GUILTY FL - Dan Markel, 41, FSU Law Professor, Tallahassee, 18 July 2014 *arrests* #11

[Weki]

Wouldn’t it be unethical for the lawyers to defend her knowing their fee is being paid by a party that has a huge conflict of interest with their client? The fact that she’s willing to risk life in prison to save CA is nuts. I believe it was 11-2 for guilty last time. And defense is going for retrial with those odds? It makes no sense. If she cut a deal she wouldn’t need anyone to pay atty fees. It really boggles the mind as to why she isn’t cooperating by now.

 

[bbkitty]

I have two burning questions:

1) Are any of KM's extended family, who are allegedly paying her legal fees, supporting her in the court room, and if so, were they in attendance at the first trial?
2) Is WA's friend Tova still supporting her innocence?

 

[vislaw]

Wouldn’t it be unethical for the lawyers to defend her knowing their fee is being paid by a party that has a huge conflict of interest with their client? The fact that she’s willing to risk life in prison to save CA is nuts. I believe it was 11-2 for guilty last time. And defense is going for retrial with those odds? It makes no sense. If she cut a deal she wouldn’t need anyone to pay atty fees. It really boggles the mind as to why she isn’t cooperating by now.

I share your skepticism, but the issue was presented to the satisfaction of the prior judge, who we all respect. Therefore, you have to assume that there were not any ethical issues that gave the judge pause. That said, I also can’t believe she didn’t take a full immunity deal that apparently was offered early on. stupid stupid stupid!!!!

 

[GordonX]

IMO - KM was promised a huge pot of gold at the end of the rainbow when this is all over if she keeps her mouth shut. Maybe like $1M lump sum tax free. $1M isn't a lot of money in the grand scheme of things but it is to someone like KM. And she's been assured by her "independent" "unbiased" "no conflict of interest" bought and paid for crack defense team from Penthouse One that they will get her off so in her mind this is easy money save for the rotting in jail for the last X years. This was not supposed to go on this long but after the first trial she was already in too deep and too invested. In for a penny, in for a pound. This is her lottery ticket. This is her Faustian Bargain. This is her deal with the Devil.

 

[BearWatcher]

Oh - I like the judge for this trial. He is very no nonsense and quite firm. He knows his stuff and has put the male defense atty in his place several times.

I’ve noticed the judge watching him at times during the trial I thought Decoste seemed to ‘flirt’ with someone(s) on the jury the previous trial. May have been my imagination, but notice how he gazes over at the jury at times. May be doing it less with the judge’s watchful eyes on him

 

[Weki]

I’ve noticed the judge watching him at times during the trial I thought Decoste seemed to ‘flirt’ with someone(s) on the jury the previous trial. May have been my imagination, but notice how he gazes over at the jury at times. May be doing it less with the judge’s watchful eyes on him

Haha! The defense attys Decoste and Kawass def have more energy and a bit of vavavoom going on. They are charming. Cappelman on the other hand puts me to sleep. She seems low energy and rushes through things. I think the last jury was hung at least in small part due to her performance.

 

[GordonX]

Haha! The defense attys Decoste and Kawass def have more energy and a bit of vavavoom going on. They are charming. Cappelman on the other hand puts me to sleep. She seems low energy and rushes through things. I think the last jury was hung at least in small part due to her performance.

Well GC got a conviction on SG and she almost got a conviction on KM 10-2 save for the 2 SJW jurors. This trial she can be laser focused on KM.

 

[opt]

Excellent detailed description of today's long session, including all the surveillance audio clips:

Markel Trial Day 8: Defense corners itself, State rests its case

'What I'm saying is, is that this person is not going away.'

floridapolitics.com

DeCoste went for Sanford’s throat, but by the end of his cross-examination, the attorney had only cornered himself.

 

[jbc]

does Katie possibly think that both she and Charlie will get off, based on her perception of Charlie being so legally astute from the conversations they had? Or, how can be so sure that her kids will benefit from a potential big money payoff, whether she sits in jail forevermore or miraculously wins at trial? There is the perception that she has street smarts, but frankly her IQ is far below JU if this how she has been thinking. Even Rivera is smarter when he says “you can’t beat the Feds”.

I don’t think she’s that dumb. Could it be that Katie is being held to some Latin king standard in the community, that perhaps her kids’ lives will be endangered if she snitches - if not now but at some random moment in the future?

Also, why not have Katie testify at this point? I think DeCoste has only hurt her badly by looking sometimes like a first year law school graduate. We know Katie lies (see the epic 1975 Steely Dan album), and she can humanize herself as a struggling single mom. Much higher probability of swaying a juror (there must be a single mom on the panel) than if Garcia gets up there (nobody sympathizes with Garcia and he’ll be destroyed by Georgia). Hail Mary, I know.

 

[clearskies1]

does Katie possibly think that both she and Charlie will get off, based on her perception of Charlie being so legally astute from the conversations they had? Or, how can be so sure that her kids will benefit from a potential big money payoff, whether she sits in jail forevermore or miraculously wins at trial? There is the perception that she has street smarts, but frankly her IQ is far below JU if this how she has been thinking. Even Rivera is smarter when he says “you can’t beat the Feds”. sheesh.

Could she be afraid for herself and her family if she turns state's evidence? JMO.

 

[Mariposa]

Maybe it’s unfair of me but I just find DeCoste’s style so off putting. I much prefer the way T Kawass questions witnesses.

 

[jbc]

Could she be afraid for herself and her family if she turns state's evidence? JMO.

In some sort of deal, couldn’t she negotiate being put in a witness protection program? Somewhere in the mountains of New Mexico, or the Everglades where no one would ever find her and her family? (I’ve been to such a place in NM where they put snitches - but I think those were federal witnesses, a major distinction).

 

[Mariposa]

Excellent detailed description of today's long session, including all the surveillance audio clips:

Markel Trial Day 8: Defense corners itself, State rests its case

'What I'm saying is, is that this person is not going away.'

floridapolitics.com

From the Florida Politics summary - whoa:

In that call, Charlie gets upset. He goes on a rant to Magbanua, suggesting that maybe someone in his family owes someone money and that he wants to get to the bottom of it. “If it was my brother who was behind this, I’m going to find out. I’ll turn him in for the reward money. My brother’s a piece of *advertiser censored*.”

Charlie was referring to his older brother, Robert Adelson, who is a sympathetic outlier from the other four members of his nuclear family. In her testimony last week, Wendi Adelson acknowledged she has “no relationship” with her brother Robert, and those watching the case closely can see evidence of why. Robert participated in the Over My Dead Body podcast, sharing details about growing up with the principals considered to be co-conspirators in the murder of his former brother-in-law, and has “liked” various posts on Justice for Dan regarding Charlie’s arrest and the Markel family’s extensive efforts to reunite with their grandsons, his two nephews. This wasn’t the first time Charlie was heard on wiretaps suggesting a desire to pin the murder on his innocent, upstanding brother.

 

[Niner]

for Wednesday, May 25th - Day 6

FBI Agent Patrick Sanford continued...


Last tweet:
DeCoste's questioning is focused on Luis Rivera's statement to law enforcement. For instance, when Rivera testifies he saw Wendi Adelson near Dan Markel's house. The judge is reading a stipulation of the Markel kids pick up and drop off schedule.


Jada E. Williams
@JadaEWilliams
·
11h
Markel dropped off and picked up his kids from preschool Monday morning through Wednesday morning. Wendi Adelson picked the kids up Wednesday and dropped them off Thursday morning. Dan Markel picked them up Thursday and had just dropped them off before his death.

"We have to take your word based on your memory because there's no recording?" DeCoste asks Sanford in regards to why his proffer with Luis Rivera wasn't recorded. Sanford says at the time, it wasn't policy to record proffer.

DeCoste is now talking about the cost of an undercover bump. Personnel, planes, safety means, etc.

Sanford says the reason they didn't make a copy or photo of the ransom note was because tpd and fbi couldn't agree on a number to wire and the undercover had to hurry out the door to meet donna adelson. DeCoste asks if he knows EXACTLY what was written on it.

"He tells you it was an owl, right? Not a lion." Sanford says Rivera told him he posted a picture of an owl on Instagram while in Tallahassee for the murder. DeCoste questions if there was ever a warrant sent to Facebook for Rivera's records.

"Is the reason why this was never requested is the deeper we dig into Rivera, the more inconsistencies we'll find?" Sanford answers "Absolutely not."

Defense just wrapped a lengthy cross examination. ASA Georgia Cappleman returns for redirect.

State attorneys have rested their case in the Katherine Magbanua retrial. Defense will start in the morning.


link: https://twitter.com/JadaEWilliams

 

[KidonGadol]

Wouldn’t it be unethical for the lawyers to defend her knowing their fee is being paid by a party that has a huge conflict of interest with their client? The fact that she’s willing to risk life in prison to save CA is nuts. I believe it was 11-2 for guilty last time. And defense is going for retrial with those odds? It makes no sense. If she cut a deal she wouldn’t need anyone to pay atty fees. It really boggles the mind as to why she isn’t cooperating by now.

She won't pay attny fees anyway . That's not a consideration Ma Adelson or one of her friends is looking after that. AS long as KM keeps her trap shut and does not implicate the family. SHe's not risking life in prison but for a solicitation for a C L 1 Felony in FL you can get up to thirty years. (if you solicit for class one felony murder you get sentenced as if you committed a class 2 homicide , if if as always you are convicted.)


It was 10-2 for KM being guilty at Mark I. Americans don't do 13 member juries. They are nervous and superstitious people . THere was a rumour or theory that the jury did not ask for the death sentence for SG as there was minute doubt as to who the real gunman was and the jury knew exactly who did the deal with the state.


The Lawyers will likely be paid through some sort of blind trust. It might even be based offshore - like Jamaica (that's where Tara Kawass comes from). .. Virgin islands.. Ask David O Marcus as a starting place. At trial one Kawass and deCoste had an in chambers discussion with Judge Marginson and he was willing to accept whatever details they give him of fee payment. G Cappleman was bringing this matter up in the trial, possibly even before the jury and it had to be dealt with. That judge is no fool. There must have been a solid brick wall between the Adelsons and how the money was being paid.

 

[Niner]

Thursday, May 26th:
*Trial continues (Day 7) (@ 8:30am 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 1st 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 & the jury started deliberations on 10/10-10/11/19 with a total of 11 hours of deliberations. They found Garcia guilty. A mistrial declared for Magbanua. (10-2 for guilty). Will remain in jail as a charged co-conspirator & the State will try her case again.
Re-Trial began on 5/16/22 with jury selection. 12 jurors & 2 alternates (7 women & 7 men). Trial began on 5/18/22. (should last 2-3 weeks). The State rested their case on 5/25/22.
Court info & trial from 9/23/19 thru 5/13/22 & Jury Selection Days 1-2 (5/16-5/17/22) & Trial Day 1-5 (5/18-5/24/22) reference post 551 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-28
5/25/22 Wednesday, Trial Day 6: State witness: FBI Agent Patrick Sanford. He was involved in investigating the murder. Juror heard the Dolce Vita tape, listened to Charlie Adelson & Donna Adelson's phone calls & calls between Charlie & Magbanua & jail calls between Magbanua & Garcia.
for more info see post #557 to 559 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-28
State witness: FBI Agent Patrick Sanford continued.
for more info see post #567 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-29
State witness: FBI Agent Patrick Sanford continued.
for more info see post #597 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-30
State rested their case. Trial continues on 5/26/22.
Accomplices:
*Charles Jay Adelson (45) – First appearance & bond hearing on 4/26/22. 4/26/22: Bond denied. Defense attorney asks for an Arthur hearing. No further info or dates yet as 5/15/22.
*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 mom Donna Sue Adelson (68) & father Harvey Adelson. Investigators have not charged any of these people in the Adelson family in connection with Markel’s death, except Charlie; but say Adelson’s mother & brother – Donna & Charlie Adelson – paid $100K to have Markel killed following the couple’s contentious divorce so their two young sons could move to South Florida.

 

[minusfour]

I thought Harvey was just a General Practice Dentist? How can a little one man shop practicing general dentistry working 4 days a week in a suburban town generate $2M/Year?

In short, it's simply not possible. I thought Harvey was a periodontist, (like CA, but I could certainly be wrong), and I thought CA worked there too. (Two periodontists probably could gross that much) General dentists, doing general work, especially only four days a week, couldn't bring in one million a year. Maybe if they did orthodontics, and cosmetic work, and worked super hard, maybe then they could bring in one million? (Seems unlikely to me. I'm not in the US, but I do hang around lots of US dental FB sites, and with the insurance system there, the income seems to be lower than in Australia. Our costs are higher though)
I remember looking at the Institute's webpage and being unimpressed. It was a small, shabby, practice.

 

[minusfour]

I've been advised that HA was doing mostly cosmetic dental work. This can be very lucrative, much more so than general dental work, (but does have higher costs for the dental practice too).

 

[Dorothy Jane]

Haha! The defense attys Decoste and Kawass def have more energy and a bit of vavavoom going on. They are charming. Cappelman on the other hand puts me to sleep. She seems low energy and rushes through things. I think the last jury was hung at least in small part due to her performance.

At first I thought that about GC. However - I spent the weekend while I worked at my PT Job watching the trial in full. I did a 180 on GC. I LOVE HER. I think she is so calm... so soothing almost. I think compared to the defense attys she comes off as being very well prepared and easy going. Very methodical and almost folksy in that her questions are very easy to understand. As as they say, you should write to an 8th grade level. I think she has mastered speaking to an 8th grade level which is not intended to be derogatory. It simply means almost any grown adult with a HS education could easily understand what is being said.

 

[Snoop Sister]

At first I thought that about GC. However - I spent the weekend while I worked at my PT Job watching the trial in full. I did a 180 on GC. I LOVE HER. I think she is so calm... so soothing almost. I think compared to the defense attys she comes off as being very well prepared and easy going. Very methodical and almost folksy in that her questions are very easy to understand. As as they say, you should write to an 8th grade level. I think she has mastered speaking to an 8th grade level which is not intended to be derogatory. It simply means almost any grown adult with a HS education could easily understand what is being said.

I agree with your assessment of GC. IMO, the defense Atty Decoste appears arrogant and Kawass is either overly dramatic or seems bulling in her approach to the crowns witnesses.