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

[KidonGadol]

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."

This is all BS. The original audio was awful. It was enhanced months back and is now not so bad esp where Charlie is speaking. Mentour lawyer has posted it on the internet including video. Why are KM's lawyers posting something to allow the prosecution more time... this makes no sense at all. There is virtually no Magbanua audio audible in the clips I have heard. Charlie is doing all the talking (and his body language shows he is very nervous). Unfortunately when talking about scenarios involving cars and shooting he uses words like hypothetical before starting his statements.
So do we now have an enhancement of an enhancement ?
KG

 

[GordonX]

Dan Markel murder: Magbanua defense team asking for another stay with trial just weeks away
Karl Etters
Tallahassee Democrat
January 31, 2022

Dan Markel Murder: Magbanua trial may be delayed again

 

[Marysmith]

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.

Very interesting. Hmmm… wouldn’t think pulling teeth would be a top career leading to back pain…

 

[dotr]

Very interesting. Hmmm… wouldn’t think pulling teeth would be a top career leading to back pain…

Sad, but true.
Prevalence of and risk factors for low back pain among dentists (nih.gov)
''Dentists are at high risk for neck and back pain. Awkward working postures, repetitive work, and prolonged standing can result in damage to muscles, joints, bones, ligaments, tendons, nerves, and blood vessels, which can then lead to pain, fatigue, and various MSDs. The type of pain varies, ranging from a stiff feeling to definite pain. Low back pain (LBP) is the most frequent complaint, and almost all dentists worldwide have experienced this during their careers2,3,4).

Get A Grip: How to Improve Your Hand Strength And Wrist Mobility | Nerd Fitness | Grip strength, Wrist hurts, Nerd fitness (pinterest.ca)

 

[GordonX]

IMO - around 2018 or so the the 30-40 dental offices that CA worked with decided to no longer do business with him because all of the bad press and ugly facts that surfaced and they didn't want to be associated with an alleged murderer. with his name now mud in the minds of patients, offices, and the general public, he decided that he might as well cash in on his disability insurance policy. it could be $15K+/month in tax free benefits with very loose contract language for him to qualify given his very specialized occupation, skills, education. and back injuries are very hard to disprove. he did a calculation that the insurance benefits were now worth as much or more than his earned income - especially given taxes. anyone that allegedly committed murder for hire is not above insurance fraud. this is not a guy with morals and scruples! and Markus, DeCoste, Kawass, et al have to get paid somehow!!!

 

[Gardenista]

Very interesting. Hmmm… wouldn’t think pulling teeth would be a top career leading to back pain…

Back and neck issues are very common in dentists and surgeons.

 

[Niner]

Tuesday, February 1st:
*Motions Hearing (to continue trial) (@ 3pm ET) - FL – Daniel Eric Markel (41) (shot to death July 18, 2014, Tallahassee) - *Katherine Magbanua (32/now 37) (Garcia's wife) arrested (Oct. 2016) & charged with first-degree murder & 1 count conspiracy & 1 count solicitation of murder were brought together into one case on Tuesday (3/20/18). Plead not guilty. Held without bond.
Murder for Hire hit man. They split a $100K payoff for murder KM has rejected several offers of immunity for her testimony.
First trial started on 9/23/19. Jury: 10 women & 2 men & 1 alternate (woman); was 2 alternates one (man) got sick & excused on 10/3/19. Jury Deliberations on 10/10/19: 4.5 hours. 10/11: 6.5 hours for guilty verdict on Garcia. Mistrial declared for Magbanua. (10-2 for guilty). Total 11 hours. Will remain in jail as a charged co-conspirator, and the State will try her case again.
Re-Trial set to begin on 2/14/22 with jury selection & expected to last about 2 weeks could be reset.
Court info & trial from 9/23/19 thru 9/10/21 reference post #723 here:
MISTRIAL - FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #10
9/17/21 Update: There are two motions up for discussion in the Magbanua case - one to disqualify the prosecutor & another to continue the trial. Magbanua is virtually present from the Leon County Detention Center. Tara Kawass, one of Magbanua’s attorneys says the state used a demonstrative that the defense never saw until it was presented in court. Says they were deprived of options to fully vet the evidence. Kawass says there were mistakes in the call record visuals. The hearing lasted just over an hour, with discussions on jury selection, discovery and evidence procedures & deadlines, and the date of the trial. Response to Motion 1: Judge Wheeler says there is no evidence of misconduct or intent regarding testimony from Sgt. Corbett. Says there is no prejudice moving forward regarding steps for the upcoming trial. Motion 1 to disqualify is denied. The court is now moving on to the motion to continue trial. Attorney Chris DeCoste for Magbanua is handling this motion. Safety is the biggest concern as COVID continues to spread. Judge Wheeler has delayed the upcoming murder trial of Magbanua. A new trial date has been set for 2/14/22. Following jury selection, the trial is expected to last about two weeks. The case management hearing on 12/9/21.
12/9/21 Update: Defense had one witness they wished to take a deposition from but has gone overseas. Name of witness is Ramsi Naber (from the Fate Nightclub). The additional witnesses that defense wants to depose are Agent McKleveen from the FBI (on the audio enhancement of the Dolce Vita restaurant recording) & Luis Rivera. Who is still in the facility in AZ as he did not want to come back to FL to do the Markel component of his sentence as he was concerned of retribution from the Latin Kings in a FL jail. DeCoste says he wants to check that Rivera really wrote the letters requesting he remain in the Federal facility in AZ. Next pretrial hearing on 2/3/22.
1/18/22 Update: Magbanua's defense team looking to call Adelson family as witnesses in Markel murder trial. Prosecutors are objecting to Magbanua’s defense attorneys calling alleged co-conspirators in Markel’s murder as witnesses in her upcoming trial because they may have invoked their rights against self-incrimination. Her defense team last month filed an amended witness list which includes Markel’s former in-laws, who prosecutors have alleged are the financiers behind the murder-for-hire plot. Harvey, Donna & Charlie Adelson have all denied any involvement in the murder & have not been charged by prosecutors. They are among 10 defense witnesses listed in the Nov. 30 filing in Leon County Circuit Court. The list also includes WCTV news anchor & reporter Julie Montanaro & Markel’s ex-wife Wendi Adelson. Rivera & Garcia are expected to testify about Magbanua.
1/30/22 Update: Joint Motion to Continue trial set for 2/14/22 to permit a prosecution audio-forensics expert named Agent James McElveen from the FBI to complete his work. McElveen has apparently been hired to enhance the recording of KM & CA at the Dolce Vita restaurant. The motion says that completion of the audio-enhancement work "could bring an end to this case without the need for a retrial." Hearing set for 2/1/22 @ 3pm.
Accomplices:
*Sigfredo Garcia (34) – 10/10/19: found guilty of 1st degree murder. Guilty of conspiracy. Not guilty of solicitation. Sentenced to LWOP for murder plus 30 years for conspiracy charge. 11/4/19: Motion to Withdraw as Counsel: Mauricio Padilla; Motion to Withdraw as Counsel: Saam Zangeneh
*Luis Rivera (33) charged with 1st degree murder. Took a plea deal (Oct. 2016) & plead guilty to 2nd degree murder. Will testify against Garcia & Magbanua. Will receive 19-year sentence to run concurrently with his 12 year Federal time, which he is already serving.
POIs: Wendi Adelson (ex-wife of Markel), her bro Charlie, mom Donna Sue Adelson (68) & father Harvey Adelson. Investigators have not charged anyone in the Adelson family in connection with Markel’s death, but say Adelson’s mother and brother – Donna and Charlie Adelson – paid $100,000 to have Markel killed following the couple’s contentious divorce so their two young sons could move to South Florida.

 

[Niner]

If you are wondering where this hearing - above ^^ came from:


Magbanua’s Miami defense attorneys Chris DeCoste and Tara Kawass are asking Circuit Judge Robert Wheeler to continue her trial on charges of murder, conspiracy to commit murder and solicitation of murder in connection with the death of Florida State law professor Dan Markel.

Magbanua, 37, was set to appear before a jury starting Feb. 14. A hearing to decide whether to continue the trial has been set for 3 p.m. Tuesday.

link: Dan Markel murder: Magbanua trial may be delayed again

 

[Niner]

Also from the article link I posted above:

Pretrial court hearings are scheduled for Wednesday, 2/2/22 & Thursday, 2/3/22 to determine what evidence may be excluded as well as whether alleged yet un-indicted co-conspirators in the Adelson family will have to testify. Her attorneys are set to argue that a number of video & audio recordings taken in the course of investigating the 2014 homicide should not be allowed in court.

I had her next hearing as 2/3 - so moving over for tomorrow.

 

[TTF14]

If you are wondering where this hearing - above ^^ came from:


Magbanua’s Miami defense attorneys Chris DeCoste and Tara Kawass are asking Circuit Judge Robert Wheeler to continue her trial on charges of murder, conspiracy to commit murder and solicitation of murder in connection with the death of Florida State law professor Dan Markel.

Magbanua, 37, was set to appear before a jury starting Feb. 14. A hearing to decide whether to continue the trial has been set for 3 p.m. Tuesday.

link: Dan Markel murder: Magbanua trial may be delayed again

Surprise, surprise. Ugh.

Dan Markel murder: Magbanua defense team asking for another stay with trial just weeks away

 

[dotr]

Feb 1 2022 rbbm.
Magbanua retrial could be delayed again (wctv.tv)
''A motion filed Monday says the state hired James Keith McElveen — who spent nearly a decade in audio forensics for the CIA — to enhance the recording. When defense attorneys deposed him on Jan. 20, they say they learned he and two FBI agents recently traveled to Miami to obtain acoustic recordings at the restaurant, and it would take “several more weeks to complete his work.”

“The government hopes the end product will support their case theory whereas undersigned is confident it will contain exculpatory evidence for Ms. Magbanua. Whatever the case, time is needed for Mr. McElveen to complete his work, which could bring an end to this case without the need for a retrial,” defense attorneys wrote.

Magbanua’s retrial is scheduled to start Feb. 14 with a series of pre-trial hearings slated to start later this week.

Court administrators have already sent out 500 jury summons and are expecting 200 jurors to report in the Magbanua case over the span of the first two days.''

 

[TTF14]

Feb 1 2022 rbbm.
Magbanua retrial could be delayed again (wctv.tv)
''A motion filed Monday says the state hired James Keith McElveen — who spent nearly a decade in audio forensics for the CIA — to enhance the recording. When defense attorneys deposed him on Jan. 20, they say they learned he and two FBI agents recently traveled to Miami to obtain acoustic recordings at the restaurant, and it would take “several more weeks to complete his work.”

“The government hopes the end product will support their case theory whereas undersigned is confident it will contain exculpatory evidence for Ms. Magbanua. Whatever the case, time is needed for Mr. McElveen to complete his work, which could bring an end to this case without the need for a retrial,” defense attorneys wrote.

Magbanua’s retrial is scheduled to start Feb. 14 with a series of pre-trial hearings slated to start later this week.

Court administrators have already sent out 500 jury summons and are expecting 200 jurors to report in the Magbanua case over the span of the first two days.''

Red by me - So they are saying what's on the restaurant recording is going to exonerate KM?

 

[dotr]

At one time it was the phone and bank records.
Sept 10 2021 rbbm.
Magbanua attorneys look to disqualify prosecutors over evidence exhibits (tallahassee.com)
''Attorneys for Katherine Magbanua are seeking to disqualify prosecutors, who allege she was involved in the plot to kill Dan Markel, saying they intentionally provided the jury misleading evidence and left out information that was exculpatory during her first trial.

''The exhibits include phone and bank records for Magbanua that they say not only were inaccurate but contained information kept from the jury that may have provided evidence in her favor''

“That confidence no longer stands here. This misconduct of the prosecution was discovered by happenstance. Who is to say that more does not exist?”

 

[BSBC]

Trial delayed until May. Hearing on motions in limine postponed as well.
UPDATE: Magbanua retrial delayed until May

 

[JerseyGirl]

Dan Markel murder: Another trial delay for Katherine Magbanua

 

[Marysmith]

Sad, but true.
Prevalence of and risk factors for low back pain among dentists (nih.gov)
''Dentists are at high risk for neck and back pain. Awkward working postures, repetitive work, and prolonged standing can result in damage to muscles, joints, bones, ligaments, tendons, nerves, and blood vessels, which can then lead to pain, fatigue, and various MSDs. The type of pain varies, ranging from a stiff feeling to definite pain. Low back pain (LBP) is the most frequent complaint, and almost all dentists worldwide have experienced this during their careers2,3,4).

Get A Grip: How to Improve Your Hand Strength And Wrist Mobility | Nerd Fitness | Grip strength, Wrist hurts, Nerd fitness (pinterest.ca)

Ok. My bad. I’m wrong. Thanks!

 

[Marysmith]

Back and neck issues are very common in dentists and surgeons.

Yes, my mistake!

 

[Marysmith]

IMO - around 2018 or so the the 30-40 dental offices that CA worked with decided to no longer do business with him because all of the bad press and ugly facts that surfaced and they didn't want to be associated with an alleged murderer. with his name now mud in the minds of patients, offices, and the general public, he decided that he might as well cash in on his disability insurance policy. it could be $15K+/month in tax free benefits with very loose contract language for him to qualify given his very specialized occupation, skills, education. and back injuries are very hard to disprove. he did a calculation that the insurance benefits were now worth as much or more than his earned income - especially given taxes. anyone that allegedly committed murder for hire is not above insurance fraud. this is not a guy with morals and scruples! and Markus, DeCoste, Kawass, et al have to get paid somehow!!!

I agree!! IMO.

 

[Marysmith]

Feb 1 2022 rbbm.
Magbanua retrial could be delayed again (wctv.tv)
''A motion filed Monday says the state hired James Keith McElveen — who spent nearly a decade in audio forensics for the CIA — to enhance the recording. When defense attorneys deposed him on Jan. 20, they say they learned he and two FBI agents recently traveled to Miami to obtain acoustic recordings at the restaurant, and it would take “several more weeks to complete his work.”

“The government hopes the end product will support their case theory whereas undersigned is confident it will contain exculpatory evidence for Ms. Magbanua. Whatever the case, time is needed for Mr. McElveen to complete his work, which could bring an end to this case without the need for a retrial,” defense attorneys wrote.

Magbanua’s retrial is scheduled to start Feb. 14 with a series of pre-trial hearings slated to start later this week.

Court administrators have already sent out 500 jury summons and are expecting 200 jurors to report in the Magbanua case over the span of the first two days.''

Maybe I just don’t understand but how are they just getting to this? Shouldn’t they have looked at enhancing it prior to this?

 

[KidonGadol]

I agree!! IMO.

Good theory but this claim seems to date back to 2016. Charlie is a WINNER. He allegedly had the injury in the Philippines. There are no medical records. He has thought this through. I wonder if David Markus is working on this heist for him. THe other point is that the dental office of his father was on the ropes within a few yrs of the murder so he had to work as a locum for other dentists. If the patients of that dentist don't want to be treated by him, then he's very replaceable. As the Aussies say "I could not have happened to a nicer guy ..." KG