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

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Tara Kawass' Opening Statement:

"Now I want to be clear from the very beginning. Because the State and I can actually agree on two very important points about this case:

Number 1? Charles Adelson had Dan Markel killed. We absolutely agree with that.

Number 2? Luis Rivera and Sigfredo Garcia carried out the hit for Charlie Adelson. We agree with that too.

What we do not agree on was whether or not Katherine Magbanua knew about a plan to have Dan Markel killed. That is the only thing we do not agree on.

Now, we don't have a burden in this case. I know you guys remember because we went over this - over and over and over in jury selection. That we don't have a burden and the burden completely rests on the State. But Mr. Decoste and I are going to have to do something very different in this case. We are going to prove to you beyond any doubt that Charles Adelson conspired directly with Sigfredo Garcia behind Katie's back to have Dan Markel killed. "
 
Blue Shakehead said:
Tara Kawass' Opening Statement:

"Now I want to be clear from the very beginning. Because the State and I can actually agree on two very important points about this case:

Number 1? Charles Adelson had Dan Markel killed. We absolutely agree with that.

Number 2? Luis Rivera and Sigfredo Garcia carried out the hit for Charlie Adelson. We agree with that too.

What we do not agree on was whether or not Katherine Magbanua knew about a plan to have Dan Markel killed. That is the only thing we do not agree on.

Now, we don't have a burden in this case. I know you guys remember because we went over this - over and over and over in jury selection. That we don't have a burden and the burden completely rests on the State. But Mr. Decoste and I are going to have to do something very different in this case. We are going to prove to you beyond any doubt that Charles Adelson conspired directly with Sigfredo Garcia behind Katie's back to have Dan Markel killed. "
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To me that was not proven.
 
Congrats to Ms Dugan for an excellent cross today. Persistent and substantive. I didn’t detect the “Karen” vibe previously alluded to. I hope the jury does not view Dugan and Cappelman that way, as I hope they don’t view Katie’s ethnic heritage as a predisposing factor for her crimes, reinforcing immigrant stereotypes that have resonated through all of US history. But, who knows…OJ was defining.

Katie became a babbling, whining 10 year old on cross. She can give the affect and presentation of a child, which makes it hard to argue with her. I bet she has been able to use that strategy to get what she wants in life. I’m still amazed she agreed to Charlie’s plan, which either illustrates how stupid she is or how desperate she was for money. Was she under June’s illusion of a life together, happily ever after? Doesn’t quite seem like it. I don’t know…I guess it was just greed and hubris.

On another note, Katie’s memory was crystal clear when it came to her mother’s health condition and surgery. She switched from persistent brain fog to clarity. Funny.
 
jbc said:
Congrats to Ms Dugan for an excellent cross today. Persistent and substantive. I didn’t detect the “Karen” vibe previously alluded to. I hope the jury does not view Dugan and Cappelman that way, as I hope they don’t view Katie’s ethnic heritage as a predisposing factor for her crimes, reinforcing immigrant stereotypes that have resonated through all of US history. But, who knows…OJ was defining.

Katie became a babbling, whining 10 year old on cross. She can give the affect and presentation of a child, which makes it hard to argue with her. I bet she has been able to use that strategy to get what she wants in life. I’m still amazed she agreed to Charlie’s plan, which either illustrates how stupid she is or how desperate she was for money. Was she under June’s illusion of a life together, happily ever after? Doesn’t quite seem like it. I don’t know…I guess it was just greed and hubris.

On another note, Katie’s memory was crystal clear when it came to her mother’s health condition and surgery. She switched from persistent brain fog to clarity. Funny.
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Agree on Dugan's cross - it was devastating. If I had a single critique it would be that I wish she went even further by doing the same call-by-call breakdown of all of Katie's wiretap conversations in the same way that she did with the Dolce video. Katie comes off on the wiretaps as extremely manipulative - playing off Charlie Adelson and Garcia equally and not telling either of them the truth. Lying comes extremely easy to her. That would have been very interesting to contrast with the amnesia that Magbanua seems to be suffering from every time she is asked a difficult question. I am sure this will be part of the State's closing.

But regardless, her cross was extremely effective and she put Magbanua down on the mat. Her ending about all the coincidences and how unlucky Magbanua must be to be caught in the middle was perfect and then the last line was the best about what was the link between Garcia and Charlie? Very impressive lawyering.
 
friendlyobserver said:
good recap - also, a complete new defense - where there were no distractions with other theories of who may have wanted Dan dead. here it was stipulated that charlie ordered the murder; the defense agreed. So the whole defense starts from a weaker position of trying to take her out of the obvious chain.
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I think it unlikely the prosecution would offer much of a deal to Katie. She damaged her credibility tremendously by testifying under oath in the last trial that she knew nothing. Now she doubled down and Charlie’s lawyers would easily destroy her over any deal cut under the wire here. What might make a difference would be if she has new evidence beyond her own worthless word.
 
Blue Shakehead said:
Agree on Dugan's cross - it was devastating. If I had a single critique it would be that I wish she went even further by doing the same call-by-call breakdown of all of Katie's wiretap conversations in the same way that she did with the Dolce video. Katie comes off on the wiretaps as extremely manipulative - playing off Charlie Adelson and Garcia equally and not telling either of them the truth. Lying comes extremely easy to her. That would have been very interesting to contrast with the amnesia that Magbanua seems to be suffering from every time she is asked a difficult question. I am sure this will be part of the State's closing.

But regardless, her cross was extremely effective and she put Magbanua down on the mat. Her ending about all the coincidences and how unlucky Magbanua must be to be caught in the middle was perfect and then the last line was the best about what was the link between Garcia and Charlie? Very impressive lawyering.
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I tend to agree with you but as it unfolded my wife was imploring her to sit down when she did rather than risk dragging out the obvious.
 
Blue Shakehead said:
Tara Kawass' Opening Statement:

… But Mr. Decoste and I are going to have to do something very different in this case. We are going to prove to you beyond any doubt that Charles Adelson conspired directly with Sigfredo Garcia behind Katie's back to have Dan Markel killed. "
Click to expand...
This was such a fail that I hope they have this on a big slide during closing.
 
Here's the rest of the tweets.

for Thursday, May 26th - Day 7

Karl Etters
@KarlEtters
·
12h
ASA Dugan is zeroing in on what exactly Magbanua's job was while she says she was working for Charlie Adelson

Magbanua says she handled his appointments calendar but can only remember a single appointment and is caught in a lie saying she collected rent for Adelson.

"I should have asked you to refresh my memory instead of saying that," Magbanua said.

ASA Dugan has been grilling Magbanua about clips from the Dulce Vida tape recorded by undercover FBI agents

We're pulling into roughly 4 hours of testimony by Katherine Magbanua. ASA Dugan is still asking questions and Defense still has to do its rebuttal

Defense is clearly frustrated with the style of Dugan's questions, making multiple objections for mischaracterization of evidence and Magbanua's prior statements. Judge sustains one

Dugan points to what she says are pretty stark coincidences. The money, CHarlie Adelson offering favors, him calling her when blackmailers showed up.

"You either have the worst luck or you did this," Dugan said.

Judge sustains an objection to that statement

Magbanua starts to cry on the stand when asked about how close she is to her mom

Defense atty Kawass: WHy did you elect to get back up here

"Because I wanted them to know the truth and it has to come from me. If I didn’t come up here and I didn’t talk to my jury I don’t even know what the outcome would be."

Defense has rested its case. We'll have closing arguments in the morning

Each side will get roughly 90 minutes of closing arguments. Judge said he would like the case to go to jurors by lunch

Katherine Magbanua's defense team put on a whirlwind case Thursday, by that I mean completed in a single, jam-packed day, in which the 37-year-old took the stand in her defense



link: https://twitter.com/KarlEtters
 
Friday, May 27th:
*Trial continues (Day 8)-Closing Arguments (@ 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). State rested their case on 5/25/22. Defense began their case on 5/26/22 & rested their case on 5/26/22.
Court info & trial from 9/23/19 thru 5/13/22 & Jury Selection Days 1-2 (5/16-5/17/22) & Trial Day 1-6 (5/18-5/25/22) reference post 599 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-30
5/25/22: Motion to Motion to Intervene & to vacate order dealing recording of jail calls.
5/26/22 Thursday, Trial Day 7: Defense attorneys are arguing for acquittal for principal to murder, citing the case of Denise Williams (which I also covered) in which her conviction was overturned. Here's our story on that case. "In this case, it's very clear the only direct evidence comes from the words of Luis Rivera," Tara Kawass said. ASA Cappleman: "Rivera offers details. She’s the one that hired, she’s the one that paid. She told them when to kill, who to kill & where to go to do it. This defendant was paid and paid others to do the murder." Judge Wheeler denies the motion for acquittal.
Defense witnesses: TPD Sgt. Sherrie Bennet. Defense looking to impeach Jessica Rodriguez. Bennet was the one who conducted a TPD phone interview with Rodriguez. State Attorney's Office lead investigator Jason Newlin. TPD Investigator Michael Dilmore, works with digital forensics.
for more info see post #618 & 625 (page 32) here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-31
Defense witness: Katherine Magbanua, defendant.
for more info see post #639 & 733 (page 37) here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-32
Defense attorney Tara Kawass stood before Judge Robert Wheeler, renewed all her team’s prior motions, and added a big one – a motion for acquittal-Denied.
for more info see post #710 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-36
The defense rested their case.
Closing arguments start tomorrow on 5/27/22 & each side will get roughly 90 minutes of closing arguments. Judge said he would like the case to go to jurors by lunch the jury could possibly get the case as early as noon.
for more info see post #712 here:
https://www.websleuths.com/forums/t...hassee-18-july-2014-arrests-11.620240/page-36
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.
 
The ending of Dugans cross:

Dugan: "You called Luis Rivera during the June and July trips. You called his old number, right? That 934 number you had in your phone as Tato?
Magbanua: I called the number but I never spoke to Luis.
Dugan: When you couldn't get in touch with Garcia, you called that number?
Magbanua: I believe so.
Dugan: and you never talked to Rivera because that wasn't his number right?
Magbanua: What? That 934 number? Right.
Dugan: You never talked to Luis Rivera on the phone, usually?
Magbanua: Not that I recall, no.
Dugan: Ok. You did talk to him though. You called him those dates and then you talked to him the day of the money drop, July 19th, right?
Magbanua: It said that he had called me.
Dugan: Right. He called you and then you called him back, right?
Magbanua: I believe so. Thats what the call log says.
Dugan: And you spoke to him. You tried to call him in June and July because you knew that he and Garcia were in Tallahassee during that time?
Magbanua: I didn't know that they were here.
Dugan: Well then why did you call Luis Rivera?
Magbanua: I don't remember why I called him. I called him in June and in July?
Dugan: Yeah, on the June trip and the July trip.
Magbanua: If he was with Garcia, maybe I was trying to get ahold of Garcia.
Dugan: But those were the only times all summer that you called that number though.
Magbanua: I don't recall that.
Dugan: Isnt that what the expert said?
Magbanua: I don't recall that - that thats the only time.
Dugan: If you were always calling Rivera when you were looking for Garcia, you would have called him more than two times the whole summer, right?
Magbanua: I don't recall that.
Dugan: And then on July 19th, the reason why y'all were talking that day - you and Luis Rivera - was because that was the day you were supposed to deliver money, right?
Magbanua: I never delivered any money.
Dugan: You said...so the only time you call him was during this June and July trip to Tallahassee and during the day of the money drop that summer and your phone locations are consistent with being at his house, but those are just all coincidences - you didn't have anything to do with this murder. Is that what you're saying?
Magbanua: Yes ma'am.
Dugan: Aren't you mad at Garcia and Charlie for doing this and you are innocent and you are having to answer for it?
Magbanua: Am I mad at them?
Dugan: Yeah!?
Magbanua: Yeah! I have been upset!
Dugan: If you were mad at Garcia, I mean, just not long ago, just this month you said on a recorded call to him "I can't talk to you, I can't touch you, I can't see you, I can't feel you" and you were crying about it.
Magbanua: Yeah, he is the father of my kids and I am going to love him forever.
Dugan: And this $17,000 cash spike during the 6 weeks after the murder. Being put on the Adelson payroll even though you didn't collect rent, you made the one appointment. Your $4,000 breast augmentation. All of that within the two months of the murder. Those are all just coincidences too. You didn't have anything to do with this. The money had nothing to do with anything that you did?
Magbanua: I have explained everything already.
Dugan: Ok. All the favors that Charlie did for you after you broke up. The trips. Nothing with that had anything to do with the murder, that was just a coincidence too. Just him being nice?
Magbanua: I guess sooo...
Dugan: Ok. The fact that he called you out of all of his ex-girlfriends after his mom had just said an ex-girlfriend was mentioned. Thats a coincidence too?
Magbanua: I guess so..
Dugan: The fact that your husband committed a murder for your boyfriend. Thats also just a coincidence. You didn't have anything to do with it?
Magbanua: I didn't have anything to do with it.
Dugan: I mean....those are some pretty unbelievable coincidences, right?
[Objection: Sustained]
Dugan: Ok. You either have the worst luck or you didn't do this, right?
[Objection: Sustained]
Dugan: Garcia would never do anything to help Charlie Adelson, would he?
Magbanua: I wouldn't think that but with everything that has been...thats all in the evidence and stuff, I mean...it looks pretty bad.
Dugan: And you said in 2019 that he would never do anything to help...
Magbanua: I did say that because I thought they would never...like each other. In any way or do favors for each other. I see why I am in the middle. I'm smack in the middle. I see it. And thats why I am fighting for my life..
Dugan: And so you did say that Garcia would never do anything to help Charlie Adelson?
Magbanua: In my 2019 testimony, yes I did mention that.
Dugan: Right. And in opening, your attorney said that there was definitive proof of the link between Garcia and Charlie. What is it?
Magbanua: ..what did my attorney say?
Dugan: No. Whats the link between Garcia and Charlie?
Magbanua: That they knew each other or that they spoke to each other.
Dugan: How?
Magbanua: I don't know. But apparently everything is being done behind my back. Thats why!
Dugan. Thats all, thank you.
 
missunshine said:
I wish Dugan had done the closing argument.
Click to expand...
I feel as if GC has (understandably so) has been just exhausted from this case & at some times that exhaustion and feelings of repeating the past have shown through in some of her tone and speaking during this closing. I also thought some of her thoughts were a little bit hard to follow, at least in a logical order. Example- she’d mention specific things like the money bag and Rodriguez testimony and then say “this is direct evidence” followed by recapping more testimony. (As opposed to explaining “there are different types of evidence that you will weigh in this case, some of it is direct evidence like….). I’m sure the jury is following it but just seemed a bit disjointed to me and I can imagine if she just feels exhausted. A recent interview I saw with another attorney interviewing her about this case and her career and she just looked and sounded so exhausted.
 
MTW2011 said:
I feel as if GC has (understandably so) has been just exhausted from this case & at some times that exhaustion and feelings of repeating the past have shown through in some of her tone and speaking during this closing. I also thought some of her thoughts were a little bit hard to follow, at least in a logical order. Example- she’d mention specific things like the money bag and Rodriguez testimony and then say “this is direct evidence” followed by recapping more testimony. (As opposed to explaining “there are different types of evidence that you will weigh in this case, some of it is direct evidence like….). I’m sure the jury is following it but just seemed a bit disjointed to me and I can imagine if she just feels exhausted. A recent interview I saw with another attorney interviewing her about this case and her career and she just looked and sounded so exhausted.
Click to expand...
I’m sure she is. I think she did well and that the evidence is there for a conviction! And then she’ll have Charlie’s charges/trial to deal with and hopefully, hopefully, Donna’s and Wendi’s as well.
 
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