. 30, 2021 for Harvey Adelson, Donna Adelson and Charles Adelson to be witnesses.

Markel’s ex-wife, Wendi Adelson, is also listed as a witness.''

Court documents indicate more than 40 individuals have been requested to testify in Magbanua’s upcoming trial.''

 

[Carol1953]

Does the defense want to call the Adelsons knowing they will take the 5th leading the jury to believe that they have something to hide, and thereby creating reasonable doubt as to Magbanua's guilt? The prosecution, I would think, wants to avoid that performance.

 

[KidonGadol]

Does the defense want to call the Adelsons knowing they will take the 5th leading the jury to believe that they have something to hide, and thereby creating reasonable doubt as to Magbanua's guilt? The prosecution, I would think, wants to avoid that performance.

Not only does the prosecution "want to avoid that" , they have put words in the court documents preventing the defense using bolstering techniques. Because G Cappleman has not named everyone that defense is going to call as potential future defendants she can demand to see in writing what they will be questioned about. That puts her in a much better position but of course now there is no chance of using Wendi as a witness against Magbanua, as she did last time .

What would the defense want to question the three Adelson witnesses about ? Well they can ask all sorts of leading questions, knowing the answers.
"Donna - have you at any stage contacted KM on your cell phone and will the records reflect that ? "
Ditto Wendi. **
Donna - have you at any stage in 2014 made large cash withdrawals from the company accounts and given them to either CJA or KM ? Of course the answer is no and bank records will show that.
and so on and so forth ... cherry picking questions to ask that will make it look as if the Adelsons could not have provided instruction or money. [This is all surmising on my part but it might be good strategy given they might be looking at the real possibility of KM being convicted this time around.]

** All contacts with KM were via CJA , which are covered under the camouflage of his then current relationship with KM.
Of course there has been previous testimony that CJA held vast amounts of USD currency in his wall save in his apartment and to pay for the murder from that unaccounted for money would be very easy. But defense won't go anywhere near that in question time.

The question then becomes: if the Adelsons did not pay (and it is clear someone did) - who else wanted Dan Markel dead ? I wonder what Tara Kawass will come up with to explain that ?


KG

 

[Carol1953]

Not only does the prosecution "want to avoid that" , they have put words in the court documents preventing the defense using bolstering techniques. Because G Cappleman has not named everyone that defense is going to call as potential future defendants she can demand to see in writing what they will be questioned about. That puts her in a much better position but of course now there is no chance of using Wendi as a witness against Magbanua, as she did last time .

What would the defense want to question the three Adelson witnesses about ? Well they can ask all sorts of leading questions, knowing the answers.
"Donna - have you at any stage contacted KM on your cell phone and will the records reflect that ? "
Ditto Wendi. **
Donna - have you at any stage in 2014 made large cash withdrawals from the company accounts and given them to either CJA or KM ? Of course the answer is no and bank records will show that.
and so on and so forth ... cherry picking questions to ask that will make it look as if the Adelsons could not have provided instruction or money. [This is all surmising on my part but it might be good strategy given they might be looking at the real possibility of KM being convicted this time around.]

** All contacts with KM were via CJA , which are covered under the camouflage of his then current relationship with KM.
Of course there has been previous testimony that CJA held vast amounts of USD currency in his wall save in his apartment and to pay for the murder from that unaccounted for money would be very easy. But defense won't go anywhere near that in question time.

The question then becomes: if the Adelsons did not pay (and it is clear someone did) - who else wanted Dan Markel dead ? I wonder what Tara Kawass will come up with to explain that ?


KG

 

[Carol1953]

I think defense counsel want to float the theory that Charlie had his own direct relationship with Garcia and that KM knew nothing.

 

[Marvin Berry]

"For the first time we've seen, state prosecutors today publicly named Wendi Adelson as a co-conspirator in Dan Markel's murder. As we approach Katie Magbanua's February retrial, it's heartening to see that law enforcement have their eyes set on bringing all conspirators to justice." - Justice For Dan - 1/21/22

It's interesting that they've waited until now to include Wendi as an unindicted co-conspirator. I still waiver on whether the state's plan to wait until after getting a conviction against KM to move against the Adelson's is wise though. The primary advantage of waiting is Magbanua testifying, and the value of that testimony plummets if she's already been convicted (she has every reason to lie at that point). Waiting also opens the door to the argument that is the subject of this motion in limine--that "poor KM" is on trial while the "rich masterminds" have not even been arrested. That could be a powerful argument to some jurors (and probably was the first time around to at least one of them).

 

[Costcoluvr]

I think the Adelsons paid off the former State Attorney, Willy Meggs. He made the very damaging statement that the evidence they have is only circumstantial, and he retired shortly after making that statement. Payment could have been made through that judge who is a family friend. Most murder trials are conducted on the basis of circumstantial evidence only. Georgia couldn’t backpedal from Meggs’ statement without throwing the administration of justice into disrepute.

 

[KidonGadol]

I think the Adelsons paid off the former State Attorney, Willy Meggs. He made the very damaging statement that the evidence they have is only circumstantial, and he retired shortly after making that statement. Payment could have been made through that judge who is a family friend. Most murder trials are conducted on the basis of circumstantial evidence only. Georgia couldn’t backpedal from Meggs’ statement without throwing the administration of justice into disrepute.

The very fact that the TAllahassee police used the FBI to conduct the sting operation shows they don't trust the Miami police not to act corruptly. The link between the Adelsons and the Latinos is currently only based on multiple sworn statements but that's better than circumstantial evidence. Plus there are the cheques written in number sequence from Donna Adelson to KM for work KM clearly never did at the dental clinic...there is plenty of documentary evidence of the links. The SA cannot expect to find a written contract to kill in case like this.

as for the previous poster M Berry, I think the state's approach is very sound - the state has a photo showin' Wendi and KM down and out by the sea-shor' .. BFFs and smiling. But currently there is no legal proof / conviction that KM was the money carrier for the contract killing payment . If you get that conviction you now have proof that they were friends even if there are no direct texts. That photo has been validated in the last trial by Clariza ? from the Adelson clinic's staff (a business that no longer exists ).


KG

 

[Carneceria]

Is anyone following the story on CA's ongoing lawsuit against Berkshire Life Insurance? Apparently he has chronic back pain from all his years of pulling teeth. He filed for disability insurance in 2016 after throwing his back out while on vacation in the Philippines.

He refuses to answer any questions pertaining to KM but he does go on record claiming he had nothing to do with DM's murder. I've attached the link to the first video.

 

[BSBC]

KM's attorneys and the state have filed a joint motion to postpone the trial, currently set for Feb. 14, to permit a prosecution audio-forensics expert named James McElveen to complete his work. McElveen has apparently been hired to enhance the recording of KM and CA at the Dolce Vita restaurant. Interestingly, the motion says that completion of the audio-enhancement work "could bring an end to this case without the need for a retrial." I guess that can be taken two ways -- the enhanced audio could either: 1) conclusively prove KM's involvement in the murder plot, which could lead to a plea deal; or 2) conclusively disprove her involvement, leading the prosecution to drop the case. (Though these things are rarely so clear-cut.)

The motion does not propose a new trial date but says the continuance need only be "short."

 

[PrairieWind]

KM's attorneys and the state have filed a joint motion to postpone the trial, currently set for Feb. 14, to permit a prosecution audio-forensics expert named James McElveen to complete his work. McElveen has apparently been hired to enhance the recording of KM and CA at the Dolce Vita restaurant. Interestingly, the motion says that completion of the audio-enhancement work "could bring an end to this case without the need for a retrial." I guess that can be taken two ways -- the enhanced audio could either: 1) conclusively prove KM's involvement in the murder plot, which could lead to a plea deal; or 2) conclusively disprove her involvement, leading the prosecution to drop the case. (Though these things are rarely so clear-cut.)

The motion does not propose a new trial date but says the continuance need only be "short."

That is interesting. Since the defense is joining in the motion for the delay to get the enhanced recording, they must believe it will be helpful.